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View Full Version : 20 round fixed Chinese Star SKS Magazine legal?


mdlis
03-30-2009, 8:41 PM
I understand that it's legal to possess high-cap detachable mags so long as they're disassembled, but is it lawful to possess a high-cap FIXED mag like the 20 round Chinese Star SKS mag whether assembled or disassembled?

The reason I ask is because I've read somewhere about the "assembled assault weapon"(?) policies that said something like it would be illegal to own "kits" that could be used to assemble an AW. I'm weary that they might consider having the high-cap fixed magazine, even though detached, as a "kit".

domokun
03-30-2009, 9:13 PM
There is no constructive possession of Assault Weapons in CA. You can legally possess the 20 round Chinese magazine as long as you do not attach it to the SKS in any shape or fashion. A 10+ round magazine attached to the SKS as described in your post is an illegal assault weapon in CA.

In summary:


20+ Round SKS magazine in your possession that was purchased before the ban took place on 1/1/2000 = OK.
10+ round magazine + SKS with attachable magazine that requires tool to remove = NO GO. Assault weapon as per CA law.


Please see the CA AW ID Flowchart (http://www.calguns.net/caawid/flowchart.pdf) for further clarification on if your SKS is "off-list" and legally configured in CA.

bwiese
03-30-2009, 10:23 PM
While domukin is in general correct, there was a case in Monterey where an guy was charged/convicted w/SKS with detached fixed mag in the same carry case.

Not sure if he was well-represented, etc. And it was pre-Harrott, pre-Kasler I think.

SKS w/detachable magazine is in a weird zone since it's the only Roberti-Roos gun defined by features.

I'd not travel around with an SKS and that magazine.

mdlis
03-31-2009, 2:38 PM
I suppose it's just better to not have to deal with having one, whether it's legal or not.


While domukin is in general correct, there was a case in Monterey where an guy was charged/convicted w/SKS with detached fixed mag in the same carry case.

Not sure if he was well-represented, etc. And it was pre-Harrott, pre-Kasler I think.

SKS w/detachable magazine is in a weird zone since it's the only Roberti-Roos gun defined by features.

I'd not travel around with an SKS and that magazine.


Do you have a link to the details to that case somewhere?

lomalinda
03-31-2009, 2:47 PM
There's an NRA video on Youtube where, I believe, the guy who got nailed for the SKS w/detachable magazine was interviewed. He was an older white guy who was caught completely off-guard by the whole thing. Probably didn't even know it was illegal.

saki302
04-01-2009, 1:33 PM
They're illegal to use.

Sucks major $#@$ as I have one from the late 90's, and it worked well back in the day :(
Illegal to use in CA on ANY SKS variant. I'll probably ennd up selling mine online someday if prices go up / when I get around to it.

-Dave

CSACANNONEER
04-01-2009, 1:37 PM
They're illegal to use.

Sucks major $#@$ as I have one from the late 90's, and it worked well back in the day :(
Illegal to use in CA on ANY SKS variant. I'll probably ennd up selling mine online someday if prices go up / when I get around to it.

-Dave

Unless you registered your SKS with a fixed +10 round mag before 2000. Not too likely but, it could have happened.

AJAX22
04-01-2009, 1:50 PM
There's an NRA video on Youtube where, I believe, the guy who got nailed for the SKS w/detachable magazine was interviewed. He was an older white guy who was caught completely off-guard by the whole thing. Probably didn't even know it was illegal.

That was a different issue,

His problem was with the fact that he had an SKS-M or SKS-D at a time before the 'detachable mag' issue was raised... (the original list did not use the same terminology to define it, and only banned 'some' of the rifles)

the case in question was a guy with a chinese (IIRC) Sks equipped with a detachable 'duck bill' magazine.

ad6mj
04-01-2009, 3:50 PM
SKS by series shouldn't have any more legitimacy than AR or AK right? So, as long as the rifle doesn't have the letters SKS on it, flash hider, grenade launcher or pistol grip, it would be ok to have a detachable mag? Assuming it's in compliance with 922r?

AJAX22
04-01-2009, 4:14 PM
SKS by series shouldn't have any more legitimacy than AR or AK right? So, as long as the rifle doesn't have the letters SKS on it, flash hider, grenade launcher or pistol grip, it would be ok to have a detachable mag? Assuming it's in compliance with 922r?

correct, yugo's are ok to run detachable featureless.

bwiese
04-01-2009, 4:37 PM
SKS by series shouldn't have any more legitimacy than AR or AK right? So, as long as the rifle doesn't have the letters SKS on it, flash hider, grenade launcher or pistol grip, it would be ok to have a detachable mag? Assuming it's in compliance with 922r?

I believe *most* Simonov rifles are considerable as "SKSes" with the exception of the Yugo Zastava M59(/66), the E.German rifle and the N. Korean one.

ad6mj
04-01-2009, 4:54 PM
I believe *most* Simonov rifles are considerable as "SKSes" with the exception of the Yugo Zastava M59(/66), the E.German rifle and the N. Korean one.

bwiesse, you are certainly are more knowledgeable than myself in these matters. Is there some reason that SKSes would not have to be listed specifically like AK and ARs?

GaffSD
04-01-2009, 5:27 PM
Okay...

I want to be sure that I'm reading this correctly.

I own a Yugo SKS that was purchased with the grenade launcher removed. In place is a muzzle break. The Bayonet is still attached (does this matter?).

So... It would seem that I could remove the stock magazine, and attach a "DuckBill" removable mag, as long as it was 10 rounds or less.

Could I use a mag that is 10+, if I owned it before 2000?

Thanks for your patience....

Cheers,

Ron