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View Full Version : Are Bayonets legal on Chinese SKS rifles?


Marlin Hunter
03-15-2010, 11:59 AM
I am not sure where to post this question.

I while ago it was illegal to have a bayonet on a Chinese SKS rifle. I do not remmber if the law was state or federal. I have seen some Chinese SKS rifles with the Bayonet attached. Are these now legal in California?

thanks :cool:

MH

NRAhighpowershooter
03-15-2010, 2:33 PM
the bayonet and or lug removal was a federal thingie... CA has no ban on bayonets and/or lugs.....

DRH
03-15-2010, 2:37 PM
It is the federal import ban law, an executive addition to the GCA, that stopped SKS's from being imported with a bayonet. The firearms that were imported before the ban can have their bayonets, those imported after the ban should not have any military feature added unless you play the 922 import parts game to make the rifle no longer an import. It is very difficult to determine when your rifle was imported and whether it can legally have a bayonet.

From J Bardwell's, Modifying Semi Automatic Firearms -

"The law - 18 U.S.C. section 922(r)

(r) It shall be unlawful for any person to assemble from
imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or shotgun prohibited from importation
under section 925(d)(3) of this chapter as not being
particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to -
(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States
or any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or
(2) the assembly of any such rifle or shotgun for the purposes
of testing or experimentation authorized by the Secretary.

However, just when you think that means what it says, BATF has
also decided, in making the regulation implementing section 922(r),
that "identical" means similar, and not identical. Put another
way, read the law to say; it is illegal for anyone to assemble a
semi-auto rifle or shotgun domestically that would be prohibited
from import were import attempted, out of imported parts. The law
(P.L. 101-647) took effect on November 30, 1990. Repair to rifles
so "assembled" before that date are OK, assembly on or after that
date is not, regardless of when the rifle was imported. Thus in
order to legally modify your SKS rifle in a way that would make it
prohibited from import, you need to have done that before the law
took effect. Regardless of when it was imported, you may not
modify it, legally, anymore, unless you add enough US made parts to
have it be considered US made under the regulation."


The article is very informative but you have to understand that the 1994 Crime Bill it mentions is now expired and is not longer relevant:
http://www.titleii.com/bardwell/semi_auto_faq.txt

jamesob
03-15-2010, 7:05 PM
this was discused a few weeks ago and the op didn't believe us. the ban was a federal thing and sks's were brought in after the ban with the bayos removed. the fact is there are more pre bans with the bayos than post bans. chinese guns are very hard to find out the mfg. dates so it's not really an issue.

PEZHEAD265
03-15-2010, 7:45 PM
The federal ban was in 89 stating that they could not be imported with bayonets.Are they going to throw you in jail for having a bayonet not likely.The problems that might occur is if your a C&R holder and the feds came to check your books and asked you to open your safe and sitting next to your Yugo,Russian and Albaian is a Chinese with a bayonet that might cause a problem.Jamesob is right about the dating of a Chinese is hard but it swings both ways.You can't prove that is a pre ban and that it shouldn't have one unless you have a recept and I would not want to lawyer up to find out.Jamesob is going to say he's seen them on Gunbroker but there is many without.Aim surplus sold 20 chinese without bayo's even though they had the lug.??WHY??There are sellers on GB that will sell you a High Point carbine without the bullet button and all they are doing is taking the gun apart and selling it shipped in peices.I gave up the fight last time.That is the law if you want to strecth it that is your decision I'm not sure who has to prove what,it being a pre or post ban

Cokebottle
03-15-2010, 7:55 PM
The federal ban was in 89 stating that they could not be imported with bayonets.Are they going to throw you in jail for having a bayonet not likely.The problems that might occur is if your a C&R holder and the feds came to check your books and asked you to open your safe and sitting next to your Yugo,Russian and Albaian is a Chinese with a bayonet that might cause a problem.Jamesob is right about the dating of a Chinese is hard but it swings both ways.You can't prove that is a pre ban and that it shouldn't have one unless you have a recept and I would not want to lawyer up to find out.Jamesob is going to say he's seen them on Gunbroker but there is many without.Aim surplus sold 20 chinese without bayo's even though they had the lug.??WHY??There are sellers on GB that will sell you a High Point carbine without the bullet button and all they are doing is taking the gun apart and selling it shipped in peices.I gave up the fight last time.That is the law if you want to strecth it that is your decision I'm not sure who has to prove what,it being a pre or post ban
Except that the Federal ban expired and has not been renewed.

Whether it's legitimately pre-ban or was illegally imported post-ban, it would be up to the BATF to prove. All you need to do is... say nothing.
Don't say you bought it pre-ban, don't admit that you imported it post-ban (and you could have PURCHASED it after the ban, the ban only prohibited the importation and manufacture of new assault weapons).
If the BATF can't prove that you imported it after 1989, they have no case.

Either way, today, it is legal.

As for the C&R holder... don't allow the BATF agent access to your home or your safe.
When they request the audit, schedule an appointment and meet them at their field office with your collection and bound book.
03FFL's are not subject to "surprise" audits or premises inspection... that joy is reserved for businesses... 01, 02, 06, 07, etc...

courteousgavin
03-15-2010, 8:09 PM
Except that the Federal ban expired and has not been renewed.

The 1994 Federal AWB expired and has not been renewed. The 1989 "non-sporting" import ban is still in effect.

bohoki
03-15-2010, 8:09 PM
if it is attached it its legal

its only illegal to "attach" a bayonet on a chinese sks

PEZHEAD265
03-15-2010, 8:11 PM
Not talking about Slick Willie's 94 AW ban.Talking about big Bush's ban in 89that states That the Chinese SKS can not be imported with a bayo.If you are going to give legel advice know what your talking about.

Cokebottle
03-15-2010, 8:11 PM
The 1994 Federal AWB expired and has not been renewed. The 1989 "non-sporting" import ban is still in effect.
922(r)?
Enough domestic parts take care of that.
Not sure what's available for the SKS, but where there's a will (and a lathe) there's a way.

Cokebottle
03-15-2010, 8:12 PM
Not talking about Slick Willie's 94 AW ban.Talking about big Bush's ban in 89that states That the Chinese SKS can not be imported with a bayo.If you are going to give legel advice know what your talking about.
Either way, the importation is what was banned... not possession.

And the burden of proof is still on the BATF.

jamesob
03-15-2010, 8:12 PM
if it is attached it its legal

its only illegal to "attach" a bayonet on a chinese sks.
in around about way, yes

Marlin Hunter
03-15-2010, 9:04 PM
I bought the SKS around 1982, and I have the receipt. I removed the bayonet when the assault weapon law went into effect (1989?). I just want to put it back on. It isn't even a real bayonet. It's a long tent stake.

courteousgavin
03-15-2010, 9:38 PM
Then yes, you can put the bayonet back on. You didn't even need to remove it in 1989.

mievil
03-16-2010, 6:26 PM
You DIDN'T remove the bayo. It's been on the rifle the entire time. The end.