MAK 90 vs. MAK 90 SPORTER

[Old Gunner]

Long time visitor, first time poster. I've read through the forums here for several years and I have learned much. One thing I have learned is that MAK90's are banned by name here in California. They are on the evil list, and there is nothing anyone can do about that now. The bummer is they are a great rifle, perhaps the best of the AK family of semis out there; chrome barrel, quality construction, and very accurate. No more dangerous than the AK's and AR's that are legal.

I have an opportunity to acquire a MAK90 SPORTER from out of state. Now, unlike many MAK90 Sporters I have seen and shot over the years; this one has "MAK90 SPORTER" stamped into the receiver not MAK90 stamped with Sporter engraved next to it.

Here is a photo of the receiver:
MAK90-Stamped-Sporter-11.jpg

Since the CA ban list only lists what IS banned, and "MAK90 SPORTER" isn't on the list, am I OK to acquire this fine rifle? I figure this one being stamped couldn't/wouldn't be confused for a regular MAK90 (as if someone took a hand engraver to in an attempt to make it legal.)

Anyone here who really knows their stuff and can properly advise me on this? I'd like to bring this home, but I have dual citizenship and can leave it in the state where I purchase. I'm just here much more than there lately!

[Jayruta]

Don't bring it. The majority of the opinions your going to hear is it is banned. Just because it says sporter in either stamped or electropencil doesn't mean anything. The importers tried to add sporter to differentiate the two but either way it says MAK90 on it.

Why play semantics with the law. Unless you are willing to put up $$$ in your defense to create case law. I would just stay away from it all together. I am currently rebuilding my chinese mak90 into a proper type 56 chinese ak with a military style receiver and proper fsb and folding bayonet.

[Darryl Licht]

Hmmmm... If it isn't specifically/explicitly listed, it's legal... right?

To prove my point: on the ban list next to Colt AR15 it says (all)... which would include ALL variants of that rifle, and thereby exclude none.

Looking at Appendix C, in the Norinco section it shows the following:

Norinco: 81 S (all)
Norinco: 86 (all)
Norinco: AK-47 (all)
Norinco: Hunter Rifle
Norinco: MAK 90
Norinco: NHM 90, 90-2, 91 Sport

It does not say (all) next to MAK90, which following the logic of the (all) next to other "bad" guns implies a "Sporter" is not included, and therefore legal.
Provided you put a BB on it, and obey all the other laws.
HOWEVER... I am not a lawyer and cannot guarantee my legal analysis at all!

Do any mods or attorneys here know if this has been tested in any court?

I am currently rebuilding my chinese mak90 into a proper type 56 chinese ak with a military style receiver and proper fsb and folding bayonet.

So you cut up your MAK90 and are rebuilding as a kit with a new flat, or?

[Jayruta]

Darryl Licht, you are correct with your analysis of the lists. However It has not been tested in courts. And I highly doubt the op will find an ffl willing to touch that out of state transfer. While you analysis is correct I personally would not touch that with the proverbial "10 foot pole." Unless I had tons of money set aside for lawyer fees when I get popped for an illegal assault weapon.



As for the parts kit. I recently bought a mak90 parts kit and am rebuilding it on a 80% receiver which has all the correct dimension and chinese selector markings.

[tileguy]

i would think its legal. i dont see any defferance in this or the ARs that are off list like the RRA or the colts or the DPMS not marked panther. i would buy it and bring it in. most DAs and LEOs are now familiar with OLLs just carry a list in you gear bag to show that it is off list. some LEOs will only look to see if it has a bullet button so make sure you have that and 10rd mags or go featureless

[ke6guj]

this is unknown area and would take case law to confirm one way or another.

why is a restamped MAK90 Sporter considered to be listed under MAK90, but HK911 (a restamped HK91) is not considered to be a listed HK91, nor is a SAPM10 (a restamped M10) not considered to be a listed M10?

[Jayruta]

What it all boils down to is how comfortable are you making your case? All you need is one misinformed LEO to throw you in jail and get all your guns confiscated while they sort out the case law in court.

You may be right you may be wrong, but you will be in jail with all your guns confiscated (which is another nightmare to deal with).

If your that willing individual who's down for all of that, well by all means go for it. And if you win and it is ruled an OLL* then CA gun owners will thank you for the case law and the opening to maybe attack those banned list.

The way I see it is, with the odds stacked against you here in CA why put yourself at such an elevated risk for the words "sporter".

Chinese ak kit are out there, its easier to just rebuild it. Hell there are us made chinese front trunnion now. If anyone has a kit missing the front trunnion let me know I will buy it off you.

[brianm767]

Not banned by name, but also not challanged in the courts yet. Depends on if your willing to possibly be the guy to have to defend it, and also good luck finding an FFL who will transfer it.

My son had to arrest a guy with a MAK-90 "Sporter" by his SGT's orders, he stayed in Jail for a week or so, till the DA decided to not press charges, even though he also had evil features, and no BB.

The guy was sweating two Felonies and $125,000 in bail till the DA decided to let him go. I dont want to be that guy, do you?

[gun toting monkeyboy]

If it isn't listed on the ban list it is legal. But as the others have noted, that may not stop you from getting a ride from the police. If you are willing to risk it, and you can find an FFL to bring it in, go for it. Just realize that there may be issues down the road for you.

[hellayella]

better not to risk it, get in in a parts kit

[tileguy]

there is nothing stopping uninformed LEOs from giving us a ride for any OLL or bullet buttoned AR just like some forest service leos are confiscating legally configured ARs stuff happens. the mak90 sporter is not listed so keep it legally configured and enjoy. i would get it.

[Librarian]

Darryl Licht, you are correct with your analysis of the lists. However It has not been tested in courts. And I highly doubt the op will find an ffl willing to touch that out of state transfer. While you analysis is correct I personally would not touch that with the proverbial "10 foot pole." Unless I had tons of money set aside for lawyer fees when I get popped for an illegal assault weapon.

I concur that that analysis seems correct, and I agree with Jayruta: just skip the Sporter unless you want to be the test case.

A quick look suggests prices for the Mak 90 Sporter are are in the $700-800 range. Legal costs to defend possession of one would be a whole lot more.

[Marcus von W.]

What Jayruta said.

The jails and prisons are full of people who did nothing illegal, were falsely arrested by ignorant and/or evil cops, and prosecuted and imprisoned by ignorant or/or evil district attorneys and judges. I've been falsely arrested myself, and I've stood there in the courtroom and watched other folks who had done no wrong take a 2 year vacation courtesy of being falsely arrested and ending up in front of a stupid and hateful judge.

Like someone once said "It's a court matter. Law, legality, right and wrong, justice, and fairness have nothing to do with it."

Or like an ignorant/evil cop once told me when I (a 3rd year law student) politely informed him of the relevant law on a subject: "Don't tell me what the law is. I've been a cop for 7 years. I AM the law, and the law is what I say it is."

[tileguy]

can someone tell me why a LE6920 banned on list but a SP6920 not on list is ok and everyone accepts it but no one wants to touch a mak90 sporter not on list.

[Darryl Licht]

Not banned by name, but also not challanged in the courts yet. Depends on if your willing to possibly be the guy to have to defend it, and also good luck finding an FFL who will transfer it.

My son had to arrest a guy with a MAK-90 "Sporter" by his SGT's orders, he stayed in Jail for a week or so, till the DA decided to not press charges, even though he also had evil features, and no BB.

The guy was sweating two Felonies and $125,000 in bail till the DA decided to let him go. I dont want to be that guy, do you?

OP said this...

I'd like to bring this home, but I have dual citizenship and can leave it in the state where I purchase.

So I'm guessing his dual is in a free state, and he'd be transporting into Cali? Old???

As others have tried to point out... I wont go into the it isn't fair that this rifle is legal and that one isn't... our politicians at work here.
Why is any Colt AR illegal by name, but I can walk into any LGS and buy a CA Legal AR built by any of a dozen other manufacturers???
And if I were a resident of AZ, I could walk into that LGS and walk out the same day with my new baby!
Anyone with half a brain knows that CA gun laws are a bunch of FUD wrapped in a cozy warm liberal blanket. All the current gun laws in Cali will do is make law abiding gun owners into criminals, while the criminals continue to buy/sell/steal any gun they want!

If you have any questions about laws or politicians, feel free to refer to my sig below!