Author Topic: 922(r) Primer  (Read 11752 times)

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LESchwartz

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922(r) Primer
« on: January 01, 2013, 03:18:41 PM »
OK, let's get started:  922(r) covers the act of assembling a non-importable rifle from imported parts.

First is the "assembly" part:  If you haven't messed with the rifle since it was purchased, you should be fine.  In fact you're fine even when you purchase a non-compliant rifle from someone else.  However, as you might imagine some folks are nervous about owning such a rifle.  In the past, ATF has said that having a sales receipt or bill-of-sale that lists the specific configuration would be good enough proof (as always, YMMV).

Second, is the "non-importable" part:  ATF has determined that SKS rifles with certain "non-sporting" features (such as telescoping or folding stocks, bayonets, grenade launcher / threaded muzzle, detachable magazines, etc.) are not importable commercially.  (Note that this list of features is not quite identical to the features in the typical "assault weapons ban".)  Thus adding those features to an already imported SKS rifle is prohibited.  But what if you really want one of those features on your rifle?  That's where the next part comes in.

Finally, is the "from imported parts" piece of the puzzle:  ATF realized that many rifles made by US manufacturers contain some imported parts (screws, springs, etc).  So they made up a list of 20 parts that are "counted".  If more than 10 of those parts in a particular rifle are imported, the rifle is said to be made from imported parts.  However, most rifles don't even come close to having all 20 parts from ATF's list.  For example, the Russian SKS only has 14 of the parts from that list -- replace 4 counted parts with US-made parts and your entire SKS is no longer made from "imported parts".  Yugo SKS have 15 counted parts -- you will need to swap out five.  Note:  The number of US-made parts doesn't matter, it's the number of countable imported parts that remain that's important.  So just adding US-made parts, doesn't help you.

How C&R plays in #1:  C&R rifles are allowed to have bayonets and grenade launchers (in the case of Yugos), but only when in their original military configuration. For example:  If you install a synthetic hunting-style (aka: Monti Carlo) stock on your Yugo SKS, your rifle losses its C&R status and becomes subject to 922(r).  You now have two "non-sporting" features:  The Grenade launcher / muzzle threads and the bayonet.  You have two choices to become compliant:  1) You can remove the GL & bayonet and solder / weld on a muzzle brake or "thread protector", or 2) swap out additional parts (FCG, magazine, gas piston, and GL are among the most common choices), until your rifle has 10-or-less imported parts from the list.

How C&R plays in #2:  C&R rifles are allowed to have bayonets and grenade launchers (in the case of Yugos), but only when in their original military configuration. For example:  If you install a telescoping stock (like the one in the advert on the top of the page) on your Yugo SKS, your rifle losses its C&R status and becomes subject to 922(r).  You now have four "non-sporting" features:  The telescoping stock, pistol grip, grenade launcher / muzzle threads and the bayonet.  You only really have one choices to become compliant:  Swap out additional parts (FCG, magazine, gas piston, and GL are among the most common choices), until your rifle has 10-or-less imported parts from the list.

And as always, YMMV . . . If you have additional questions, post them here.

Larry

PS:  If you would like more information, click on the link in my signature.
« Last Edit: May 19, 2019, 10:33:22 AM by LESchwartz »
"The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubts."--Bertrand Russell

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LESchwartz

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Re: 922(r) Primer
« Reply #1 on: June 27, 2014, 01:44:12 PM »
Quote from: SKS FAQ
Just what features would restrict an SKS Carbine from import is not clear, since ATF judges different rifles differently. However, the ATF web site contains a link to the 1998 Study Determination list of eight military features that could cause a semiautomatic rifle to be classified as “non-sporting” (prohibited from importation in ATF terms):

1.    Ability to accept a large capacity magazine [see explanation of “detachable large capacity magazines”]

2.    Folding/telescoping stocks

3.    Separate pistol grips [see explanation of pistol grips and thumbhole stocks]

4.    Ability to accept a bayonet (bayonet mount) [see explanation of bayonets.]

5.    Flash suppressors

6.    Bipods [see explanation of bipods]

7.    Grenade launchers

8.    Night sights

This is not to say that a particular rifle having one or more of the listed features should necessarily be classified as “non-sporting”. Indeed, many traditional sporting firearms are semiautomatic or have detachable magazines. Thus, ATF has stated that these criteria must be viewed in total to determine whether the overall configuration places the rifle fairly within the semiautomatic assault rifle category.

Because this “restricted feature” list is not found in either law or regulation, the features that could restrict an SKS Carbine from import are not fixed. ATF could decide to allow certain features on particular configuration, while prohibiting them on others. The only way to know if a particular configuration is legal for importation is to ask. Don’t be shy! ATF has said that they will provide a “determination” to anyone who requests one. If there is any doubt, you should write ATF.

Much of the posting in this forum over the last 10 or so years has been to try to determine exactly which of the restricted features trigger 922(r) on an SKS.  However, this list should give you a good starting point.

Larry

PS:  If you would like more information, click on the link in my signature.
"The whole problem with the world is that fools and fanatics are always so certain of themselves, and wiser people so full of doubts."--Bertrand Russell

For more information see my SKS FAQ:  https://victorinc.com/SKS-FAQ.html