SKS Assault Weapon?

[Guest]

The assault weapon case I am working on has a SKS rifle among them. The fixed magazine can take 11 rounds of 7.62X39mm cartridges. The California Penal Code specified:

12276.1(a)(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds: is an assault weapon.

With 11 rounds loaded in the magazine, the rifle functioned perfectly without a problem.

So, taking 11 rounds in the fixed magazine an assault weapon? In strict sense, Yes. Is the rifle originally designed to take 11 rounds? No. Maybe it is a weak spring or some other reason it takes the extra round. The rifle was not modified at all, but should I classify it as an assault weapon?

How about your rifles? Do they take 10 rounds with a little room but don't take 11th round? or do they take full 11 rounds? If it takes 11th round, do you have an assault weapon? I am throwing this at you for something to think about.

[biscuitninja]

Fixed Mag milsurps here... no, no they don't. I guess you could jam in 11 rounds in a 10 rounder fixed mag... but most of them don't really function properly.
-bix

[Jonathan Doe]

Just to clarify the rifle I was working on, it took the 11th round just like any other previous rounds and there were still some wiggle room after 11th. Most other rifles I checked took just 10 rounds, this one was rather strange. No make/ model stamp anywhere, just C.A.I import stamp. I will check more SKS rifles from the collection and check out the magazine when I go back to work.

[69Mach1]

I've heard that Chinese and Yugo SKSs will accept an 11th round. I'm told that DOJ knows this. You cannot close the bolt with 11 rounds in the mag. It will stip the 11th round and chamber it leaving 10 in the mag, but the fact still remains, the mag will take 11 rounds. Super glue or weld a metal plate at the bottom of the magazine to limit the followers movement. Is someone being prosecuted for it? These same Yugo's were sold by Turners BTW.

[69Mach1]

Oh, and do not answer here if it does. Just fix it or replace with a tapco unit.

[AJAX22]

It is technically an assault weapon....

It is a common problem among the chinese SKS's...

the milled trigger assembly/internal guns like the russians and the yugo's don't have that problem.... you can swap a mag assembly from one of them into it and it should fix the problem

[bohoki]

you can simulate a large capacity with any sks buy releasing the rear catch and hold it tight as you load in 12

[CSACANNONEER]

Yep, I hate to say it but, I feel that technically, it could be an AW. Or, it could be considered "broken" since it was not intentionally designed nor altered to take more than 10 rounds. This is one time when I want to go with the spirit of the law and ignore the letter of the law. I guess it would be similar to a SA going FA due to a part failing. But, if the owner was aware of the fact and did not repair the gun, then, I might see it differently. I'd sure hate to be convicted of an unregistered AW when I had bought the gun from a reputable shop and never bothered to check the mag capacity. I guess I know what I've got to do tonight.

[Dr Rockso]

You cannot close the bolt with 11 rounds in the mag. It will stip the 11th round and chamber it leaving 10 in the mag, but the fact still remains, the mag will take 11 rounds.

I've heard of that before. I guess it would still technically be an AW, but it wasn't designed or modified to be that way. Sounds like it just has a malfunctioning 10 round mag to me.

[Jonathan Doe]

Just to let you all know, I finished the report on the rifle today along with other rifles. One AR rifle had the screw removed from the Prince 50 device, the AK had some filing to attempt a full auto fire. No good. I have been doing most of the assault weapon cases lately at my office. I think the intension plays a major role in most crimes.

But in the case of SKS, it was factory as is and I didn't see the intent.

[leitung]

Spirit of the law says no, letter of the law says yes.. I wouldn't put 11 in the mag for CYA reasons.

[CSACANNONEER]

Just to let you all know, I finished the report on the rifle today along with other rifles. One AR rifle had the screw removed from the Prince 50 device, the AK had some filing to attempt a full auto fire. No good. I have been doing most of the assault weapon cases lately at my office. I think the intension plays a major role in most crimes.

But in the case of SKS, it was factory as is and I didn't see the intent.

Glad to hear your "findings" and glad to hear that it should not make a difference in this case. I hope the moron who maufactured the AWs gets the time he deserves. It's people doing stupid things like this who give the rest of us a bad name.

[psssniper]

I have a friend who is new to the gun culture. I have drilled the basics into him about BB's MMG's mag capacities etc. He recently bought an SKS and after taking it shooting told me that it held 11 rounds. I pivoted the mag open and bent the arm thingy up, problem solved. Now ten rounds fits tight and eleven is a no go. Most likely the gun just came that way and their was no intent on anyones part.