922(r) Parts Count Info from ATF - 14 Parts!

[LESchwartz]

Bottom Line -- ATF is saying that a Chinese SKS only has 14 parts, instead of the 17 parts we imagined.  Note that the final list does not include a muzzle attachment, a second disconnector or an operating rod.

Larry

PS:  For scans of the original letter, see: Page 1, Page 2, and Page 3.  For scans of the followup response, see Follow up, Page 1.

March 2, 2007

To whom it may concern:

I currently own several fixed-magazine Chinese SKS Rifles and am contemplating various modifications. Some of the modifications contemplated are prohibited on semiautomatic rifles using more than 10 of the imported parts listed section 478.39(c). Therefore it is critical to correctly enumerate which of these parts are used in my SKS rifles.

In addition, a parts list purported to be from an ATF Field Office has recently appeared on a prominent Internet web site devoted to the SKS rifle. I am a moderator for this website, and I am concerned that this list appears to have at least one error.

I done extensive research, and have attempted to enumerate the section 478.39(c) parts found in my SKS Carbines:
 
(1) Frames, receivers, receiver castings, forgings or stampings
(2) Barrels
(6) Bolts
(7) Bolt carriers
(8) Operating rods
(9) Gas pistons
(10) Trigger housings
(11) Triggers
(12) Hammers
(13) Sears
(14) Disconnector
(15) Butt stocks
(17) Forearms, handguards
(18) Magazine bodies
(19) Followers
 
With reference to “(8) Operating rods” — The book “The Official SKS Manual” (translated by Maj. James F. Gebhardt) page 20, refers to the part in question as a “driving rod”. The book “The SKS Carbine — 2nd Ed.” (by Steve Kehaya and Joe Poyer) page 71, refers to the part in question as a “gas piston extension”. The book “The SKS—Type 45 Carbines” (by Duncan Long) also refers to this part as a “piston extension”. However, in many firearms, a metal rod that acts on the bolt carrier of a rifle and is not one in the same with the gas piston is called an “operating rod”. Thus, many vendors refer to this part of an SKS Carbine the “operating rod”. This part is omitted from the “Internet parts list” mentioned above.

With reference to “(14) Disconnector” — The book “The Official SKS Manual” (translated by Maj. James F. Gebhardt) refers to a particular part (page 20, Figure 33, part #6) as the disconnector. The book “The SKS Carbine — 2nd Ed” (by Steve Kehaya and Joe Poyer) refers to a different part (page 51, part #T6) as the disconnector. On the other hand, the book “The SKS—Type 45 Carbines” (by Duncan Long) refers to both of these parts (page 101, parts #49 & #50) as disconnectors.

In view of the foregoing, I have two very specific questions:

1.   Which of the imported parts listed section 478.39(c) are present in Chinese SKS rifles?

2.   Which part does ATF consider to be the disconnector in Chinese SKS rifles?

While it is not my desire to cause your office any unnecessary workload, given the potentially serious consequences of even inadvertent violations of Federal Firearms law, I am left with little alternative. I have been unable to locate clear answers to these questions despite extensive research. And thus, I sincerely appreciate your efforts in responding to this letter.

Sincerely,

LESchwartz

Dear LESchwartz:

This is in response to your letter of March 6, 2007, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you ask the following questions:

1.   Which of the imported parts listed in “section 478.39(c)” are present in Chinese SKS rifles?
2.   Which part does ATF consider to be the disconnector in Chinese SKS rifles?

As background, the amended Gun Control Act of 1968 (GCA), 18 U.S.C. Section 922(r), states the following:

It shall be unlawful for airy person to assemble from imported parts any semiautomatic rifle or any shotgun which is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of this chapter as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to —

(1)   the assembly of any such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof or

(2)   the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the... [U.S. Attorney General]

Also, 27 C.F.R. Section 478.39 states

“…(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.

(b)   The provisions of this section shall not apply to:

(1)   The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof or (2) The assembly of such rifle or shotgun for the purposes of testing or experimentation authorized by the Director under the provisions of [§478.151(formerly 178.151)]; or (3) The repair of any rifle or shotgun which had been imported into or assembled in the United States prior to November 30, 1990, or the replacement of any part of such firearm.

(c)   For purposes of this section, the term imported parts [tabulated below] are.


 
(1)   Frames, receivers, receiver castings, forgings, or castings.
(2)   Barrels.
(3)   Barrel extensions.
(4)   Mounting blocks (trunnions).
(5)   Muzzle attachments.
(6)   Bolts.
(7)   Bolt carriers.
(8)   Operating rods.
(9)   Gas pistons.
(10)   Trigger housings.
(11)   Triggers.
(12)   Hammers.
(13)   Sears.
(14)   Disconnectors.
(15)   Buttstocks.
(16)   Pistol grips.
(17)   Forearms, handguards.
(18)   Magazine bodies.
(19)   Followers.
(20)   Floor plates.
 


Therefore, it is a violation of 18 U.S.C. § 922(r) to assemble such a rifle or shotgun from more than 10 of the imported parts specified in 27 CFR § 478.39. However, assembly of certain semiautomatic rifles or shotguns using 10 or fewer of these imported parts is not prohibited under this section. With respect to your inquiry regarding Chinese-made SKS carbines, please note that because this firearm was manufactured in China, all the parts used to assemble the rifle are considered imported per 922(r).

Further, please note that a Chinese-made SKS carbine, in its original military configuration, consists of the following parts derived from the list presented above:

1.   Receiver.
2.   Barrel.
3.   Muzzle attachment.
4.   Bolt.
5.   Bolt carrier.
6.   Gas piston.
7.   Trigger housing.
8.   Trigger.
9.   Hammer.
10.   Sear.
11.   Disconnector.
12.   Buttstock.
13.   Forearm/handguard.
14.   Magazine body.
15.   Follower.

However, a Chinese-made SKS carbine, in its original military configuration, does not contain the following parts:

1.   Barrel extension.
2.   Mounting block (trunnion).
3.   Operating rod.
4.   Pistol grip.
5.   Floorplate.

With respect to your question regarding whether the part located in the sight assembly is an operating rod or a piston extension, FTB does not consider this part to be an operating rod. Additionally, concerning the classification of the part that aligns the trigger bar with the sear, we consider this part to be a disconnector for 922(r) purposes.

We trust the foregoing has been responsive to your request.

Sincerely yours,

Richard Vasquez
Acting Chief, Firearms Technology Branch

May 9, 2007

To whom it may concern:

This is a follow up to your May 2, 2007 letter (903050:MRC 3311/2007-453) where you respond to questions regarding the number and identity of imported parts contained in Chinese SKS Carbines. Thank you for your response, the information was most helpful. However, I have one additional question:

• Your list of parts contains a “Muzzle Attachment”. Unlike Yugoslavian SKS rifles that are equipped with grenade launchers, I am unaware of a part that would constitute a muzzle attachment on Chinese SKS carbines.
  
• With regard to Chinese made SKS carbines in original military configuration, which part are you referring to as the muzzle attachment?
  

I sincerely appreciate your efforts in responding to this letter.

LESchwartz

Dear LESchwartz:

This is in response to your letter of May 9, 2007, to the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you inquired concerning which part FTB was referencing as a “muzzle attachment” in a previously written reply (refer to #3311/2007-452).

In fact, we incorrectly listed a muzzle attachment as an original part for a Chinese SKS carbine. We apologize for any confusion this error may have caused.

We trust the foregoing has been responsive to your request for a clarification.

Sincerely yours,

Richard Vasquez
Acting Chief, Firearms Technology Branch

[LESchwartz]

Just how many of these parts are in an SKS Carbine?

Here are the relevant parts in an SKS Carbine:

1. Receiver
2. Barrel
3. Bolt
4. Bolt carrier
5. Gas piston
6. Trigger housing
7. Trigger
8. Hammer
9. Sear
10. Disconnector (see below)
11. Stock
12. Handguard
13. Magazine body
14. Follower

Note: This list has been confirmed by ATF.

Which part is the “disconnector”?

Take a look at the trigger assembly of an SKS Carbine. The book The Official SKS Manual calls the “rebound disconnector” the “disconnector”. The book The SKS Carbine calls the “bolt follower disconnector” the “disconnector”. Thus these two references cannot agree on which of these parts are disconnectors. In the other hand, the book The SKS—Type 45 Carbines refers to both of these as “disconnectors”.

According to ATF. the part that aligns the trigger bar with the sear, is considered to be the disconnector for 922(r) purposes.

Does the SKS Carbine have “floorplate”, or is it built into the magazine body on an SKS?

The “floorplate” is built into the magazine body on a standard fixed magazine SKS Carbine. Note that creating an SKS Carbine with “10-or-less” imported parts typically involves replacing the entire magazine assembly; only two imported parts are removed.

Does the SKS Carbine have “operating rod”?

The Official SKS Manual calls the part in question a “driving rod”. The SKS Carbine calls the part in question a “gas piston extension”. However, in almost all military arms, a metal rod that “acts on” the bolt or carrier of a rifle and is not one in the same with the gas piston is called an “operating rod”. Thus other call the part in question an “operating rod”.

Note that the above parts list from ATF does not include an operating rod.

How many imported parts can be replaced in an SKS Carbine?

Using commercially available parts, you can replace the following parts:

1)   Replace the stock with aftermarket US-made version.

2)   Replace the handguard with aftermarket US-made version.

3)   Replace the gas piston with a US-made version from Tapco (#SKS6602), SKSMan or SKSParts (#SKS-034).

4)   Replace the magazine with a 100% US-made magazine, including the magazine body, follower and floorplate. (Replaces two imported parts.)

5)   On Yugoslavian Type 59/66 Carbines: Remove the grenade launcher and replace it with a US-made muzzle break (foreign muzzle attachments are counted). See the FAQ’s on removing the Yugoslavian Type M59/66 grenade launcher for more info.

On a typical SKS Carbine, you will need to replace four parts. On Yugoslavian Type 59/66 Rifle, you will need to replace five parts.

These US-made parts are sometimes known as “compliance parts”, since they are used to ensure that the resulting rifle is “compliant” with Title 18 USC § 922(r).

How many imported parts can be replaced in an SKS D and SKS M?

The SKS D and SKS M utilize AK-style magazines. On these magazines, the “floorplate” is not built into the magazine body. Thus, SKS D and SKS M have an additional imported part.

In the past, there were no sources for US-made AK-style magazines or parts. However, these are now available from several manufacturers. Note that there are reports of persistent reliability issues with US-made magazine bodies. A better solution would be to add US-made AK followers and floorplates to imported magazine bodies.

[Alabama]

Wow. Top notch work, LE.
Thanks!

[BillyBang]

Wow, a clear answer from the ATF.

Good job Larry.

BB

[cvasqu03]

Excellent work LESchwartz.  I knew someday somebody with the appropriate training would be able to get a good answer from ATF.  One thing still concerns be about the disconnector issue though.  The letter says:

....Additionally, concerning the classification of the part that aligns the trigger bar with the sear, we consider this part to be a disconnector for 922(r) purposes.

OK, so that part is considered A DISCONNECTOR, but they don't specifically say that the other part is not a disconnector.  Furthermore, their use of the term "a" instead of "the" could be used to argue that they haven't excluded the other part as also being a disconnector.  You're the lawyer, so please tell me I'm wrong on this. 

[LESchwartz]

OK, so that part is considered A DISCONNECTOR, but they don't specifically say that the other part is not a disconnector.  Furthermore, their use of the term "a" instead of "the" could be used to argue that they haven't excluded the other part as also being a disconnector.  You're the lawyer, so please tell me I'm wrong on this. 

But they only listed one disconnector.

Larry

[cvasqu03]

But they only listed one disconnector.

Larry

Ahh, good point.  I guess it's as clear an answer as we're ever going to get.  I guess it also means Tapco is going to have a hard  time selling more US made Operating Rods. 

Now if you could clear up one thing for me.  I'm having a little hard time understanding their descripton of the disconnector, are they talking about the long part with the angled extension that sticks in front of the hammer, or are they talking about the smaller part that sits behind the sear and is barely visible from the outside that's sometimes called a "pressure plate"?

EDIT:  I just noticed that once you overlook the Muzzle attachment, which seems to be a typo,  we are left with only 14 parts, meaning that the detachable mag conversion can actually be done by simply replacing the stock and handguard (foreign stock, handguard, mag body, mag follower are being removed).  This also means that we're only one part away from being able to do the US parts conversion and keeping the original mag (using the US made gas piston would leave us with only one more part that is currently unavailable to replace).

[LESchwartz]

Now if you could clear up one thing for me.  I'm having a little hard time understanding their descripton of the disconnector, are they talking about the long part with the angled extension that sticks in front of the hammer, or are they talking about the smaller part that sits behind the sear and is barely visible from the outside that's sometimes called a "pressure plate"?

I'm pretty sure it's the long part.

EDIT:  I just noticed that once you overlook the Muzzle attachment, which seems to be a typo,  we are left with only 14 parts, meaning that the detachable mag conversion can actually be done by simply replacing the stock and handguard (foreign stock, handguard, mag body, mag follower are being removed).  This also means that we're only one part away from being able to do the US parts conversion and keeping the original mag (using the US made gas piston would leave us with only one more part that is currently unavailable to replace).

Folks can also get to work in earnest on SKS-D's and SKS-M's:  Stock & handguard, gas piston, follower, and floorplate (15 - 5 = 10), since the reliable feeding OE AK magazine body can be used!

Larry

[withergyld]

Larry,

Thanks for the effort to clarify this issue.  It looks like your persistence paid off.  Do you plan on posting a scanned copy of the letter??

[LESchwartz]

Larry,

Thanks for the effort to clarify this issue.  It looks like your persistence paid off.  Do you plan on posting a scanned copy of the letter??

They're already there.  Just click the links in the "PS" of the original post.

Larry

[CB3]

Remember that BATF can change its mind and therefore interpretations at any time. Even a specific prior letter could be voided by such a change. Hovering at the minimum 10 foreign parts count could suddenly turn to 11 if BATF decided the op rod is an op rod instead of not existing, or that there are two disconnectors, or . . .

At what pont does 922r become a real risk to a citizen? It ems kind of like a eat belt law for enforcement. If you have done something else real nasty and they atre looking for other charges to add, 922r would be handy. However, having an ATF agent pull over your vehicle and search for non-922r-compliant weapons is a real stretch. Even examination of your rifle at a range by ATF sems unlikely from current experience, but these possibilities and other do exist.

If experience starts to show 922r enforcement is becoming rampant, you should be able to swich back to the original parts and comply--assuming you kept all of them.

CB3

[Oldone1]

  Outstanding info! Thank you Larry for your persistance and communication abilities.
Looking forward to the "hunt" to convert my "M" to pistol grip configuration.
Exciting news

[LESchwartz]

Remember that BATF can change its mind and therefore interpretations at any time. Even a specific prior letter could be voided by such a change. Hovering at the minimum 10 foreign parts count could suddenly turn to 11 if BATF decided the op rod is an op rod instead of not existing, or that there are two disconnectors, or . . .

IIRC, the "10" part of the "10-or-less rules" would require notice in the Federal Register to change . . . it would be a big enough deal that we would all hear about it.  And while ATF could suddenly claim the SKS had an op-rod, I think it would be difficult -- since their "official determinations" carry weight in the courts.

At what pont does 922r become a real risk to a citizen? It ems kind of like a eat belt law for enforcement. If you have done something else real nasty and they atre looking for other charges to add, 922r would be handy. However, having an ATF agent pull over your vehicle and search for non-922r-compliant weapons is a real stretch. Even examination of your rifle at a range by ATF sems unlikely from current experience, but these possibilities and other do exist.

If experience starts to show 922r enforcement is becoming rampant, you should be able to swich back to the original parts and comply--assuming you kept all of them.

I know that the chances of actually getting charged with some sort of infraction are astronomically small.  But the political winds seem to be shifting, so it's best to keep on the correct side of the law in this matter.  Best to view "compliance parts" as if they were one of those cheap "legal insurance" plans.

Larry

[cvasqu03]

Once again, thanks LESchwartz.  This is a great thing you've done for the SKS community. 

I already have copies of the letters printed out on cardstock and laminated to carry around with me in my range bag.  I know I'm not alone.

[LESchwartz]

Once again, thanks LESchwartz.  This is a great thing you've done for the SKS community. 

I already have copies of the letters printed out on cardstock and laminated to carry around with me in my range bag.  I know I'm not alone.

Yeah, that can be be a good idea.  Unfortunately, some "range nazis" will never be convinced . . . * sigh *

Larry