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Legality of SKS copy with detachable magazine???

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  • J.D.Allen
    Senior Member
    • Jul 2010
    • 2340

    Legality of SKS copy with detachable magazine???

    Someone posted a while back in the center fire rifle forum that since most SKS clones don't actually say SKS anywhere on them, they are not considered named on the banned list (which says SKS with detachable magazine) and therefore would fall under the same requirements as an OLL AR or AK.

    I examined a couple of Russian models though and didn't see "SKS" stamped or engraved anywhere on them either. Does anyone know for sure if for example a Yugo 59/66 with detachable mag would be considered banned by make and model?
  • #2
    Kauf
    Member
    • Apr 2011
    • 459

    I have a Russian and noticed it doesn't say SKS on there either. I'd love to hear an answer to this
    WTB M2 Ball .30-06

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    • #3
      CitaDeL
      Calguns Addict
      • May 2007
      • 5843

      Or perhaps an SKS 'pattern' rifle, were there any market for such a thing...



      Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

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      • #4
        bwiese
        I need a LIFE!!
        • Oct 2005
        • 27616

        Practical guide: most SKSes are likely gonna be SKSes... Russian and Chinese.

        Formal names/models used in Fed law/importation could be helpful (or not)

        There could be useful defenses in lack of labelling but I prefer more affirmative status to clearly stay on safe side of Harrott.


        A gun like a Yugo M59 or M59/66 is indeed not an SKS, as even the CA DOJ BOF says it's a Zastava Arms M59... carbine.

        I believe the Albanian SKS had a model number/mfgr of some kind that would pull it out of true "SKS" categorization too, but don't count on that.
        [This may also apply to the E. German and N. Korean ones as well but those are hardly if ever found in USA.]

        For now I would safely assume ONLY the Yugo M59/66 is NOT an SKS and not 'game' others based on missing marks.


        Remember aside from all CA law, 922(r) still applies.

        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.

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        • #5
          phrogg111
          Senior Member
          • Jan 2012
          • 750

          The ban on "rifle grenade launchers" and the bulletin that lists the banned versions of the SKS list a "Zastava SKS", and not a Yugoslavian SKS. Nowhere is Zastava actually printed on my SKS that I could find, either, but after looking at some really old papers I got with the rifle, that was, in fact, the factory that it came from.

          Realistically, the model is still SKS, but that's an acronym for the russian words for it... I wouldn't risk putting a detachable magazine on your SKS, especially if it's Russian.

          Now, if you machined your receiver yourself, you'd be fine. I don't think you've done that, though.
          Hunting is a loophole in the 2nd Amendment to the Bill of Rights.

          There is no privilege to keep and bear arms.

          Arms are for killing people. All other uses of an arm are illegitimate uses.

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          • #6
            automatikdonn
            Member
            • Jan 2011
            • 248

            SKS rifles with a detachable mag must comply with the same laws that an AR rifles must... it shoots a centerfire round, so if it has a detachable mag, then it cannot have any other evil features...PERIOD, the law applies to centerfire rifle without discrimination as to the flavor of such rifle.
            "No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government"

            -- Thomas Jefferson, 1 Thomas Jefferson Papers, 334
            sigpic

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            • #7
              Mesa Tactical
              Senior Member
              • Oct 2004
              • 1746

              Originally posted by automatikdonn
              SKS rifles with a detachable mag must comply with the same laws that an AR rifles must... it shoots a centerfire round, so if it has a detachable mag, then it cannot have any other evil features...PERIOD, the law applies to centerfire rifle without discrimination as to the flavor of such rifle.
              Except for this crucial part of the Penal Code:

              12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
              (a) All of the following specified rifles:
              . . .
              (11) SKS with detachable magazine.

              SKS doesn't even need any evil features to be an assault weapon, just a detachable magazine (in contrast to, say, a Mini-14).

              Problem with the handwaving about what is and isn't an SKS is that there is little doubt your Yugo SKS was advertised by Turner's as an SKS and it says "SKS" on the 4473 and sales invoice. So if a prosecutor wanted to prove your Yugo is indeed an SKS, he would have plenty of documentation at his disposal to make his case.
              Lucy at www.mesatactical.com

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              • #8
                taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                Originally posted by Mesa Tactical
                Except for this crucial part of the Penal Code:

                12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
                (a) All of the following specified rifles:
                . . .
                (11) SKS with detachable magazine.

                SKS doesn't even need any evil features to be an assault weapon, just a detachable magazine (in contrast to, say, a Mini-14).

                Problem with the handwaving about what is and isn't an SKS is that there is little doubt your Yugo SKS was advertised by Turner's as an SKS and it says "SKS" on the 4473 and sales invoice. So if a prosecutor wanted to prove your Yugo is indeed an SKS, he would have plenty of documentation at his disposal to make his case.
                So FFLs are now misrepresenting what the firearm is?

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                • #9
                  Mesa Tactical
                  Senior Member
                  • Oct 2004
                  • 1746

                  Originally posted by taperxz
                  So FFLs are now misrepresenting what the firearm is?
                  Look at your paperwork.
                  Lucy at www.mesatactical.com

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                  • #10
                    taperxz
                    I need a LIFE!!
                    • Feb 2010
                    • 19395

                    I don't own a Yugo, but DOJ certainly identifies the Yugo as a zestava.

                    Comment

                    • #11
                      J.D.Allen
                      Senior Member
                      • Jul 2010
                      • 2340

                      Originally posted by bwiese


                      A gun like a Yugo M59 or M59/66 is indeed not an SKS, as even the CA DOJ BOF says it's a Zastava Arms M59... carbine.


                      For now I would safely assume ONLY the Yugo M59/66 is NOT an SKS and not 'game' others based on missing marks.
                      Thanks Bill, this is enough for me.

                      Comment

                      • #12
                        Johnnyfres
                        Senior Member
                        • Feb 2012
                        • 836

                        Originally posted by Mesa Tactical
                        Except for this crucial part of the Penal Code:

                        12276. As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:
                        (a) All of the following specified rifles:
                        . . .
                        (11) SKS with detachable magazine.

                        SKS doesn't even need any evil features to be an assault weapon, just a detachable magazine (in contrast to, say, a Mini-14).
                        THIS^^^^^^^^^

                        Any SKS with a detachable magazine is Illegal.
                        Firearms successfully returned by the CA Department of Justice. Probation expires October 2014.



                        A free people ought not only to be armed, but disciplined. ~George Washington


                        Sign and fight - Defend our right to bear arms

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                        • #13
                          J.D.Allen
                          Senior Member
                          • Jul 2010
                          • 2340

                          Originally posted by Mesa Tactical

                          Problem with the handwaving about what is and isn't an SKS is that there is little doubt your Yugo SKS was advertised by Turner's as an SKS and it says "SKS" on the 4473 and sales invoice. So if a prosecutor wanted to prove your Yugo is indeed an SKS, he would have plenty of documentation at his disposal to make his case.
                          Except I didn't purchase this rifle at Turner's. I bought it at a consignment dealer in AZ that didn't advertise it at all. I have no idea what he put on the 4473 or invoice. I don't have copies of either one. As a resident of AZ I can do whatever I want to the damn thing. I just want to make sure that I can bring it to CA without having to put the fixed mag back on.

                          Besides I think that what the DOJ classifies it as would be controlling over a newspaper ad or inaccurate entry by the dealer on some forms...

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                          • #14
                            J.D.Allen
                            Senior Member
                            • Jul 2010
                            • 2340

                            This is disturbing though...

                            Zastava SKS Carbines 59/66 are considered destructive devices in California and therefore may not be purchased, possessed, imported, or kept for sale without a permit. These weapons were incorporated into the Yugoslavian Army in 1966 and are constructed with grenade launchers on them. The factory brochure claims that the grenade launcher launches a 22 mm (approximately .80 caliber) grenade. Based on the information in the factory brochure, this grenade launcher is a destructive device as defined in California Penal Code section 16460. Possession of such a device can be a felony.


                            I don't know if things have changed recently, but this memo says the 59/66 is a destructive device. It doesn't mention anything about the grenade launcher being removed, just says that the Zastava SKS carbine 59/66 is illegal.

                            Also, it seems every time the Yugo is mentioned it is referred to as the "Zastava SKS carbine". I can't find anything that states it is not an SKS. Anybody have any recent info to the contrary?

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                            • #15
                              dantodd
                              Calguns Addict
                              • Aug 2009
                              • 9360

                              Originally posted by J.D.Allen
                              This is disturbing though...

                              Zastava SKS Carbines 59/66 are considered destructive devices in California and therefore may not be purchased, possessed, imported, or kept for sale without a permit. These weapons were incorporated into the Yugoslavian Army in 1966 and are constructed with grenade launchers on them. The factory brochure claims that the grenade launcher launches a 22 mm (approximately .80 caliber) grenade. Based on the information in the factory brochure, this grenade launcher is a destructive device as defined in California Penal Code section 16460. Possession of such a device can be a felony.


                              I don't know if things have changed recently, but this memo says the 59/66 is a destructive device. It doesn't mention anything about the grenade launcher being removed, just says that the Zastava SKS carbine 59/66 is illegal.

                              Also, it seems every time the Yugo is mentioned it is referred to as the "Zastava SKS carbine". I can't find anything that states it is not an SKS. Anybody have any recent info to the contrary?
                              If you read the documentation that you linked to it is clear the reason the rifle shown is considered a DD is the grenade launcher. If that is removed/welded etc. you should be good to go. Sadly, in CA having a legal rifle can still get you arrested.
                              Coyote Point Armory
                              341 Beach Road
                              Burlingame CA 94010
                              650-315-2210
                              http://CoyotePointArmory.com

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