pre-ban or post-pan SKS??????
Back in 1993 I bought a Chinese SKS. I want to put a folding stock on it but I can't find out if this gun is a post or pre-ban. I contacted the BATF and they told me to look for a import marking under the barell but there is none. On the left side of the receiver it has chinese writing and behind that it has "SKS 7.62x39 MADE IN CHINA BY NORINCO POLY USA ATL GA" near the front of the receiver there is a triangle stamped into it with what looks like a arrow in the middle. All of the numbers match, it came with a spike bayonet, no muzzle brake of any kind, chrome lined barrel, 10 rnd internal mag. and also a 30 rnd detachable mag. If this is a post-ban wouldn't the 30rnd mag. be illegal? The BATF was obviously no help and neither was contacting Norinco. Any body have any ideas, or should I assume it is a post-ban and look at buying a yugo sks.
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The terms "pre-ban" and "post-ban" don't apply to the SKS, as they were imported. None of them are defined by BATF as "semi-automatic assault weapons". The telephone advice you got from BATF was not accurate, or possibly your question was misunderstood.
It's physically possible to install a folding stocking and detachable magazine on many rifles, including the SKS. This would be considered "manufacturing" a semi-automatic assault weapon, which is, as I am sure you know, a violation of Federal law. It would also be a waste of money, as neither the folding stocks nor the detachable mags work well on the SKS.
Why would you look at a Yugo SKS? Your Chinese SKS is never going to become a rare collectible; shoot it and enjoy it. Forget about modifying it.
Neal0 -
The laws pertaining to this question are quite a mess to sort through. I went to a "definitive" website which I can't seem to locate anymore. It stated something along the lines that a folding stock is legal to install if the magazine is a fixed magazine. I am about to acquire an SKS myself. I have handled SKS's with folding stocks and they seemed to work just fine. What if the folding stock was installed BEFORE the ban? Wouldn't that be grandfathered? If the rifle was manufactured prior to the ban then wouldn't it be pre-ban and grandfathered as well? Considering that SKS importation records are shoddy at best, it would be a difficult case to prove against you in a court of law. 0 -
If the rifle was modified before the ban, it is legal. Now, wether the burden of proof rests upon you or the ATF is something I can't answer. I would say that if you had receipts for both the stock and magazines and SKS itself, that were all dated before the ban, that would be legitimate proof that your rifle is legally modified, (according to the verbage).
The SKS is probably the most asked about semi-auto rifle that there is, because as idsman75 stated, they were all made before 1994, and if they were imported prior, "logic" would dictate that it is grandfathered. As many times as I have asked an actual ATF agent, or researched this topic, I have NEVER gotten the same answer. It is a grey area at best.
However, I have learned one thing, nmeyers is very versed in the firearms laws and his responses are not to be taken lightly.
A great rifle with a junk scope,....is junk.0 -
Pre-ban or post-ban Chinese SKS's are a tricky proposition. The 1989 ban did not affect the standard SKS, only the SKS that took an AK mag and had the standard stock and bayonet. The standard Chinese SKS was later affected by a health bill in November of 1990. Legislation was attached to a health bill while no one was looking. That legislation dealt with the legalities of bayonets, detachable mags and folding stocks on Chinese SKS's. Later, bayonets were allowed on Russian, Romanian, Yugoslav, and Albanian SKS's. They were given a C&R status that the Chinese were not.
In this area, the ATF and/or any other agencies can't be of much help, they don't know a whole lot about this stuff. The Chinese SKS's were imported by several importers and were also made in several plants in China. At one point it was found that there had been Chinese SKS's imported at different times with the exact same serial number. This was due to there being more than one Norinco plant, there were duplicate numbers coming from different plants over there. A letter code was added to the serial number sequence (as they got imported) to distinguish one from the other. Anyway, there is no real way at this point to tell exactly when your gun was imported since most of the importers from that time no longer exist and the ATF and Customs don't want to go through the hassle of looking it up (or may not even have the data readily available). Unfortunately on the Chinese SKS it doesn't have anything to do with its year of manufacture, rather the "pre-post" status is based on when it was imported. Without the ability to know that, you are somewhat out in the breeze.
A factor that most people do not consider when dealing with SKS from China is the fact that the majority of all the Chinese SKS's came into the country after March 1989. Why?? Some may ask. Simple. SKS's were not as cheap in the 1980's as the became in the 1990's. The gun had a given popularity yes, but it didn't become ridiculously cheap until the later years of its importation. It was only then that the vast numbers of the gun were imported. Don't get me wrong, there were lots of them that got sold before the passing of the November 1990 bill, but of the total imported from China, 75-90% came in between 1989 and 1994.
At one point prior to 1989, the Chinese SKS was only $70-100 less than the Chinese AK. The AK came with 3-30rd mags, bayonet and scabbard, sling, oil, oil bottle, etc... everthing except ammo. So for the small difference in price, people bought the AK. When the Ak was no longer available after March 1989, the importers increased the number of SKS's imported to compensate. Which in turn reduced their per unit cost. Between the reduced availability of the AK, the increased price of the AK, the increased availability of the SKS, and the reduced price of the SKS... That is when the majority of the SKS's were imported, bought, and sold.
So the chances of your's being a technical "Pre-Ban" is slim, but on the other hand who is going to be able to easily prove that it isn't. The problem is, if there ever were a problem or question about its legality, it will probably fall on you to prove that it IS a pre-ban, not on them to prove that it isn't. So from a technicality stand point can your Chinese SKS have a folding stock, detachable mag, or bayonet? ... probably not. Is there anyone that cares? Yes. Are they going to go after you? Maybe. Could it cause you undo stress and hardship? Yes. If you added a folding stock or detachable mag now is it illegal? Yes. Is anyone every going to call you on it? Good question.0
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