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  #1  
Old 05-06-2006, 7:15 PM
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Default Yugo M59 SKS - C&R Eligible?

Anybody? I've seen on some sites that they say the SKS is not C&R eligible to CA.

Thanks.
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  #2  
Old 05-06-2006, 7:56 PM
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Quote:
Originally Posted by tygerpaw
Anybody? I've seen on some sites that they say the SKS is not C&R eligible to CA.

Thanks.
Not eligible to be shipped to a C&R holder in CA (CA 50 year rule). Though you can buy one with your C&R while out of state and bring it back.
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  #3  
Old 05-07-2006, 3:54 PM
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According to the C&R list on the ATF site:

"Yugoslavian manufactured rifles M59 and M59/66, 7.62 x 39mm caliber, all semiautomatic variations and having a fixed magazine, manufactured from 1947 to 1992."

I'm guessin an M59 made prior to '56 would be eligible, right?

jl1252
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Old 05-07-2006, 5:46 PM
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Thumbs up sks legal

as a c&r holder I have bought both the 59 & the 59/66 ca. converted of course. it is legal to buy them over the internet in kalifornia.
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Old 05-07-2006, 5:58 PM
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Quote:
Originally Posted by gunlector
as a c&r holder I have bought both the 59 & the 59/66 ca. converted of course. it is legal to buy them over the internet in kalifornia.
While it is possible to buy them over the internet, and at least two distributors I know of will ship them to a California C&R FFL, it is not legal.
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Old 05-07-2006, 7:07 PM
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Which two distributors will?
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  #7  
Old 05-07-2006, 8:01 PM
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Interordnance and Classic Arms
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  #8  
Old 05-08-2006, 7:34 AM
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Quote:
Originally Posted by jl1252
I'm guessin an M59 made prior to '56 would be eligible, right? jl1252
Yugo M59 SKS production didn't start until 1959, but in a few more years they'll be CA C&R OK.
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Old 05-08-2006, 8:35 PM
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You might want to check out Turner's if there is one by you. They had one in stock and I put a deposit on it. I do not have a C&R and did not want to pay the fees to have someone else transfer it.
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  #10  
Old 05-08-2006, 9:33 PM
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Default Yugo SKS with C&R

Quote:
Originally Posted by gunlector
as a c&r holder I have bought both the 59 & the 59/66 ca. converted of course. it is legal to buy them over the internet in kalifornia.

You may have purchased them but you didn't do it through your C&R FFL right? If you did that wouldn't look to good in the ol' bound book...
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  #11  
Old 05-08-2006, 9:35 PM
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I love my SKS

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  #12  
Old 05-08-2006, 9:40 PM
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Quote:
Originally Posted by blfd1
You may have purchased them but you didn't do it through your C&R FFL right? If you did that wouldn't look to good in the ol' bound book...
Actually there is no way to tell by looking in a bound book whether something was purchased over the internet or in person. If you purchase a Yugo M59 from a dealer while out of state and bring it back to California with you it would be logged into your bound book exactly the same way as one you had shipped to you from the same out of state dealer. And the out of state dealer's bound book entry would look the same whether he shipped it to you or sold it to you face to face.
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  #13  
Old 05-08-2006, 10:15 PM
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Default Thanks for setting me straight...

Quote:
Originally Posted by blfd1
You may have purchased them but you didn't do it through your C&R FFL right? If you did that wouldn't look to good in the ol' bound book...
Quote:
Originally Posted by Amendment II
Actually there is no way to tell by looking in a bound book whether something was purchased over the internet or in person. If you purchase a Yugo M59 from a dealer while out of state and bring it back to California with you it would be logged into your bound book exactly the same way as one you had shipped to you from the same out of state dealer. And the out of state dealer's bound book entry would look the same whether he shipped it to you or sold it to you face to face.

Ahh, I see! I just got my FFL 03 and am still learning the "ropes"

Thanks for the info. I need to go buy an SKS
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  #14  
Old 05-09-2006, 12:00 AM
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That's the ultimate retarded CA rule. We can buy ANY C&R long gun or pistol IN PERSON out of state, but not through the mail where there is a clear and traceable point of origin. Figures..

-Dave
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  #15  
Old 05-09-2006, 11:09 AM
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Does an interstate mail-order sale occur inside California (subject to the 50-year rule) or outside California (not subject to the 50-year rule)? Lacking any case law to answer this question, I would have to assume that only personal interpretations apply.
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Old 05-09-2006, 9:16 PM
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Quote:
Originally Posted by M. D. Van Norman
Does an interstate mail-order sale occur inside California (subject to the 50-year rule) or outside California (not subject to the 50-year rule)? Lacking any case law to answer this question, I would have to assume that only personal interpretations apply.
CalDOJ is of the opinion that out of state mail-order sales take place inside California. I think they base this on the fact that out of state mail order sales are subject to sales tax (use tax) in California, not in the state the item comes from.

Quote:
Originally Posted by MRex21
I thought they were illegal in California because of the grenade launcher?
Some companies either remove the grenade launcher or cover it with a welded on sleave to make it non-functional so they can sell the M59/66 in California. You would think that this would remove the C&R status of the rifle because it is no longer in original military configuration. But BATFE seems to be letting the distributors do it. I guess they didn't want to be seen as punishing people for destroying grenade launchers. It might not look good in the press.

And the M59 doesn't have a grenade launcher, so it is OK to own in California without modification.
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Old 05-10-2006, 2:33 AM
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I saw one GL at the Costa Mesa show that mae me do a double-take. It has the last GL ring enlarged so a 22mm grenade will not fit. Otherwise, it's a dead ringer for the real deal. I need to find one of these!

-Dave
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  #18  
Old 05-10-2006, 10:15 PM
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Quote:
Originally Posted by Amendment II
CalDOJ is of the opinion that out of state mail-order sales take place inside California. I think they base this on the fact that out of state mail order sales are subject to sales tax (use tax) in California, not in the state the item comes from.
California would like to collect use taxes on all taxable items purchased in other states for use here. The question remains to be the legality of the transaction itself, rather than its tax-exempt status or lack thereof.

Has anyone ever been prosecuted for taking delivery of a C&R rifle less than 50 years old?
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Old 05-10-2006, 10:29 PM
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Quote:
Originally Posted by M. D. Van Norman
The question remains to be the legality of the transaction itself, rather than its tax-exempt status or lack thereof.
I wasn't trying to imply that DOJ cared about if we pay tax on the transaction. Just that they use the precident of the sales tax issue to establish that the transaction is really taking place in California. By not charging you sales tax, the out of state seller is admitting that the transaction is not taking place in their state. So DOJ could easily make that case that the transaction must be taking place in California.

That is, they could easily make the case if they tried to make the case. But I don't know if they ever have tried to enforce this. I know of two California C&R FFL's who accidently received C&R handguns directly from a big out of state distributor. They both had copies of their C&R FFL's on file with the distributor, but then sent in copies of their local dealers' FFL's to purchase these handguns. The distributor then shipped the handguns directly to the C&R FFL's instead of the dealers. Both of these collectors notified CalDOJ and asked what to do. In both cases, CalDOJ told them just to mail in the Form 4100 with payment to register the handguns and to make sure they never let it happen again.
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Old 05-11-2006, 7:33 AM
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Quote:
Originally Posted by tygerpaw
Which two distributors will?
Most gun shows I have been too have SKS's for sale from dealers...Cash and carry.

-ken

Last edited by kenc9; 05-11-2006 at 7:49 AM..
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  #21  
Old 05-11-2006, 9:07 AM
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Quote:
Originally Posted by Amendment II
I wasn’t trying to imply that DOJ cared about if we pay tax on the transaction. Just that they use the precident of the sales tax issue to establish that the transaction is really taking place in California.…
However, the tax in question is a use tax. Since the transaction does not, in fact, take place in California, the state has no authority to collect sales tax.

The more I think about this, the more I am convinced that the law favors the FFL-03 holder.
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