ATF letters

[7.62x39]

922r countable parts

[7.62x39]

It is NOT a countable part.

[7.62x39]

Letter on what makes a receiver a machine gun


Dear Mr. XXXXXXXX:

This refers to your letter of July 27, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you posed several questions. In general, you requested clarification regarding the classification of Hungarian AMD-63 and AMD-65 selective-fire rifle parts sets, as well as information regarding the manufacture of semiautomatic copies of these firearms.

As you know, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the term “machinegun” as follows:

…any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Further, with respect to your inquiry regarding the classification of the forward grip of the AMD-63 or AMD-65 based on 27 CFR § 478.39 (formerly 178.39), you should be aware that this is an integral part of the forearm, and, consequently would serve as the “forearm” as listed in 478.39(c)(1 7).

Concerning the manufacture of a semiautomatic copy of the AMD-63 or AMD-65 selective-fire rifle, this is possible only if the receiver is redesigned and incapable of accommodating the original fire control components. Further, the firearm must be designed to operate from the closed-bolt position. The redesigned receiver may be manufactured from new material or from the remnants of properly destroyed receivers. Proper destruction entails the diagonal torch cutting of the receiver in three critical locations. Each cut must displace at least ¼ inch of material.

We should add that prior to utilizing sections of a destroyed receiver, the features that make it capable of firing automatically—the machinegun sear pin hole and the slotted right receiver rail must be removed.
Also, for your information, a nonlicensee may manufacture a semiautomatic rifle for his or her own personal use. As long as the firearm remains in the custody of the person who manufactured it, the firearm need not be marked with a serial number or name and location of the manufacturer. However, if the firearm is transferred to another party at some point in the future, the firearm must be marked in accordance with the provisions set forth in 27 CFR § 478.92 (formerly 178.92).

Finally, a licensed collector may acquire, hold, or dispose of firearms classified as “curios or relics” as that term is defined in 27 CFR 478.11 (formerly 178.11). The collector’s license does not authorize the holder to manufacture a firearm for commercial resale.

For further details on issues related to your inquiry, please refer to the enclosed ATF publication, Federal Firearms Regulations Reference Guide 2000 (ATF P 5300.4). The text of 27 CFR 478.41(d) (formerly 178.41) appears on page 53; that of 27 CFR 478.93 (formerly 178.93), on page 58.

We thank you for your inquiry and trust that the foregoing has been responsive.

Sincerely yours,

Sterling Nixon

[7.62x39]

SKS and 922r.



Thank you for visiting ATF's Website. I apologize for the delay in responding,
but our FTB was backlogged with inquiries.

As stated on our site, generally, we do not answer technical questions via
e-mail, but I contacted our Firearms Technology Branch (FTB) and was advised the
following:

"Modifications to Imported SKS and AK Type Rifles

ATF's Firearms Technology Branch (FTB) received many letters asking about the
legality of making modifications to imported semi-automatic rifles and shotguns.

The Gun Control Act of 1968 (GCA), 18 U.S.C. Section 922®, specifically states
the following:

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 Section 925(d)(3)...as not being
particularly suitable for or readily adaptable to sporting purposes...
Also, 27 C.F.R. Section 478.39 (formerly 178.39) states-

"...(a) No person shall assemble a semiautomatic rifle or any shotgun using more
than 10 of the imported parts listed in paragraph © 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 purpose.....


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.

© 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, ability to accept a
bayonet, flash suppressors, bipods, grenade launchers, and night sights. The
exception for this criteria is curios and relics in their original military
configuration i.e. the Yugoslavian SKS 59/66. Yugoslavian SKS 59/66 rifles can
be modified by removing offending features (as in the State of California) but
not adding features.

Determinations regarding the suitability for sporting purposes are made on a
case-by-case base and often will require review by the Firearms Technology
Branch. Rifles that are prohibited from importations include:

1. Semiautomatic versions of machineguns
2. Rifles chambered to accept a centerfire cartridge case having a length of
2.25 inches or less (includes .223 and 7.62 X 39); AND
3. Rifles that have the ability to accept a detachable large capacity magazine
originally designed and produced for a military assault rifle or be easily
modified to accept such a magazine with only minor adjustments to the rifle.

Non-sporting features may be removed from SKS and AK type rifles without
violating 922®, i.e. bayonet, bayonet lug, bipod, grenade launcher, flash
suppressor, and night sight. Any additions to SKS and AK type rifles would
make them nonsporting firearms that would be in violation of 922®. These
additions include: replacing the thumbhole stock with a pistol grip and
military style stock and/or modifying the firearm to accept a high capacity
magazine.

In order to modify SKS or AK type rifles and avoid any violations of 922®, you
will have to replace the foreign parts, except for 10, with U.S.-made parts. As
previously stated, no more than 10 of the above 20 foreign parts can be
installed after the modification.

You can remove the Night Sights, Grenade Launcher, Grenade Launcher
Sight, Bayonet, and Bayonet lug without repercussion as removal of items has no
bearing under Federal law."

Your proposal makes the following changes:

(1) Frames, receivers, receiver
castings, forgings, or castings.
(2) Barrels.
(3) Barrel extensions. None on SKS
(4) Mounting blocks (trunnions). None on SKS
(5) Muzzle attachments. Removed
(6) Bolts.
(7) Bolt carriers.
(8) Operating rods. None on SKS
(9) Gas pistons. Replaced with US part
(10) Trigger housings.
(11) Triggers.
(12) Hammers.
(13) Sears.
(14) Disconnectors.
(15) Buttstocks. Replaced with US part
(16) Pistol grips. None on SKS
(17) Forearms, handguards. Replaced with US part
(18) Magazine bodies. Replaced with US part
(19) Followers. Replaced with US part
(20) Floor plates. Replaced with US part

The resulting firearm would have items 1, 2, 6, 7, 10, 11, 12, 13, and 14

Since the proposed rifle would only have 9 imported parts, the modifications
would be legal under Federal law."

If you have any further questions, please call them on 304-260-1700.

[7.62x39]

Re-welded receiver