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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  
Old 02-12-2013, 6:13 AM
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Default 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?
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Old 02-12-2013, 6:16 AM
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There is no sks buyback/confiscation, and none is proposed. He can't install the big caps.
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Old 02-12-2013, 6:20 AM
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as long as this isnt the SKS model that accepts detachable AK magazines, he is good to go. the previous poster is right though, he cannot use the high cap mags with it.
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Old 02-12-2013, 7:22 AM
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Originally Posted by SKSer View Post
as long as this isnt the SKS model that accepts detachable AK magazines, he is good to go. the previous poster is right though, he cannot use the high cap mags with it.
And what if this "SKS" is actually a Zastava 59/66?
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Old 02-12-2013, 7:28 AM
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Quote:
that accepts detachable AK magazines
I have an SKS I bought about the same time. But, cant you make them all accept a detach mag? Mine has the standard one on it, so I assume thats legal
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Old 02-12-2013, 7:36 AM
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Oh yeah if it is pre ban I suppose you can use the detachable hi caps, if it is not marked "sks".
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Old 02-12-2013, 7:38 AM
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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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Old 02-12-2013, 7:43 AM
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Forgive me but I too am ignorant about the dreaded SKS issue. If an SKS with a detachable mag is a big no-no, then why is an AK with detachable mag ok? Same basic thing, right?
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Old 02-12-2013, 7:52 AM
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Quote:
Originally Posted by rsacks View Post
Forgive me but I too am ignorant about the dreaded SKS issue. If an SKS with a detachable mag is a big no-no, then why is an AK with detachable mag ok? Same basic thing, right?
You, my friend, have fallen into the dreaded trap of attempting to attach any kind of logic whatsoever to CA gun laws. Do yourself a favor and stop that nonsense right now. The SKS with detachable mag is named as a banned AW on the no no list.

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
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Old 02-12-2013, 8:13 AM
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Originally Posted by J.D.Allen View Post
You, my friend, have fallen into the dreaded trap of attempting to attach any kind of logic whatsoever to CA gun laws. Do yourself a favor and stop that nonsense right now. The SKS with detachable mag is named as a banned AW on the no no list.

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
Thanks. Now I have a headache. Is Aspirin still legal in this state?
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Old 02-12-2013, 8:14 AM
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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
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Old 02-12-2013, 8:35 AM
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Quote:
Originally Posted by SKSer View Post
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

You are probably right, I just wanted to point out that there are exceptions.
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  #13  
Old 02-12-2013, 9:59 AM
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Yugo M59/66 rifles cost around $1000 in the early 90's. They were extremely rare in the U.S. back then.
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Old 02-12-2013, 11:28 AM
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Quote:
Originally Posted by paul0660 View Post
There is no sks buyback/confiscation, and none is proposed. He can't install the big caps.
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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Old 04-22-2013, 3:02 PM
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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?
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  #16  
Old 04-22-2013, 4:47 PM
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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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Old 04-22-2013, 5:22 PM
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Removable mag=felony charge. Dump it asap. I had to as well.
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Old 04-22-2013, 7:17 PM
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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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Old 04-22-2013, 7:19 PM
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Originally Posted by cdtx2001 View Post
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.
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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Old 04-22-2013, 7:25 PM
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Originally Posted by mach30 View Post
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.
It's fine.

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Old 04-22-2013, 7:33 PM
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Quote:
Originally Posted by cdtx2001 View Post
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.
Zastava SKS with grenade launcher is illegal in CA. It's considered a destructive device.

http://oag.ca.gov/firearms/zastava
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Old 04-22-2013, 7:37 PM
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Thanks. Now I have a headache. Is Aspirin still legal in this state?
Aspirin? No.
Medicinal marijuana? Yes.
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Old 04-22-2013, 7:38 PM
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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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Old 04-22-2013, 7:54 PM
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Quote:
Originally Posted by emtmark View Post
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.
Zastava SKS with GL is illegal to import, own, sell or buy in CA without a permit.

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...
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Old 04-22-2013, 8:49 PM
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This is an interesting thread, will the fixed-stock sks get banned in this round of bs laws?

Last edited by .30-06; 04-22-2013 at 8:57 PM..
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Old 04-22-2013, 9:27 PM
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Originally Posted by .30-06 View Post
This is an interesting thread, will the fixed-stock sks get banned in this round of bs laws?
let's not give those anti-human rights terrorists any idea...
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Old 04-22-2013, 11:01 PM
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Originally Posted by 1681 View Post
Zastava SKS with GL is illegal to import, own, sell or buy in CA without a permit.

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...
Yugo 56/99

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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Old 04-22-2013, 11:17 PM
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Yugo 56/99

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?
it's the same model, with the exception of one having a GL and one does not, usually replaced with muzzle brake by importers before selling in CA.

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...
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Old 04-23-2013, 7:35 AM
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Well it was bought in CO soooooooo that there might be an issue 😫😳
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Old 04-23-2013, 5:52 PM
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Default SKS paratrooper

Quote:
Originally Posted by paul0660 View Post
There is no sks buyback/confiscation, and none is proposed. He can't install the big caps.
I think he is talking about the sks paratrooper. I remember it had shorter barel and came with detachable mag. It was banned in the mid 90s. I think people had to turn them in or maybe just banned.

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
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Old 04-23-2013, 5:53 PM
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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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Old 04-23-2013, 6:40 PM
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there weren;t any 59/66s imported till like 2005 back in 1993 they were still issued and being used

Last edited by bohoki; 04-23-2013 at 6:51 PM..
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Old 04-23-2013, 6:53 PM
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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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Old 04-23-2013, 8:27 PM
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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?
as long as the new part is of comparable make/material, 922r does not kick in, i.e. replacing a worn out wood stock with a new wood stock.
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Old 04-23-2013, 9:21 PM
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Originally Posted by Re1apse View Post
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.
Interesting...what kind of SKS?
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Old 04-23-2013, 9:26 PM
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I had the Tapco pistol grip 6 position stock with a fore grip, bayonet mount and detachable 10 round magazine attached to it.
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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Old 04-24-2013, 9:21 AM
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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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Old 04-24-2013, 9:31 AM
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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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Old 04-24-2013, 9:56 AM
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Originally Posted by Re1apse View Post
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.
Unless that rifle is a registered assault weapon I don't see how you're not in jail.

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Old 04-24-2013, 10:41 AM
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bohoki bohoki is offline
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Quote:
Originally Posted by JDay View Post
Unless that rifle is a registered assault weapon I don't see how you're not in jail.

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if the bolt is forward the magazine seems to be unremovable
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