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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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sks question
Newbie with an sks question that is so old, I am having a hard time finding the answer.
My friend bought an sks in '93 right before the ban while living in another very gun friendly state. Private transaction, no ffl required. Never did shoot it as it was a WSHTF gun. Got some high capacity magazines around the same time but never installed them. He later moved to California in mid 90's, keeping the sks locked away cleaning it periodically but still never used it. Didn't register it in California as had no idea such was required. I was reading political posts on this forum last weekend and came across a few threads talking about the California sks buyback/confiscation. Both my friend and I were quite surprised as neither of us had any idea what was taking place. Question is can my friend legally keep his sks in California or does it need to find a home in another state? Can he install his high capacity magazines? |
#4
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And what if this "SKS" is actually a Zastava 59/66?
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#7
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The general consensus from those "in the know" is that Russian SKS and probably Chinese clones are a no go for detachable mags, but that other clones, most notably the Yugo Zastava 59/66 are not SKS's and therefore can have detachable mags (as long as they are not marked "SKS" anywhere). If the high caps were brought to CA before the prohibition, then they would also be legal to use. I'm not aware of any test cases, but the legal minds here seem pretty confident that this is ok.
However be careful not to install any FIXED mags with greater than ten round capacity, as that makes it an AW by features. Also if it is one of the Chinese models that was designed to accept AK mags it is also a no go and he should get rid of it out of state. Note also that the Zastava 59/66 must not have the original GL attachment, should have a muzzle brake installed instead.
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"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi the question here is not whether the carrying of arms is a good idea—the question is whether carrying arms is constitutionally protected. Objective standards and due process—not Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura |
#9
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Quote:
However, just as not all AK clones are covered by this list, not all SKS clones are either. Hence the need for the detailed explanations above
__________________
"Who is the more foolish? The fool, or the fool that follows him?"-Obi Wan Kenobi the question here is not whether the carrying of arms is a good idea—the question is whether carrying arms is constitutionally protected. Objective standards and due process—not Defendants’ philosophy or personal beliefs about the value of this activity—must carry the day-Alan Gura |
#10
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#11
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I think we just blew this guy away with too much info, this thread completely turned from SKS to "what if its a Z 59/66" to "it is a Z 59/66 and here is the info for being legal with your 59/66"
The OP said SKS my guess is since the "friend" bought it in the early 90's when Russians were like $19 per crate of 20 with 5000 rds of comblock and the chinese were like $15 shipped with a mail order bride, Im guessing its not a 59/66 But hey, I could be wrong |
#12
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You are probably right, I just wanted to point out that there are exceptions. |
#14
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Actually he cannot have a detachable magazine on it. It has to use 10 round internal magazine to be CA legal.
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#15
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I currently own one of those evil "Zastava" (I prefer the term "Yugo") 59/66 SKS's with a spot-welded muzzle brake (installed by Century) replacing the grenade launcher. I am thinking of putting this rifle up for sale soon, but my concern is that the CA AG's website, although showing a (bad) photo of the gun with the grenade launcher and a grenade fitted, is silent on the version with the muzzle brake. It simply says that the "59/66" is illegal to possess or transer.
Has anyone here tested this issue to see what the official interpretation is? |
#16
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ANY SKS with a detachable magazine or fixed magazine holding more that 10 rounds is an illegal assault weapon in CA.
Any SKS with whatever features with a fixed 10 round magazine is legal. That is all.
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Custom made Tail Gunner Trailer Hitch for sale. http://www.calguns.net/calgunforum/s...php?p=17820185 "Hokey religions and ancient weapons are no match for a good blaster at your side kid" -Han Solo "A dull knife is as useless as the man who would dare carry it" |
#17
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Removable mag=felony charge. Dump it asap. I had to as well.
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PIMP stands for Positive Intellectual Motivated Person When pimping begins, friendship ends. Don't let your history be a mystery |
#18
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If he dumps the GL does that throw him into 922r compliance hell?
I'm currently weeding through it all with a buddy trying to dump his 59/66. He got it out of state n put a tapco pistol grip stock on it. I'm trying to figure out if I want to buy a regular stock for the transfer or get a bunch of compliance parts for it.
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I know what this man needs.............bring me the vodka |
#19
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My 59/66 has a fixed 10-round magazine with the compensator. My understanding is that SKS's with the original grenade launcher are not legal in CA. I'm just not sure about the legality of the SKS with the compensator.
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#20
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Quote:
Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#21
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Quote:
http://oag.ca.gov/firearms/zastava
__________________
Gun control is not about public safety. It's about power and wealth control. Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson There's only one real party in America. It's called the Capitalist Party, and you ain't invited. |
#22
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Medicinal marijuana? Yes.
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“Political tags — such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth — are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire.” — Robert A. Heinlein “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds” — Samuel Adams |
#23
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Thanks. As long as you're 100% sure. I tried earlier today to get this information from the AG's office, but the ONE person in the Firearms Bureau who handles these questions is out of the office for a week (Aaaaarrrrggghh, budget cuts).
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#24
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http://oag.ca.gov/firearms/zastava Your buddy could be in a lot of hot water if he imported one...let alone thinking about making it 922r compliant...
__________________
Gun control is not about public safety. It's about power and wealth control. Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson There's only one real party in America. It's called the Capitalist Party, and you ain't invited. |
#26
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let's not give those anti-human rights terrorists any idea...
__________________
Gun control is not about public safety. It's about power and wealth control. Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson There's only one real party in America. It's called the Capitalist Party, and you ain't invited. |
#27
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Are they the same? When I was looking into it most recently it seemed to be different? I took it as a if kept original it kept its c&r status if changed in any way it went the import route ie 922r with 10 or less imported parts?
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I know what this man needs.............bring me the vodka |
#28
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Quote:
a yugo made in 1966 is less than 50 years old, which does not qualify for c&r status. 922r also kicks in when you change the configuration from a sporting long gun, i.e. no pistol grip, collapsible stock, etc...
__________________
Gun control is not about public safety. It's about power and wealth control. Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson There's only one real party in America. It's called the Capitalist Party, and you ain't invited. |
#30
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SKS paratrooper
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Even in th 90s having a detachable mag was illegal on a sks, normally people would purchase 30rd fix mag since you could feed from the top |
#31
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Piggybacking on the original question, has any authority spoken out on worn-out SKSes that can hold 11 rounds? I understand that it would be an assault weapon by feature, but replacing the magazine (assuming a rifle in original condition) brings in 922r, correct?
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#33
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My brother has the paratrooper model and it came with a fixed magazine. I have the full length rifle. I recently had my SKS, along with my pistol and shotgun confiscated (long story). I was not at fault yet still lost my fire arms while they were tested by the police for god knows what. After another background check my guns were returned to me. I had the Tapco pistol grip 6 position stock with a fore grip, bayonet mount and detachable 10 round magazine attached to it. I also had a loaded detachable 30 round mag stored with this rifle. Everything was returned to me with no questions asked. Not to say this is the norm, but I had no problem, and I definitely never take the 30 round mag out of the house. Who knows, under different circumstances I might have gone to jail.
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#34
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__________________
Gun control is not about public safety. It's about power and wealth control. Power tends to corrupt, and absolute power corrupts absolutely. Lord Acton I believe that banking institutions are more dangerous to our liberties than standing armies. Thomas Jefferson There's only one real party in America. It's called the Capitalist Party, and you ain't invited. |
#35
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#36
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They can still come back and charge you with a felony for the assault weapon possession. Aren't you concerned about that at all?
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#37
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It's a Chinese SKS, and yes I was concerned about that. I removed the fore grip and installed the original mag the rifle came with. Considering that the SWAT team was involved when they took my guns and the amount of people I've had to deal with since, not one person has mentioned anything about my SKS or what was installed on it. Its been 2 years and they have returned all of my guns and ammo.
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#38
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Just for the record, I did no wrong when they took my guns from me. It takes a long time to get through all the red tape though. All of the officers involved were very decent guys. And once everything was set straight, everything was returned.
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#39
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Quote:
Sent from my SGH-T999 using Tapatalk 2
__________________
Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850) |
#40
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if the bolt is forward the magazine seems to be unremovable
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