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Can a Yugoslavian M59/66 be CA legal with a detachable 10 round magazine?

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  • Cobrafreak
    Senior Member
    • Oct 2008
    • 1335

    Can a Yugoslavian M59/66 be CA legal with a detachable 10 round magazine?

    I have a Yugoslavian M59/66 that may look like an SKS but is not actually an SKS. It is featureless. I would like to have the freedom to use detachable 10 round magazines on this rifle as shown in the picture. Currently it is a fixed 10 rounder and fed with stripper clips.
    It's 922(r) compliant with enough U.S. parts on it to qualify it as a U.S. Rifle, so I'm compliant in this department.
    The law reads that "SKS rifles with detachable magazines are assault weapons" I don't know if this applies to any SKS "type" rifles or just to actual SKS's. Here is the picture.
    It is clearly featureless. No pistol grips, flash suppressors, folding/collapsable stock, etc. It fits the criteria for a CA legal detachable magazine rifle such as an M1A would be. I do know that Yugoslavian M59/66's do not say "SKS" anywhere on the rifle. I have done a search on this site and people have said "yes, it's legal because it meets the standards of CA interpretation of an assault weapon". I have also read people say that I would have to "explain this to a judge"? So bottom line. #1, does a Yugoslavian M59/66 have an off-list ability to use a detachable 10 round magazine legally in CA if it is a featureless build and 922(r) compliant? I don't want to get in trouble with the law. Thanks.
    Last edited by Cobrafreak; 06-01-2009, 10:56 AM.
  • #2
    chsk9
    Senior Member
    • Dec 2006
    • 1355

    Originally posted by Cobrafreak
    I have a Yugoslavian M59/66 that may look like an SKS but is not actually an SKS. It is featureless. I would like to have the freedom to use detachable 10 round magazines on this rifle as shown in the picture. Currently it is a fixed 10 rounder and fed with stripper clips.
    It's 762(r) compliant with enough U.S. parts on it to qualify it as a U.S. Rifle, so I'm compliant in this department.
    The law reads that "SKS rifles with detachable magazines are assault weapons" I don't know if this applies to any SKS "type" rifles or just to actual SKS's. Here is the picture.
    It is clearly featureless. No pistol grips, flash suppressors, folding/collapsable stock, etc. It fits the criteria for a CA legal detachable magazine rifle such as an M1A would be. I do know that Yugoslavian M59/66's do not say "SKS" anywhere on the rifle. I have done a search on this site and people have said "yes, it's legal because it meets the standards of CA interpretation of an assault weapon". I have also read people say that I would have to "explain this to a judge"? So bottom line. #1, does a Yugoslavian M59/66 have an off-list ability to use a detachable 10 round magazine legally in CA if it is a featureless build and 762(r) compliant? I don't want to get in trouble with the law. Thanks.
    Interesting idea- how about a letter to the DOJ for clarification?

    Comment

    • #3
      Rukus
      Senior Member
      • Jan 2009
      • 2387

      I think you're a little confused. While there may be a 762(r) law somewhere on the books, it has nothing to do with parts compliance. The law you are thinking of is 922(r).

      IMO if it doesn't say SKS on your rifle its not an SKS and thus, legal. Just like how my lancaster doesn't say AK or AK47 and thus legal.

      YMMV.
      MY AR Profile #1

      Comment

      • #4
        Cobrafreak
        Senior Member
        • Oct 2008
        • 1335

        Yep, I meant to say 922(r), thanks for the correction.

        Comment

        • #5
          Futurecollector
          I need a LIFE!!
          • Oct 2008
          • 11557

          There has been a lot of discussion on this topic, although the leter of the law would be a yes, since the rifle does not have "SKS" on it anywhere, I think it would land the person in a jail for a lil time and then after lawyers where involved it would all get cleared up, (hopefully) bottom line, I think its not worth it.
          None of my posts are serious or real, nothing I post is legal advice.

          Originally posted by SanDiego619
          I am a complete idiot

          Comment

          • #6
            bwiese
            I need a LIFE!!
            • Oct 2005
            • 27621

            The rifle under discussion is formally known as a Zastava Arms M59/66 carbine.

            • Nowhere is its make/model an "SKS" other than colloquial terminology.

            • For banned "SKS with detachable magazine" to include this non-SKS implies
              that SKS is used as a series. "Series" can't be added to the law, and even if
              it were, individual subseries members would have to be formally identified in
              regulatory code (like the Kasler list for AR/AK formally-identified banned
              'series' members).

            • But, there can be no listing of new/additional AWs due to AB2728!

            • You are free to add a detachable magazine to such a rifle since it does not make
              it an AW (no evil features) - esp as you seem to have followed 922(r) 'key domestic
              parts content' and thus no longer have a "foreign nonsporting rifle".

            • Be verbally prepared to recite the above if LEO doesn't understand.

            • The SKS rifle is certainly one item that can bring down the Roberti-Roos list. I'd love for
              CGF to handle an SKS case, but prosecutors will flee case (drop charges) faster than we
              can advance. (This is typical of our AW cases )

            Bill Wiese
            San Jose, CA

            CGF Board Member / NRA Benefactor Life Member / CRPA life member
            sigpic
            No postings of mine here, unless otherwise specifically noted, are
            to be construed as formal or informal positions of the Calguns.Net
            ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
            employer. No posts of mine on Calguns are to be construed as
            legal advice, which can only be given by a lawyer.

            Comment

            • #7
              ThemBastards
              Senior Member
              • Mar 2011
              • 1741

              So is this still the consensus?
              "These surplus guns are cool not because they go Pew, but because where and when they have Pew'd"

              http://howtomakeeverything.com/CD3WD/INDEX.HTM
              http://gun-deals.com/ammo.php?caliber=7.62x39
              http://www.amazon.com/?_encoding=UTF...reative=390957

              Comment

              • #8
                bigthaiboy
                Veteran Member
                • Apr 2007
                • 4795

                My honest opinion is that most aftermarket detachable magazines for the SKS suck, so potentially you are compromising the reliability of the SKS. Unless you can find a mag that feeds reliability, the cons start outweighing the pros for having a detachable magazine SKS.

                Life can make you do many things, even kiss a man with a runny nose.

                Comment

                • #9
                  Full Clip
                  I need a LIFE!!
                  • Dec 2006
                  • 10260

                  Originally posted by bigthaiboy
                  My honest opinion is that most aftermarket detachable magazines for the SKS suck, so potentially you are compromising the reliability of the SKS. Unless you can find a mag that feeds reliability, the cons start outweighing the pros for having a detachable magazine SKS.

                  This, absolutely.
                  Learn to use stripper clips and you'll be happier with your rifle.

                  Comment

                  • #10
                    MrPlink
                    I need a LIFE!!
                    • Mar 2010
                    • 12532

                    Originally posted by bwiese
                    • The SKS rifle is certainly one item that can bring down the Roberti-Roos list. I'd love for
                      CGF to handle an SKS case, but prosecutors will flee case (drop charges) faster than we
                      can advance. (This is typical of our AW cases )
                    oooh, interesting. I see where you going with that and I never considered it.
                    I need to hang out in 2A more and pay attention



                    Originally posted by chsk9
                    Interesting idea- how about a letter to the DOJ for clarification?
                    while we are waiting for that response lets solve once and for all the Kennedy assassination
                    Last edited by MrPlink; 04-11-2012, 6:33 PM.
                    The California Moderate Centrist Militia member in exile

                    disclaimer:
                    everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal advice

                    Comment

                    • #11
                      ThemBastards
                      Senior Member
                      • Mar 2011
                      • 1741

                      More interested in 30 rounders than detachable 10s.. I don't have this weapon yet, but I like to know the options.
                      "These surplus guns are cool not because they go Pew, but because where and when they have Pew'd"

                      http://howtomakeeverything.com/CD3WD/INDEX.HTM
                      http://gun-deals.com/ammo.php?caliber=7.62x39
                      http://www.amazon.com/?_encoding=UTF...reative=390957

                      Comment

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