*DISCLAIMER*
The below information is only intended to provide informal advice, NOT professional counsel. The author and website DO NOT claim that the below information is fully accurate and encompasses all aspects of the law. Professional legal counsel should be sought prior to any activities that have the potential to violate the law.
What's up with 922r?
922r is the common abbreviation for US code, Title 18 Chapter 44 Section 922(r), and is a familiar term among shooters who build or modify semi-automatic foreign firearms. In a nutshell, 922r says that no "non-sporting" (military or military-style) foreign guns may be easily imported. Although you can buy and sell, you cannot modify foreign, semi-automatic, military-style guns (or manufacture them from foreign parts) if the modifications are to add military-style parts like flash hiders and high-capacity magazines. However, you are allowed to build or modify a military-style firearm if its made in the USA. You can't modify military firearm "XYZ" if it was made in Russia, but you can modify military firearm "XYZ" if it was made in the USA, and you can always buy or sell unmodified guns at will (as long as they are not restricted for other reasons, such as being a machine gun). However, 922r makes is very difficult for foreign, military-style guns to be imported in the first place.
So, let's look at a military surplus Yugoslavian SKS, which is a semi-automatic rifle. At one point in time, the Yugoslavian military used the SKS. So, a semi-automatic, foreign-made, military firearm. It's legal buy, illegal to modify, right?
Correct! As an aside, note that while the SKS is a Russian design, you cannot buy a Russian SKS because Russia agreed not to flood the US market with cheap semi-automatic guns (see VRA). However, SKSs from various Soviet satellite countries (Yugoslavia, Albania, and Bulgaria) are all up for grabs.
However, what you can't do is put a high capacity magazine in that Yugo/Albani/Bulgari SKS. If you do, you've got yourself a modified, semi-automatic, foreign, military-style gun, and you just violated 922r. So why does a quick internet search turn up a several companies selling high capacity magazines for the SKS?
Well, we just covered the straightforward part. Now things get complicated.
It turns out, you can modify a foreign, military, semi-automatic firearm. If you absolutely need to make a modification or upgrade, there is a way to legally circumvent 922r. Simply replace enough parts of the firearm with parts that were manufactured in the USA, and the firearm will legally be considered "made in the USA" and no longer subject to the restrictions of 922r.
So that's the basics, but there are a few more things you need to know:
So, let's look at a military surplus Yugoslavian SKS, which is a semi-automatic rifle. At one point in time, the Yugoslavian military used the SKS. So, a semi-automatic, foreign-made, military firearm. It's legal buy, illegal to modify, right?
Correct! As an aside, note that while the SKS is a Russian design, you cannot buy a Russian SKS because Russia agreed not to flood the US market with cheap semi-automatic guns (see VRA). However, SKSs from various Soviet satellite countries (Yugoslavia, Albania, and Bulgaria) are all up for grabs.
However, what you can't do is put a high capacity magazine in that Yugo/Albani/Bulgari SKS. If you do, you've got yourself a modified, semi-automatic, foreign, military-style gun, and you just violated 922r. So why does a quick internet search turn up a several companies selling high capacity magazines for the SKS?
Well, we just covered the straightforward part. Now things get complicated.
It turns out, you can modify a foreign, military, semi-automatic firearm. If you absolutely need to make a modification or upgrade, there is a way to legally circumvent 922r. Simply replace enough parts of the firearm with parts that were manufactured in the USA, and the firearm will legally be considered "made in the USA" and no longer subject to the restrictions of 922r.
So that's the basics, but there are a few more things you need to know:
(1)
922r only applies to semi-automatic weapons. If you want to modify a Mauser 98 or a Mosin-Nagant, go nuts; there are no rules as long as you don't run afoul of other firearms restrictions (caliber limits, minimum OAL, etc).
922r only applies to semi-automatic weapons. If you want to modify a Mauser 98 or a Mosin-Nagant, go nuts; there are no rules as long as you don't run afoul of other firearms restrictions (caliber limits, minimum OAL, etc).
(2)
Adding USA-sourced parts to a gun, like adding a pistol grip to a Saiga, does not count towards 922r. The key word is "replace", you must replace foreign-made parts with USA-made parts.
Adding USA-sourced parts to a gun, like adding a pistol grip to a Saiga, does not count towards 922r. The key word is "replace", you must replace foreign-made parts with USA-made parts.
(3)
You do not decide what is a "part" is, the ATF does. The ATF publishes lists of what counts as a part on a firearm-by-firearm basis, and only by replacing parts on the list can you reduce your foreign parts count. See the Tech and Upgrades for parts lists of certain firearms.
You do not decide what is a "part" is, the ATF does. The ATF publishes lists of what counts as a part on a firearm-by-firearm basis, and only by replacing parts on the list can you reduce your foreign parts count. See the Tech and Upgrades for parts lists of certain firearms.
(4)
If you add a part that isn't USA-made (like adding a Russian-made flash hider to a rifle with a bare muzzle) you've actually increased the foreign parts count and will need to replace an additional foreign part elsewhere to get the parts count down to legal limits.
If you add a part that isn't USA-made (like adding a Russian-made flash hider to a rifle with a bare muzzle) you've actually increased the foreign parts count and will need to replace an additional foreign part elsewhere to get the parts count down to legal limits.
(5)
If your replacement parts do not say "Made in USA" or something similar, you can't prove you've reduced the parts count to legal limits. Make sure your replacement parts somehow indicate where they were made (almost all do, for just this reason).
If your replacement parts do not say "Made in USA" or something similar, you can't prove you've reduced the parts count to legal limits. Make sure your replacement parts somehow indicate where they were made (almost all do, for just this reason).
(6)
Take everything you hear with a grain of salt, including this article. I am comfortable enough with my understanding of the law to modify my weapons, but at the end of the day, I'm not a lawyer, I'm not responsible, and it's your ass in a sling if you do something wrong. Read the laws yourself and make your own call.
Take everything you hear with a grain of salt, including this article. I am comfortable enough with my understanding of the law to modify my weapons, but at the end of the day, I'm not a lawyer, I'm not responsible, and it's your ass in a sling if you do something wrong. Read the laws yourself and make your own call.
Check out the Tech and Upgrades section for more detailed information on 922r compliance with specific firearms.
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