View Full Version : Is my SKS Legal?

12-28-2009, 6:14 PM
I was looking at another SKS thread and it got me thinking, therefore I did some research on my Yugoslavian Type 59/66 with grenade launcher replaced by a welded muzzle brake. I bought this at Big 5 about 2 years ago and as far as I know everything else is original parts.
After doing some reading the removal of the grenade launcher actually removes this rifle from C&R status and now it is not compliant with 922r, I think.
Am I a felon and don't even realize it?

Here is the article:

California law prohibits the grenade launcher on Yugoslavian Type 59/66 Rifles. Various companies sell so-called “California legal Yugos”, where the grenade launcher is removed and replaced with a muzzle break. These rifles are definitely no longer C&R, and ATF has said so in writing numerous times.

However, when you modify a rifle and “void the C&R status”, you need to conform to the current requirements of Title 18 USC § 925(d)(3) and § 922(r). In the case of non-C&R SKS, the ATF has clearly said that a “folding bayonet” is one of the items that are prohibited. Which means that these companies should have removed the bayonet along with the grenade launcher.

Yet, it's hard to believe that so many companies could all be violating the law by making the GL mod. ATF hasn't been able to articulate a clear answer despite receiving more than a few letters on the subject. So it seems that “California legal Yugos” exist in something of a legal grey area.

12-28-2009, 6:24 PM
You won't be convicted under 922r. Worst case, you possess contraband and it could be confiscated by a federal agent. Pigs will fly before that happens. You didn't import it or modify it, so don't worry.

12-28-2009, 6:52 PM
If you bought it at big 5 then who cares if its CR or not. It was DROS'd

wouldnt it only matter if it is still a CR if you were to sell it?

12-28-2009, 6:55 PM
It would matter if I went to the range and the law decided to make me "That Guy" we all hear rumors about.

12-28-2009, 6:58 PM
It would matter if I went to the range and the law decided to make me "That Guy" we all hear rumors about.

Your fine don't worry. If that 59/66 still had the GL attached you would be in possesion of a destructive device.

HUTCH 7.62
12-28-2009, 6:58 PM
YES! you are a Felon give the rifle and I will dispose of it fo.r you

12-28-2009, 7:05 PM
YES! you are a Felon give the rifle and I will dispose of it fo.r you

you beat me to it

Mssr. Eleganté
12-28-2009, 7:23 PM
As others have suggested, it is not illegal to own or sell a 922(r) non-compliant firearm. The person who "manufactured" it is the one who needs to worry.

Secondly, BATFE is of the opinion that "minor" modifications to a military surplus C&R firearm do not remove the firearm from C&R status...

...Technology Branch (FTB) has concluded that a firearm must be in its original condition to be considered a C&R weapon.

It is also the opinion of FTB, however, that a minor change such as the addition of scope mounts, non-original sights, or sling swivels would not remove a firearm from its original condition. Moreover, we have determined that replacing particular firearms parts with new parts that are made to the original design would also be acceptable—for example, replacing a cracked M1 Grand stock with a new wooden stock of the same design, but replacing the original firearm stock with a plastic stock would change its classification as a C&R item.

If BATFE thought that replacing the grenade launcher on the M59/66 with a similar looking muzzle brake was a violation of 922(r) then they would first tell Century Intl. and all of the other distributors to stop doing it. But this would put them in the awkward position of demanding that firearms distributors keep selling grenade launchers to the public. As thedrickel pointed out above, pigs will fly before BATFE puts itself in that position.

12-28-2009, 7:56 PM
What you are saying makes complete sense, ahhh if only the laws would make sense!