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Hello all. I have been calling around to various gun stores with differing positions on the legality of the SKS rifle, while I respect that people wouldn't want to enter any murky waters with their business by buying a seemingly illegal rifle, I think that under the SAFE act it's still legal. A lot of concerns I've heard were with the bayonet it has, store owners were afraid that if the gun was semi automatic and had a bayonet it would be illegal. Can somebody give me some closure on this dilemma? The rifles in question were internal magazine variants for reference.
 

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If the rifle was made 50 years ago or more, they are considered C&R eligible and can still be purchased, but that doesn't exempt them from still having to be registered.
 

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If the gun is a semi automatic and has a detachable magazine with any of the listed items below, it is illegal to purchase after the safe act.
If you owned it prior to safe act and it has one or more of the following it has to be registered by 1/15/14
Some items could be rendered inoperable, like the bayonet mount ground off, the stock pinned etc..

Folding or telescoping stock
Thumbhole stock
Second handgrip or protruding grip that can be held by non shooting hand
Protruding Pistol Grip
Bayonet Mount
Flash suppressor
Muzzle brake
Muzzle compensator
Threaded barrel designed to accomodate a flash supressor, muzzle break
or compensator.
Grenade launcher
 

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Sks has a fixed magazine . I don't think it qualifys for the evil feature list . I'm no expert though .
This is how I understand it and a couple of my local shops confirm that.
 

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Under the definition of assault weapon, 265.00, sub 22(g) states

provided, however, that such term (AW) does not include:
(i) any rifle, shotgun or pistol that (A) is manually operated by
bolt, pump, lever or slide action; (B) has been rendered permanently
inoperable; or (C) is an antique firearm as defined in 18 U.S.C.
921(a)(16);
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;
(iii) a semiautomatic shotgun that cannot hold more than five rounds
of ammunition in a fixed or detachable magazine; or
(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof,
specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured
on October first, nineteen hundred ninety-three. The mere fact that a
weapon is not listed in Appendix A shall not be construed to mean that
such weapon is an assault weapon;
(v) any weapon validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter. Such weapons shall be subject to the
provisions of paragraph (h) of this subdivision;
(vi) any firearm, rifle, or shotgun that was manufactured at least
fifty years prior to the current date, but not including replicas
thereof that is validly registered pursuant to subdivision sixteen-a of
section 400.00 of this chapter;


If the SKS was made 50 years ago or more, it is not an assault weapon and can be purchased, but still needs to be registered IF it contains the features described under AW. Some SKS do have detachable magazines, many don't. C&R weapons can still be purchased.
 

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I bought an SKS last month and it is perfectly legaI. I even have the bayonet. You shouldn't have any trouble in Schoharie County with getting an original SKS as long as it has the fixed magazine.
 

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Any SKS can be converted to detachable mags as far as I know. I had one a few years back and did it to mine. I would figure as long as it is in it's original configuration (fixed mag, original stock) then it should be OK. Don't quote me on that but that is how I interpret it.
 

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lotta BAD info in this thread (sigh).

THE PREDICATE for any analysis under the new law is a DETACHABLE MAGAZINE. so, like a flow chart, the first question is, does the firearm have a detachable magazine? if the answer is no, THE INQUIRY IS OVER.

If yes, then one must see if it has one of the "evil features". if so, then it's a "assault weapon", and must be registered.

an exception to the above is, if the rifle is 50 years old or older, it classifies as a Curio & Relic. as such, it's exempt from the AW classification, even if it has a detachable magazine. HOWEVER, the magazine itself must be registered. there's no C&R exemption for an old magazine.

Dumb, yes? But it's the law until we hear otherwise. if you are not sure about these things, you do the forum a disservice by posting the wrong information. Not to mention, there are many threads on this exact topic already here at NYF.

Just sayin'
 

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I didn't see the part where he said it was not a detachable magazine but posting what makes a rifle an AW under the new law is not bad info imo.
 

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I bought one recently. One dealer would Not transfer it because he Said you Could put a detachable magazine in it ' he even said that The troopers told him this. I went to another dealer and he did The transfer no problem @ all
 

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THE PREDICATE for any analysis under the new law is a DETACHABLE MAGAZINE. so, like a flow chart, the first question is, does the firearm have a detachable magazine? if the answer is no, THE INQUIRY IS OVER.
This^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
 

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One of the few things clear about legality- if the rifle does not take a detatchable mag ( like the original Sks) it does not fall into the aw classification period! So anyone who tells you an Sks is not legal because it can be modified to take a detatchable mag, has a bayonet etc is giving out bad info.
being a c&r or not has nothing to do with it.
 

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One of the few things clear about legality- if the rifle does not take a detatchable mag ( like the original Sks) it does not fall into the aw classification period! So anyone who tells you an Sks is not legal because it can be modified to take a detatchable mag, has a bayonet etc is giving out bad info.
being a c&r or not has nothing to do with it.
This. /end thread.
 

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We can say this stuff till we are blue in the face but if an FFL won't sell or transfer cuz they are scared what can you do? I was just lucky that I found one that would but there are not a lot in my immediate area. Same thing with the Troopers, you can tell them it's legal but they can pretty much do whatever they want in this state, unless you have the money to fight it in court.
 

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*sigh* I'll delete what I had here .... I'm just going to nod my head and agree with the above ... the SKS is legal in it's original imported configuration.


Now ... IF anyone modifies an SKS, it's also no longer considered for C&R status so ... LEAVE IT ALONE and all will be fine. This means NO stock changes so it becomes a black gun. ...... is anyone else starting to feel racist since everything here that is black is perceived, even by law, to be bad and a danger to society?? Serious question ...
 

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We can say this stuff till we are blue in the face but if an FFL won't sell or transfer cuz they are scared what can you do? I was just lucky that I found one that would but there are not a lot in my immediate area. Same thing with the Troopers, you can tell them it's legal but they can pretty much do whatever they want in this state, unless you have the money to fight it in court.
NYSP are NOT going to, OK well the vast majority, are not going to question an SKS. It's not black, it doesn't have a pistol grip and unless YOU removed parts to make it accept mags, then there is nothing to worry about. The SKS is legal .... the owners on the other hand are starting to worry me. LOL
 

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Local news in my area was reporting a police call last week where the assilient was in possession of an SKS "Assault Rifle". Called the reporter at the station to give him a lesson in guns, he said the phrase was quoted from the actual police report.

Just saying guys, it's in "in the air" the SKS will be next and then any semi auto rifle, it's comming. Get used to it or get out of the state.
 

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We can say this stuff till we are blue in the face but if an FFL won't sell or transfer cuz they are scared what can you do?
That is nothing new and has been going on since the original ban even. Just because someone has an FFL doesn't mean they have any grasp of actual laws. Indeed sometimes it seems as though you have to have a complete ignorance of law and a degree in folklore to get a FFL...
 

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I have an official letter from the ATF stating that the SKS is not a variant of the AK, and is not an "assault" weapon according to NY law, etc.
 
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