Folding Stock on SKS Paratrooper - Legal?

D

DougB

New member
Okay, I've searched this forum, as well as several dedicated SKS forums, and I can't find any consistent answer. The trouble is that everyone who wants to add a folding stock also wants to use detachable magazines, etc. I don't. I just want to add a folding stock to my Chinese Paratrooper SKS. I'll leave the original fixed 10-round magazine as is. I don't have or want a bayonet, flash hider, or any other evil feature. I just want a compact, inexpensive, but reasonably powerful rifle to take camping, carry on an ATV, etc. Oh ya, I live in California. But I think California's assault weapon law only applies to rifles with detachable magazines. So, can I?

Doug
 
So nobody knows if it's legal to put a folding stock on a fixed mag Chinese SKS? I figured this would be an easy one, but maybe not.

Doug
 
I have been watching this thread and hoping to learn something as well. I looked at the CA DOJ site and the part that would concern me is that any centerfire rifle with an overall length of less than 30" is an assault rifle ... does your folding stock fold to less than 30"? I'm considering a full sized SKS with a folder and I'm not sure about the final length, but I'd imagine that you have to be over 30" with it in the shortest configuration to be CA safe. The one thing that seems certain is that the SKS laws in CA are nothing simple!

Saands
 
Well, I don't know the answer to your question. However, I will say this ... when laws are confusing (no coincidence ...), they confuse many LEO's as well. That tends to lead to mistaken arrests, and lawyers and judges trying to sort things out.

Frankly, even if you find this is kosher, is it worth the brain damage from a potential bad bust in CA?

Good luck, and please don't take offense ... your question simply reminds me of a few other brain teasers I've seen.

Regards from AZ
 
Guys,

Below is a very detailed response to this question posted by a guy called "REDSTAR" in the SKS forum on AK-47.net:

"Here is the problem Doug. You're merging the evil features test for semi automatic ASSAULT rifles with sec 922(r) which deals with the assembly of semiautomatic rifles (note, rifles, not assault rifles). Although the no more than 10 imported parts assembly rules apply to semiauto assault rifles as well, the reason why it would be illegal to put a folder on an SKS is because it is illegal to assemble any rifle that is prohibited from importation under s925d3, which is the sporting purposes test. This test bans rifles from importation if they have only one evil military feature, detachable mag or not. The folder you want to put on the rifle would automatically put it in a configuration that is not importable (because of the folder, and bayo lug if it had one).

The only way to configure an SKS with a folding stock would be to only have 10 imported parts on the rifle which is impossible because there are 16 or 17 parts of the SKS that are on the list and few if any of them are US made.

I know this is confusing so I'll try to summarize:

1) The 1989 ban does not apply in this particular case.
2) The disqualifyer is s925d3 which disallows importation of non sporting rifles ( military features).
3) There's no way to use s922(r) to your advantage because there is no source for all the US parts you would need.

You may question what about Romanian and Russian SKS's that are importable. Nope you can't do them either becuase they have to be imported in original military configuration. Those are governed under another section of the law.

A heads up. The ATF uses your specific example to show how a violation of s922(r) can occur, so they're well aware of all the folders for sale out there! To see it, go to the ATF web site, pull up the 2000 Fed Firearms Reg Ref Guide under "publications" and look at page 125 third column, start of the first new paragraph."

REDSTAR also posted some additional information in subsequent posts, so if you are really interested in this issue, check AK-47.net.

Doug
 
Chinese and Bayonets

I'm still trying to get a definitive answer about whether or not it's legal to put a bayonet on a Chinese SKS that most likely came with one!


Check Six.
 
I was wondering about the Chinese version myself. Just two days ago I had mine out shooting it and the question came up about the bayonet. I had removed mine just to be safe, but still wonder,legal or not?
 
This was a problem years ago. You will need to check with Ed Owen at the BATF Technical Branch in Washington, D.C. I believe that it is illegal to add a folding stock to an SKS. The reason is that the SKS with folding stocks was banned from import by Bush executive order in 1989. BATF did not rule on it until Sep or Nov of 1990. So unless the SKS was imported prior to some date in 1990 it cannot legally have a folding stock as it would have created a non-importable rifle. The sec 922r does not apply to the SKS because for a firearm to be covered by the Brady Anti Crime Act of 1994 it must be a semiautomatic and have a detachable box magazine. Again, it has been awhile, check with BATF, BUT NOT your local office.
 
BATF has records for all imported firearms via the Customs Service and are fully aware of they importation date for all manufacturers from all countries for all SKS's. If they don't have it, you have a smuggled rifle. Either way the stock cannot be added now since that would be creating a non-importable firearm.
 
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