what makes my sks an assualt rifle

[cbrown]

I went to the range a long while back and this guy told me my sks was an assault rifle
it had a tapco pistol grip, collapsible stock, bannana clip and the stock bayonet, he said because it had 3 added peice (stock, grip, and clip) it broke the assault weapons ban.

is this ture?

[pinecone70]

Depends largely on state laws, from what I understand. In my state, they have to have a certain number of characteristics to be in the 'assault rifle' category, and therefore the owner needs a license for them.

[marcodelat]

what makes my SKS an assault rifle?

Ignorance... and of course, the Media.

[LurpyGeek]

Man, you don't know how big a topic that question brings up...

First of all, assault weapon and assault rifle are not equal terms.

An assault rifle is:
1) an individual shoulder-fired military weapon
2) chambered in an intermediate caliber
3) fed by a detachable magazine
4) that is also select-fire (semi-auto, burst, full-auto, etc).

Since your SKS is not select fire and most do not have a detachable magazine (it sounds like yours may have that feature), it is not an "assault rifle." Neither is a common AR-15 variant or semi-auto Kalashnikov.

Assault weapon is a term created by politicians to encompass more firearms and vilify them. An assault weapon is semi-automatic, accepts detachable magazines and has at least two of the following characteristics:

1) folding or adjustable stock
2) pistol grip
3) bayonet or bayonet mount
4) flash suppressor or threads to accept one
5) grenade launcher
6) barrel shroud (also known as "the shoulder thing that goes up")

With the features that you described, yes, your SKS would have fallen under the 1994 Assault Weapons Ban. However, that ban expired in 2004 and the political environment was such that it was not reinstated. It also was shown to have very little effect on crime rates and basically only had an impact on the legal selling of scary looking firearms (see EBR below), mainly outlining cosmetic features

Some states have chosen to continue the same rules as the 1994 ban.

Many people fear another ban being legislated. If another ban is passed some day, it likely will not resemble the past ban in the slightest, but will be much more restrictive and probably including regulation of ammunition.

Most firearms owners choose not to use the term "assault rifle" or "assault weapon" due to them being loaded phrases and carrying a lot of political baggage. Others have embraced the terms either to try to take them from the politicians who use them in a negative way, or to look macho. If you really look at the terms, a baseball bat or a hammer can be an assault weapon.

Other people propose terms such as Sport Utility Rifle, Civilian Sporting Rifle, Civilian Defense Rifle, Evil Black Rifle (EBR), etc.

Personally, I call my XCR Bam Bam and it has never assaulted anyone.

[GunHugger]

If you have not changed it to a detachable magazine it is NOT an assualt weapon. A fixed magazine rifle can have any of those other evil things.

[marcodelat]

Originally Posted by LurpyGeek

If you really look at the terms, a baseball bat or a hammer can be an assault weapon.

Or a ROCK:

Assault Rock with Grip (Pre CroMag 00.1 - Circa 40,080 BC) :

Differed from the common "Legal Rock" in that it was attached to a "grip thingie" which facilitated wielding of the implement.

A deadlier variation of the weapon, the "Tacti-Rock" presented an easily detachable rock which could be hurled for a great distance - up to 200 "Giant Mammoth Steps" - by its wielder.

In 40,059 BC, as a result of the infamous 40,060 BC "Cave Bashing", these weapons came under scrutiny and eventually their availability was regulated and only active hunters were permitted possession of or to barter for these.

Bartering for, fabrication and transfer of these weapons amongst aforementioned hunters became strictly regulated and supervised by Clan Chiefs and could only be done through a holder of a CWL (Cave Weapons License) and only during the yearly Spring Tribal Gathering.

Use and possession of these weapons was further restricted to "out of cave only" by the Inter Tribal CroMag 00.1 ordinance, circa 40,057 BC.

This eliminated the heretofore often overlooked "Winter Cave Bartering Loophole" where before these weapons had often ended up in hands of non-hunters.

Resulting from continued cave violence, measures to properly oversee and control the searching, finding, modifying ("chipping" or "lapping") and bartering of [all] rocks were deemed necessary for the future of cave children.

Thus, in 40,050 BC, commencing with the passing of CroMag 00.2 a number of "Rock Control" measures began to be proposed and promoted by the "League for the Advancement of The Associated Tribes Aim". (LATATA) Many, though by far not all, of the measures proposed were passed and put into local tribal law.

Eventually, possession of any tool equipped with - or even designed with capability of - attachment to a "grip thingie" came listed under the total ban of 40,000 BC CroMag 3001.9

Possession and use of the "Legal Rock" also became regulated and strictly controlled by the "All Tribe-Council" at this time.


So you see... there's nothing really "new" about "Assault" weapons and legalities... and CONTROL!

[rentalguy1]

From Survivor's SKS Boards
http://www.victorinc.com/SKS-FAQ.html#_Toc167103927


Just what happened on July 6, 1989?

For the full story you have to go to the 2005 Federal Firearms Regulations Reference Guide. However, on that date the Secretary of the Treasury used the authority delegated to him by Congress under Title 18 USC § 925(d)(3) to restricted the import of “non-sporting” firearms.

Just what features would restrict an SKS Carbine from import since 1989 is not clear. 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.

For additional information you can study the Full text of the ATF's 1989 Report or the full text of the ATF's 1998 report.

Remember that Title 18 USC § 922(r) made it illegal to build any firearm prohibited from importation under Title 18 USC § 925(d)(3). This includes modifying your imported SKS Carbine to be “identical” to one that is prohibited.

Can I replace parts on my “pre-ban” rifle?

Yes, but only with like parts. The following is directly from the ATF-346:

The comment was made that ATF should allow the replacement of broken or defective parts in any rifle or shotgun which had been legally imported into or assembled in the United States. Pursuant to this comment, the regulation has been revised to allow the replacement of damaged or defective parts on firearms which were lawfully imported into the United States or which were lawfully assembled prior to November 30, 1990, the effective date of section 922(r). For example, the regulation will allow for the replacement of a broken stock or pistol grip on a damaged semiautomatic AK-47 which was legally imported into or legally assembled in the United States. Further, a defective fixed shoulder stock of an SKS type rifle which was lawfully imported as a sporting firearm could lawfully be replaced with a fixed shoulder stock. On the other hand, the shoulder stock could not be replaced with a folding stock since the assembly of the SKS rifle with a folding stock would result in a firearm which would be nonimportable.

[questor]

Originally Posted by cbrown

I went to the range a long while back and this guy told me my sks was an assault rifle
it had a tapco pistol grip, collapsible stock, bannana clip and the stock bayonet, he said because it had 3 added peice (stock, grip, and clip) it broke the assault weapons ban.

is this ture?

As previously stated it is illegal under the Federal 1994 Crime Bill.

http://www.recguns.com/Sources/IIG4.html

[LurpyGeek]

Originally Posted by questor

As previously stated it is illegal under the Federal 1994 Crime Bill.

http://www.recguns.com/Sources/IIG4.html

was

[questor]

check out this URL, scroll down to state laws and select your state.



http://www.nraila.org/GunLaws/

[cbrown]

thanks guys!