SKS Transfer Question

[CombsForce]

Hello all, I am trying to help a buddy out. I know a guy who was asked by a neighbor if he wanted to buy an sks rifle (Russian). He wants to buy it but he is not sure if he needs to go through a transfer (DROS, etc.). He would be able to get it dirt cheap and needs to know if it falls under the C&R ppt w/o ffl paperwork. Any info would be great. Thanks!

[Steve_In_29]

Russian SKSs can be sold/transfered without FFL involvement as they are more then 50 years old.

Though I believe they "technically" have to be in original, unmodified condition to do so.

[CombsForce]

Thanks Steve! Big Help!

[Quiet]

Until 01-01-2014...
Transfer of long guns (rifles, shotguns) that are 50+ years old are exempt from needing to be transferred through a CA FFL dealer. [PC 27965]

Starting 01-01-2014, the exemption changes and is no longer valid for people who do not have a valid C&R FFL & COE. [PC 27966]




Penal Code 27965
(a) If all of the following requirements are satisfied, Section 27545 does not apply to the sale, loan, or transfer of a firearm:
(1) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(2) The firearm is not a handgun.
(3) The firearm is a curio or relic manufactured at least 50 years prior to the current date but is not a replica, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(b) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

Penal Code 27966
Commencing January 1, 2014, if all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm:
(a) The sale, loan, or transfer is infrequent, as defined in Section 16730.
(b) The firearm is not a handgun.
(c) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor.
(d) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710.
(e) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto.
(f) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the department.

[Bobby Ricigliano]

I will concur with the above posts. If the SKS is in original form it is a FTF deal, no DROS needed. 1956 was the last year of production for the Russian SKS so it is definitely old enough.

[Capybara]

Suggestion would also be to make sure that the SKS has not been modified with a removable magazine.

Make sure that both parties are California residents and that the neither is a prohibited person. Enjoy your freedom while you still can, this all goes away in 6 months.

[CSACANNONEER]

Can someone please explain how modifying a gun will make it less than 50 years old??. You guys are confusing federal C&R laws and definitions with the CA requirement that it has to be 50 years old or older.

[Mssr. Eleganté]

California law requires the long be at least 50 years old and considered C&R under federal law.

[offrdmania]

The only modifications I can think of that would make it illegal is a removable magazine, under 30 inches OAL or a barrel less than 16 inches

[CSACANNONEER]

California law requires the long be at least 50 years old and considered C&R under federal law.

AND??? ANY GUN over 50 years old is considered C&R by age. True, changing the configuration of a C&R gun can take it out of C&R status as a Curio but, I believe that it is still a C&R as a RELIC if it is over 50 years old. That is how the Federal law reads. Isn't it?

[Quiet]

AND??? ANY GUN over 50 years old is considered C&R by age. True, changing the configuration of a C&R gun can take it out of C&R status as a Curio but, I believe that it is still a C&R as a RELIC if it is over 50 years old. That is how the Federal law reads. Isn't it?

Since 08-29-1985...

Imported military surplus firearms need to stay in their original configuration in order to retain their C&R status.

ATF Ruling 85-10

In classifying firearms as curios or relics under this regulation, ATF has recognized only assembled firearms as curios or relics. Moreover, ATF’s classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics and surplus military firearms not in their original military configuration were not generally recognized as curios or relics by ATF since they were not of special interest or value as collector’s items. More specifically, they did not meet the definition of curio or relic in section 178.11 as firearms of special interest to collectors by reason of a quality other than is ordinarily associated with sporting firearms or offensive or defensive weapons. Furthermore, they did not ordinarily have monetary value as novel, rare, or bizarre firearms; nor were they generally considered curios or relics because of their association with some historical figure, period or event.