There is alot of wrong information here about 922r and how it applies to the SKS and AK.
Here is the actual subsection from the ATF website:
http://www.atf.gov/firearms/building_a_firearm.pdf
“It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or
any shotgun which is identical to any rifle or shotgun prohibited from importation under
the…[GCA]…Section 925(d)(3)…as not being particularly suitable for or readily adaptable to
sporting purposes….”
Also, 27 C.F.R. § 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…..
2
(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.
As a result of a 1989 study by the U.S. Treasury Department regarding the importability of
certain firearms, an import ban was placed on military-style firearms. This ban included not only
military-type firearms, but also extended to firearms with certain features that were considered to
be “nonsporting.”
Among such nonsporting features were the ability to accept a detachable magazine;
folding/telescoping stocks; separate pistol grips; and the ability to accept a bayonet, flash
suppressors, bipods, grenade launchers, and night sights.
Please note that the foreign parts kits that are sold through commercial means are usually cut up
machineguns, such as Russian AK-47 types, British Sten types, etc. Generally, an acceptable
semiautomatic copy of a machinegun is one that has been significantly redesigned. The receiver
must be incapable of accepting the original fire-control components that are designed to permit
full automatic fire. The method of operation should employ a closed-bolt firing design that
incorporates an inertia-type firing pin within the bolt assembly.
3
Further, an acceptably redesigned semiautomatic copy of nonsporting firearm must be limited to
using less than 10 of the imported parts listed in 27 CFR § 478.39(c). Otherwise, it is considered
to be assembled into a nonsporting configuration per the provisions of 18 U.S.C. 925(d)(3) and is
thus a violation of § 922(r).
Here is the actual subsection from the ATF website:
http://www.atf.gov/firearms/building_a_firearm.pdf
“It shall be unlawful for any person to assemble from imported parts any semiautomatic rifle or
any shotgun which is identical to any rifle or shotgun prohibited from importation under
the…[GCA]…Section 925(d)(3)…as not being particularly suitable for or readily adaptable to
sporting purposes….”
Also, 27 C.F.R. § 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…..
2
(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.
As a result of a 1989 study by the U.S. Treasury Department regarding the importability of
certain firearms, an import ban was placed on military-style firearms. This ban included not only
military-type firearms, but also extended to firearms with certain features that were considered to
be “nonsporting.”
Among such nonsporting features were the ability to accept a detachable magazine;
folding/telescoping stocks; separate pistol grips; and the ability to accept a bayonet, flash
suppressors, bipods, grenade launchers, and night sights.
Please note that the foreign parts kits that are sold through commercial means are usually cut up
machineguns, such as Russian AK-47 types, British Sten types, etc. Generally, an acceptable
semiautomatic copy of a machinegun is one that has been significantly redesigned. The receiver
must be incapable of accepting the original fire-control components that are designed to permit
full automatic fire. The method of operation should employ a closed-bolt firing design that
incorporates an inertia-type firing pin within the bolt assembly.
3
Further, an acceptably redesigned semiautomatic copy of nonsporting firearm must be limited to
using less than 10 of the imported parts listed in 27 CFR § 478.39(c). Otherwise, it is considered
to be assembled into a nonsporting configuration per the provisions of 18 U.S.C. 925(d)(3) and is
thus a violation of § 922(r).
)
