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Old March 22nd, 2013, 07:35 PM #1
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Your new SKS and 922R Compliance for the new shooter

A lot of new shooters are buying/modding SKS rifles.
I figured I would put this out there to help prevent the uninformed from getting themselves in trouble at a later date.
No one has been convicted of this, to my knowledge, but it's a good CYA for all to abide by...especially in our current gun unfriendly environment.
Title 18 of the US Code (18 USC), Chapter 44 Section 922 is Federal Law and applies to both imported shotguns and rifles.
There is a list of 20 possible parts and the number of parts per firearm varies, according to model.
The law is if you change ONE part, then you have to change enough parts so that no more than TEN parts of the firearm are imported. The balance of the parts have to be US made, which again varies according to model.

Most SKS rifles in original form have 14 parts, see below.
The Yugo 59/66 has an extra one for a total of 15.
This means in order to be legal no more than 10 parts can be imported, if you change one part, you need to change enough parts to have no more than 10 parts that are imported.
This means that if you change one part, that you need to change at least 4 or 5 parts accordingly.
Adding a Tapco stock adds a pistol grip and adding a detachable magazine now adds a floorplate.
Most say...this is OK, because now I have 5 total US parts, buttstock, handguard, pistol grip, magazine and pistol grip.
Problem is that 2 of those 5 parts were not in the original configuration and now bring the total parts count to 16 or 17 of the Federally listed parts.
So in effect you only changed 3 of the original parts and added 2 to the overall total.
This means that you need a Tapco Stock set, a US made handguard, a US made magazine and still need a minimum of one extra US made part, of your choice, to be compliant.
If you only go to a monte carlo style stock, you still need at least 3 more parts to be legal...a handguard, a magazine and one more part of your choice.

SKS Parts per the Federal List in Normal Configuration
1. Receiver.
2. Barrel.
3. Muzzle attachment. Yugo M59/66A1 Only
4. Bolt.
5. Bolt carrier.
6. Gas piston.
7. Trigger housing.
8. Trigger.
9. Hammer.
10. Sear.
11. Disconnector.
12. Buttstock.
13. Forearm/handguard.
14. Magazine body.
15. Follower.

Total Parts in original configuration:
Yugo 59/66 = 15
All other models = 14

Tapco Stock and Handguard set added - Total Parts:(adds pistol grip)
Yugo 59/66 = 16
All other models = 15

Tapco Stock and Handguard set added with US made magazine - Total Parts:(adds pistol grip and floorplate)
Yugo 59/66 = 17
All other models = 16

It's very easy to be ignorant and in violation of this.
Like we have seen many times in the past, ignorance is not an acceptable excuse for non-compliance.
That's the reason they made it that way IMHO, a very forward-looking law, for possible use at a later date.
Know the law and make sure you are compliant.
Due to parts availability, it is VERY difficult to change any parts and be able to change enough parts to be both compliant with 922R AND retain status as an unregulated SKS in MD.
If you change to Monte Stock/handguard and keep the fixed mag, you still need 2 more US made parts, which can be difficult if you omit the magazine.
Removal of the bayonet does not count, as they thought ahead and it is not a counted part.
Some argue that all stocks have a pistol grip, but that is a gray area that is better not tread upon IMO.
They did their homework on this one, back in the day, mostly to make throwing a foreign parts kit together with a US made receiver alone illegal.
Other miscellaneous parts weren't as available, back the, as they are now.
Clear as mud????
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Old March 22nd, 2013, 07:39 PM #2
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Not trying to hijack.

I like to use this as you can check off parts as you go.
http://gunwiki.net/Gunwiki/BuildSKSVerifyCompliance
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Old March 24th, 2013, 07:03 PM #3
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Good job! We should all keep in mind, as well, that even the pro-gun lobbyists are pushing congress to start enforcing the gun laws that we already have, rather than enacting new ones. This is one of those laws that we already have, and all indicators are that just because nobody has been prosecuted for it in the past, that doesn't mean that there won't be aggressive enforcement in the future. If you have a C&R that you've modified, but that doesn't meet all the requirements, you might want to remind yourself of that before you take it down to the local range.
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The only thing that I would change about this is to note that it is a constitutional right, and not a privilege.
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Old March 25th, 2013, 07:55 PM #4
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Quote:
Originally Posted by SRD View Post
Not trying to hijack.

I like to use this as you can check off parts as you go.
http://gunwiki.net/Gunwiki/BuildSKSVerifyCompliance
This site noted is for NON-C & R SKS's. If that makes a difference.....
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Old March 25th, 2013, 09:33 PM #5
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This site noted is for NON-C & R SKS's. If that makes a difference.....
Once you start swapping out parts, it becomes a non-C&R firearm. Exactly where is the line drawn for this? As I've said before, government lawyers intentionally write in gray areas when they create laws. (That from a former career FAA lawyer.) Doing so gives them the ability to not necessarily have to pursue every minor infraction ... but it also gives them leeway to go after you if they really want to get you. Remember that Al Capone, one of the most infamous gangsters in our history, was jailed for tax evasion.
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The only thing that I would change about this is to note that it is a constitutional right, and not a privilege.
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Old April 17th, 2013, 12:10 PM #6
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Not necessarily taking about SKS', but someone was saying the other day that it was the swapping of the stock (say to folder, telescopic, etc.) that made the 922r rule go into effect. They suggested that no stock change meant no 922r. Any truth to this?
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Old April 17th, 2013, 02:43 PM #7
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no stock change meant no 922r. Any truth to this?
Nope. Change any part and you have to comply w/ 922r.
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Old April 17th, 2013, 06:28 PM #8
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Originally Posted by smdub View Post
Nope. Change any part and you have to comply w/ 922r.
depends, only if you modify the rifle.

replacing parts, with parts that are the same is fine, for example your gas piston snaps in two, and you buy a replacement.

adding stuff to the gun is not an issue either, like slapping on a bipod.


its when you replace the stock with a different or synthetic stock, or replace the 10 round mag with a 20, or maybe even replace the receiver cover with one that has a built in scope mount.
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Old April 17th, 2013, 10:21 PM #9
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So am I correct in saying that with my M59/66a1 Yugo, I change the stock which counts as three parts, the magazine, which count as three parts and the handguard/ gas tube which counts as one part, I would be 922r compliant? I just want to make sure that when I complete my assembly and lord forbid have to register it, I am also gonna stay out of the federal pokey
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Old April 17th, 2013, 10:25 PM #10
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Quote:
Originally Posted by gulfwarsubvet View Post
Unfortunately, 922r does not differentiate between replacement of parts. The law has to do with "assembly" of a firearm, but does allow an exception for disassembly and reassembly for cleaning, using the same original parts,and removal and replacement of magazines (of course). As soon as one part is changed, regardless of part country origin or configuration, according to the ATF you have now met the assembly criteria....and can have no more than 10 foreign made parts. Same goes for adding parts, as you have now assembled the firearm.

ATF response letter below:


yes but you have to realize that we're specificially discussing C&R firearms here.


a yugo SKS, as received is an illegal feogn made military semi auto.

the only reason we are allowed to have it, is because it is designated as C&R, therefore it is exempt from needing to comply with 922r at all.

the question is not, what constitutes assembly or whatever, the question is, what can you do without voiding the firearm's C&R classification.
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