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  • apocalypsesrt
    Junior Member
    • Jun 2008
    • 13

    SKS legal question

    Where does the line for federal 922r and California penal code 12276.1 start and stop for my SKS?
    I am interested in changing my stock on my SKS to the tapco which has a "pistol grip and collapsible stock". according to 922r i will be fine provided i have no more the 10 foreign parts on the gun. But 12276.1 in California says an assault weapon has pistol grip and collapsible stock and is the devil .

    I know some guys have done this and are under the influence of this being legal. But how?

    The way that i read it as being legal is that my gun is an SKS with a fixed magazine. That describes it so the stock, grip, etc dont pertain? see section 12276 then read the first line of 12276.1 "notwithstanding in 12276" meaning not described above right? Im so confused.. the links are below.

    Tapco t6


    922r


    12276.1


  • #2
    Mossy Man
    Calguns Addict
    • Jun 2011
    • 7641

    comply with 922

    after that, put anything you want on it for the most part as long as it still has a 10-round fixed magazine and is over 30"

    Comment

    • #3
      apocalypsesrt
      Junior Member
      • Jun 2008
      • 13

      Thanks for the reply, Thats good word of mouth but wording or law says that and covers my butt?

      Comment

      • #4
        paul0660
        In Memoriam
        • Jul 2007
        • 15669

        Originally posted by apocalypsesrt
        Thanks for the reply, Thats good word of mouth but wording or law says that and covers my butt?

        There isn't any. If you still have the fixed 10 rd mag, the rest of the prohibitions do not apply to you.

        Some people do worry about 922r.
        *REMOVE THIS PART BEFORE POSTING*

        Comment

        • #5
          Mossy Man
          Calguns Addict
          • Jun 2011
          • 7641

          Effective January 1, 2000, Senate Bill 23, Statutes of 1999, established new criteria for defining assault weapons based on generic characteristics. This bill allowed and required persons who owned/possessed firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill added Penal Code Section 12276.1 to the Penal Code as follows.



          12276.1 (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:

          A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:
          A pistol grip that protrudes conspicuously beneath the action of the weapon.
          A thumbhole stock.
          A folding or telescoping stock.
          A grenade launcher or flare launcher.
          A flash suppressor.
          A forward pistol grip.
          A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
          A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

          See bolded.

          You don't have a semiautomatic, centerfire rifle that can accept a detachable magazine.
          You don't have a semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
          You don't have a semiautomatic, centerfire rifle that is less than 30 inches.

          Comment

          • #6
            apocalypsesrt
            Junior Member
            • Jun 2008
            • 13

            Does placing the collapsible stock and pistol grip put me in the red? Thanks for being so helpful guys. To be completely honest i was unable to get the pin out of my hand-guard to switch the the railed version so i took it to the gunsmith and he raised the red flag stating it was adding a telescoping stock and pistol grip.

            I then asked him how an AR-15 is allotted to have those? He stated they have another provision for AR's? Sounds like he is confused.

            Comment

            • #7
              Mossy Man
              Calguns Addict
              • Jun 2011
              • 7641

              if you put a collapsible stock on your SKS, you must comply with federal 922r.

              it does not alter it's CA status as a legal rifle unless it makes it's OAL <30", or if you reconfigure it to use a detachable magazine.

              The guy you talked to at the LGS was misinformed.
              Last edited by Mossy Man; 10-31-2012, 9:14 PM.

              Comment

              • #8
                Mossy Man
                Calguns Addict
                • Jun 2011
                • 7641

                make sure to be in compliance with 922r. Tapco parts are very good at this in AKs. here's their take on 922r:



                in regards to CA compliance, try using this tool

                Comment

                • #9
                  apocalypsesrt
                  Junior Member
                  • Jun 2008
                  • 13

                  Originally posted by Mossy Man
                  make sure to be in compliance with 922r. Tapco parts are very good at this in AKs. here's their take on 922r:



                  in regards to CA compliance, try using this tool

                  http://calnra.com/cgi-bin/flowchart.cgi
                  Mossy your the man. Now i have the ammo to come back at this guy. Although i might just have to go to a better gunsmith either way. Anyone know of any guys that are decent in the San Diego area? I need them to do AK work as well because i am putting an AK muzzle brake so they should have the ability to thread a barrel with 14x1LH threads. I am also taking off the bayonet lug.

                  Comment

                  • #10
                    Bobby Ricigliano
                    Mit Gott und Mauser
                    CGN Contributor
                    • Feb 2011
                    • 17438

                    Unless the wood stock is broken or compromised, the SKS is a far better weapon with the original wood stock. Aftermarket stocks, rails, red dots, etc make the SKS look cheap and tacky.

                    Comment

                    • #11
                      apocalypsesrt
                      Junior Member
                      • Jun 2008
                      • 13

                      Originally posted by Bobby Ricigliano
                      Unless the wood stock is broken or compromised, the SKS is a far better weapon with the original wood stock. Aftermarket stocks, rails, red dots, etc make the SKS look cheap and tacky.
                      My conversion is a chinese knockoff of a norinco. The stock is not in that great of condition and i have a harder time trying to shoot the weapon and be accurate. I already had the gun lying around for free from my family and so im just updating it so i can use it and feel comfortable doing so. You would be surprised how much more comfortable it is holding it with the forward grip and rear pistol grip. It was cheaper for me then building an AR and the ammo is cheaper.

                      Comment

                      • #12
                        PEZHEAD265
                        Senior Member
                        • Feb 2010
                        • 980

                        If you put on a collaseable stock make sure it is 30 inchs or more at the shortest point.

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