Assault rifle legality question

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I saw that a WASR-10 can not be purchased unless it is chambered in something other than 7.62 x 39. What about a mini-30? Does CT law only apply to the mini 14 in 223? I found my buddy in CT a nice preban mini 14 with a folding stock in MA. Would that be legal in CT? Does anyone have a list of common black rifles that are legal in CT? I searched, but only found bits of what I was looking for.
 
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CTGS 53-202a said:
Sec. 53-202a. Assault weapons: Definition. (a) As used in this section and sections 53-202b to 53-202k, inclusive, "assault weapon" means:

(1) Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user or any of the following specified semiautomatic firearms: Algimec Agmi; Armalite AR-180; Australian Automatic Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1; Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico models M-900, M-950 and 100-P; Chartered Industries of Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2, Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique Nationale FN/FAL, FN/LAR, or FN/FNC; FAMAS MAS 223; Feather AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12 and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type; Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model 3000; Ruger Mini-14/5F folding stock model only; Scarab Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and Auto Pistol; Springfield Armory BM59, SAR-48 and G-3; Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker 12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-Carbine and Pistol; Weaver Arms Nighthawk; Wilkinson "Linda" Pistol;

(2) A part or combination of parts designed or intended to convert a firearm into an assault weapon, as defined in subdivision (1) of this subsection, or any combination of parts from which an assault weapon, as defined in subdivision (1) of this subsection, may be rapidly assembled if those parts are in the possession or under the control of the same person;

(3) Any semiautomatic firearm not listed in subdivision (1) of this subsection that meets the following criteria:

(A) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following:

(i) A folding or telescoping stock;

(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) A bayonet mount;

(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

(v) A grenade launcher

That's how CT defines an assault rifle. The WASR-10 would fit into the AK-47 "type" rifle. The test the State Police use to verify is based on the following:
1. Does it look like an AK-47?
2. Can parts from an AK-47 be readily changed into the firearm and vice versa?
3. Does it function like an AK-47?

So I would think even in .223 or another caliber that the gun would be considered illegal as swapping it into a 7.62 is a matter of interchanging parts.

Mini 14's are legal as long as they a) do not break the "Features Clause" above (53-202a, subsection 3) or have a folding stock (53-202a, subsection 1).

As far as I know, the Mini-30 is only bound by the Features Clause. It's similair to the SKS, just as the Mini-14 is closer to an AR-15.
 
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^^^^^ I don't think so. Preban/Postban laws do not apply in CT.
Basically the law states all "assault" style weapons must have been registered by OCT. 94.

Correct me if I'm wrong but here is what i found:

Sec. 53-202d. Certificate of possession of assault weapon. Certificate of transfer of assault weapon to gun dealer. Circumstances where possession of assault weapon authorized. (a) Any person who lawfully possesses an assault weapon, as defined in section 53-202a, prior to October 1, 1993, shall apply by October 1, 1994, or, if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by October 1, 1994, because he or she is or was on official duty outside of this state, shall apply within ninety days of returning to the state to the Department of Public Safety, for a certificate of possession with respect to such assault weapon. The certificate shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth and thumbprint of the owner, and any other information as the department may deem appropriate. The department shall adopt regulations in accordance with the provisions of chapter 54 not later than January 1, 1994, to establish procedures with respect to the application for and issuance of certificates of possession pursuant to this section. Notwithstanding the provisions of sections 1-210 and 1-211, the name and address of a person issued a certificate of possession shall be confidential and shall not be disclosed, except such records may be disclosed to (1) law enforcement agencies, and (2) the Commissioner of Mental Health and Addiction Services to carry out the provisions of subsection (c) of section 17a-500.

(b) No assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1994, to any person within this state other than to a licensed gun dealer, as defined in subsection (d) of section 53-202f, or as provided in section 53-202e, or by bequest or intestate succession. Any person who obtains title to an assault weapon for which a certificate of possession has been issued under this section by bequest or intestate succession shall, within ninety days of obtaining title, apply to the Department of Public Safety for a certificate of possession as provided in subsection (a) of this section, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from the state. Any person who moves into the state in lawful possession of an assault weapon, shall, within ninety days, either render the weapon permanently inoperable, sell the weapon to a licensed gun dealer or remove the weapon from this state, except any person who is a member of the military or naval forces of this state or of the United States, is in lawful possession of an assault weapon and has been transferred into the state after October 1, 1994, may, within ninety days of arriving in the state, apply to the Department of Public Safety for a certificate of possession with respect to such assault weapon.
 
You can only have a preban if you had it before the ban period. The state does not issue preban permits anymore, and as such you cannot sell or trade one to anyone who is not an FFL.
 
Found this in another post, bears noting:

Sec. 53-202m. Circumstances when assault weapons exempt from limitations on transfers and registration requirements. Notwithstanding any provision of the general statutes, sections 53-202a to 53-202l, inclusive, shall not be construed to limit the transfer or require the registration of an assault weapon as defined in subdivision (3) or (4) of subsection (a) of section 53-202a, provided such firearm was legally manufactured prior to September 13, 1994.

I suppose the clincher here is when was it legally manufactured? There are a few holes in this also; 1) "limit the transfer" ... note how it does not say sale; 2) >>>

Sec. 53-202c. Possession of assault weapon prohibited. Class D felony. (a) Except as provided in section 53-202e, any person who, within this state, possesses any assault weapon, except as provided in sections 29-37j, 53-202a to 53-202k, inclusive, and 53-202o and subsection (h) of section 53a-46a, shall be guilty of a class D felony and shall be sentenced to a term of imprisonment of which one year may not be suspended or reduced; except that a first-time violation of this subsection shall be a class A misdemeanor if (1) the person presents proof that he lawfully possessed the assault weapon prior to October 1, 1993, and (2) the person has otherwise possessed the firearm in compliance with subsection (d) of section 53-202d.

This section seems to say you can't possess an assault weapon which is a preban. Note that its says "53-202a to 53-202k" which excludes 53-202m ... and 53-202m does not include this statute in it as it refers to 202a & 202i ... so it appears they put this in and then backdoored a way to zap you for it.
 
It does not matter what Sec 53-202c says when you are talking about a pre-ban made prior to Sept. 13, 1994.

Section 53.202m is very clear. 53.202a to 53-202l don't apply. You don't have to register it and you can transfer it.

I've purchased prebans and had them shipped to CT. No problem. You can walk into Newington and purchase one (if he has any).

This only applies to those firearms defined in 53-202a subdivision (3) or (4). So it does NOT apply to subdivision (1) or (2) which is the named list of assault weapons.
 
What do you mean "getting caught"...it is not illegal to own an AK-74?...you can go buy one at a gun store/gun show...

That's rather surprising to be honest. Under the CT law "AK-47 Type", as I mentioned before, if it functions like a 47, looks like a 47, and has interchangeable parts with a 47, it's a 47 'type' gun. The AK-74 is based in large part on the AKM, which is an AK-47 variant. The AKM and AK-74 have (if I recall correctly) about 60% or so of interchangeable parts. The law doesn't say it has to be a 7.62mm, nor does it say which parts have to be interchangeable.

I suppose you could make a good argument either way.
 
^^^^^ I don't think so. Preban/Postban laws do not apply in CT.
Basically the law states all "assault" style weapons must have been registered by OCT. 94.

Correct me if I'm wrong but here is what i found:

That is in fact incorrect. But don't ask me to explain it. Pre-ban Non-Colt AR15 are not considered to be assault weapons. This little loophole is how you can (legally) own an AR with all the evil features in CT.
Its really too bad. Bayonette lugs are useless. Fixed stocks just plain work better than folding stocks. The only evil feature worth worrying about is the threaded bbl.


Also guys. Try to get the terminology right. An Assault rifle is a select fire military rifle. An Assault WEAPON is a made up term created by the anti-gun Left.

CT has an assault weapon ban.
 
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If you went and looked, you can find AK pattern rifles for sale in different calibers. The Saiga rifle is available in both.308 and .223. I know they've been sold within the past few weeks in Connecticut. The Saiga is a Russian, Izhmash-made, AK pattern rifle, modified to seem to more of a hunting rifle. It doesn't have a pistol grip, it has a monte carol stock, the trigger group has been moved back, etc. "Engineered to comply with Clinton era restrictions placed on the Russian Federation with even fewer "evil" features than other imports as a condition of securing loans, the Saiga rifle is a highly modified derivative of the AKM rifle. Unlike other AK derivatives where they were primarily military rifles slightly modified to comply with US import regulations, the Saigas were engineered from the beginning for commercial civilian sale," taken from http://www.savvysurvivor.com/saiga_rifles.htm

One additional issue of note is to be aware of one part of the US Code 18 USC 922r, commonly referred to as 922r, which limits a Saiga and many other foregin made rifle to 10 round or less magazines, unless you start swapping out oarts for American-made parts. In effect, it's more of a protectionist law than anything else, but it's there, and it's not something of which you want to run afoul. See: http://home.comcast.net/~navy87guy/home/922r.html
 
a nice compromise is the CZ VZ-58 if you must have that caliber, it is the only gun besides an SKS that I know of that shoots 7.62 x 39 that is legal in CT. and it's a great rifle.
 
I'm not going to tell you that you are wrong. I'm well versed in the loopholes around AR type rifles but I know very little about AK's.

But . . I've seen pistol grip guns that are essentially AKs (regardless of what they are called) at large established dealers like Hoffmans within the last few years.

How do they fit in?

Don

p.s. its my understanding that something like this is legal in CT.

http://www.aimsurplus.com/acatalog/Romanian_GP-WASR_10_63_7.62x39_Rifle.html
 
I believe anything chambered in 7.62 x 39 with parts that are interchangeable with a real AK are not legal in CT, have you seen a siaga chambered in 7.62 x 39 in CT? .308s and .223s a plenty, but no 7.62. I believe you would have a hard time finding a dealer who would do the transfer paperwork for a Wasr10 in CT. I am no expert though.
 
I'm not challenging you , but can you provide a link to any statutes re this.

I seem to remember the state AG going back and forth on their inerpretation of the AWB and how it applied to AK type guns. They have to have documented it somewhere.

Don
p.s. I'm not looking for the text of the law. I'm looking for the text of any AG interpretation of the law.
 
No I can't, I have only hear say. The great thing about these laws is no one seems to understand them, and fewer people will commit to their meaning, I have friends of mine who have had Ak 74 variants returned because the dealer thought they were illegal? And yet I have purchased the same guns at different stores? I asked several shops about converting a saiga 308 to a pistol grip and everyone I asked questioned whether it was legal, and did not want any part of it. Everyone is so scarred of crossing the line they stay a mile from it.
 
Its funny. Nobody understands the law. the reality of it is that it is not enforced.

To date there has only been one person prosecuted under the CT AWB and that was someone who intentionally go arrested so the NRA could challenge the law in court. (and lost)

I own a registered SBR lower that is also a pre-ban non-colt lower. As such, it can have all the short barreled, evil featured stuff on it that I want.

However, in the same safe is a post-ban DCM AR-15 target rifle.

The AWB law says that any assembly of parts that can easily be assembled into an AW is illegal.

I called the CT state police and asked this: "if I can remove my legal pre ban upper by pushing 2 pins and then assemble it on my post ban upper by pushing 2 pins, am I not violating the AWB by having the 2 guns in the same safe? In the same house??

The trooper laughed and commented that the law was so screwed up as to be beyond comprehension. He said that nobody had any interest in splitting hairs like that.

But then he cautioned "all it would take is for the attorney general to tell us to start pushing that stuff and it could all change. If he told us to do so, we'd be at ranges checking guns for serial numbers or paperwork for a registered AW"

Great.

Don
 
That's rather surprising to be honest. Under the CT law "AK-47 Type", as I mentioned before, if it functions like a 47, looks like a 47, and has interchangeable parts with a 47, it's a 47 'type' gun. The AK-74 is based in large part on the AKM, which is an AK-47 variant. The AKM and AK-74 have (if I recall correctly) about 60% or so of interchangeable parts. The law doesn't say it has to be a 7.62mm, nor does it say which parts have to be interchangeable.

Yeah I suppose you can get to 60% interchangable parts if you include the sights and stocks and a few other parts that are either generic or non-essential to the functioning of the gun. You aren't going to exchange the barrel, bolt, magazine, or receiver though. I don't know for a fact that it is, but if the barrel O.D. is different, you aren't going to exchange the gas block either. I think by any reasonable determination, the fact that you can exchange stocks, sights, machine screws, etc., between the guns is irrelevant.

I'm not challenging you , but can you provide a link to any statutes re this.

I seem to remember the state AG going back and forth on their inerpretation of the AWB and how it applied to AK type guns. They have to have documented it somewhere.

p.s. I'm not looking for the text of the law. I'm looking for the text of any AG interpretation of the law.

A link to statutes that aren't the text of the law? Huh? [grin]

Please see the attached (poor quality) copy of a letter from the Department of Public Safety (State Police) in reply to questions sent to them on exactly this topic. I aquired this copy from an acquaintence and while the trail of handling it is fuzzy and I cannot personally vouch for it's authenticity, all the facts check out and I see no reason to doubt it.

Also take a look at the text of the opinon from State of Connecticut v. Robert Kalman, there is interesting material in there on this topic, including recognition by the courts of the State Police criteria for deciding AK-47 types as a valid test for the purpose of the statute:

http://www.jud.ct.gov/external/supapp/Cases/AROap/AP93/93AP123.pdf

Here are, to me, the most relevant parts of that document, although the whole thing is interesting:

... Utilizing a tripartite test employed by the state police to determine whether a weapon is an AK-47 type, he demonstrated how the Maadi MISR looks like, works like and has parts that are interchangeable with an AK-47 weapon.

... The ‘‘Avtomat Kalashnikov AK-47 type’’ is one of the listed semiautomatic firearms prohibited under § 53-202c. The court found that the initials ‘‘AK’’ stand for the name ‘‘Avtomat Kalashnikov.’’ Kalashnikov designed the firearm in 1947, and it was manufactured in Russian arsenals. The AK-47 was manufactured as a full automatic machine gun with select fire options. Osika testified that to his knowledge, the only weapon manufactured by Kalashnikov that fired in semiautomatic mode was a variant of the AK-47 known as the AK-74.

... Only three of the semiautomatic weapons specified in § 53-202a have the word ‘‘type’’ after the name. The word ‘‘type’’ is a general designation following the name of a very specific automatic weapon. ‘‘[W]here a particular enumeration is followed by general descriptive words, the latter will be understood as limited in their scope to . . . things of the same general kind or character as those specified in the particular enumeration.’’ (Internal quotation marks omitted.) Eastern Connecticut Cable Television, Inc. v. Montville, 180 Conn. 409, 413, 429 A.2d 905 (1980).

... Applying the rules of statutory construction, we conclude that the statutory term ‘‘Avtomat Kalashnikov AK-47 type’’ is clear and unambiguous.5 The only logical interpretation is one that encompasses semiautomatic weapons modeled after an AK-47.6 That definition would include those semiautomatic weapons that share common characteristics of the AK-47.

... Osika testified that in analyzing whether a particular weapon is an ‘‘AK-47 type,’’ the state police determine whether it looks like an AK-47, works like an AK-47 and whether the parts can be interchanged with other AK-47 weapons...

... As the court noted in its decision, utilization of the test was a valid way to determine whether the particular weapon was of the ‘‘type’’ prohibited by the statute. The court stated that ‘‘the weapon was virtually identical in appearance, the inner workings were the same, and the parts between the Maadi and AK-47 were interchangeable. . . . Exhibit three [the weapon at issue] was, in effect, an AK-47 type weapon, which was simply made by a different manufacturer and bore a different name.’’

No I can't, I have only hear say. The great thing about these laws is no one seems to understand them, and fewer people will commit to their meaning, I have friends of mine who have had Ak 74 variants returned because the dealer thought they were illegal? And yet I have purchased the same guns at different stores? I asked several shops about converting a saiga 308 to a pistol grip and everyone I asked questioned whether it was legal, and did not want any part of it. Everyone is so scarred of crossing the line they stay a mile from it.

I own a WASR-3 which is an AK-47 similar (but not "type") gun chambered in 5.56mm. I have absolutely no concerns about the legality of ownership of this gun here in Connecticut, nor does the FFL who transfered it for me, nor does Hoffmans, Newington Gun Exchange, or a variety of other FFLs who sell these and similar guns.

Your example about the Saiga converted to pistol grip is a bit silly. Do you think if you took a genuine Kalishnikov AK-47 and took the pistol grip off and put a sporter stock on it, that would make it suddenly legal? Either way you choose to interpret the "AK-47 type" statue, the Saiga would be no more or less legal because of a pistol grip on it, except in relationship to the separate "evil features" standards.
 

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To date there has only been one person prosecuted under the CT AWB and that was someone who intentionally go arrested so the NRA could challenge the law in court.

I think you are wrong, there is at least one other. See the opinion from the case of Robert Kalman that I just posted. From that document:

The defendant, Robert Kalman, appeals from the judgment of the trial court, rendered after a trial to the court, convicting him of the crime of possession of an assault weapon in violation of General Statutes § 53-202c.

Doesn't sound very intentional to me:

Sometime between 1 p.m. and 2 p.m. on June 4, 2000, the defendant arrived at the Fireside Restaurant in New Haven with three or four other individuals and proceeded toward an outside deck. The defendant had patronized the restaurant in the past and had a heavy Russian or European accent. He was carrying a guitar case, which he placed on the ground beside him when he sat down at a table to order food and drinks. A waitress, Christine Hurley, saw the defendant open the case. While serving other patrons, she heard a gun being cocked and saw the defendant holding a shotgun or rifle. Joshua Giamette, a patron at the restaurant, saw the defendant struggle with another patron, Tony Speransa. Speransa grabbed the end of the weapon with one hand and hit the defendant with his free hand, causing the weapon to fall to the deck. Giamette ran over, picked up the weapon and ran off into a wooded area to hide the weapon until the police could arrive. The defendant and his companions got into a car and left the premises.

[grin]
 
DSM,
Thanks for the update. I was unaware of the 2nd person. He sounds like a real winner.

One other thing. I do recall that at some point post 94, certain AK style guns were legally sold at places like Hoffmans. Then somebody, state police or AG I believe, decided they were illegal, after the fact. I believe some kind of amnesty period was established. Ridiculous on its face.
 
That schmucko Kalman seems like a real winner. Not only is he stupid enough to show off a rifle in public. He couldn't afford an atty.

Of course he lost. He had a public defender. Do you have any idea of the case load those guys carry. Lets just say that a deep introspective analysis of the constitutional issues was most likely not completed.

Don
p.s. I realize that case law is case law, regardless of the conditions. Too bad. Surprised the NRA didn't provide a lawyer.
 
I know the saiga thing is silly, I own several Ak variants and have no problem with them, I wanted to convert the saiga as many do I just did not have the time to do it myself, so as I was making my rounds I asked a few guys at he shops if they would do it for me, and you would have thought I was trying to import an illegal weapon or something, to me it was laughable because the people I asked were respected in this side of the state and yet they could not explain what was illegal about it and chose to err on the side of caution.
 
Like I said earlier, I'm pretty ignorant on the AK side of things, but based on what has been provided here: 1) letter from state trooper at weapons group 2) judges decision on the guy who got busted with the WASR.

It would seem to me that as long as you stay away from 7.62 calibers, you have no state of CT issues with any AK variant.

Don
 
the VZ 58 is the ONLY 7.62 Ak'ish I have found that is legal, I have 2 and absolutely love them. Mags aren't cheap but it is as close to a real AK as you'll get in CT in that caliber. It only looks like an Ak in form, the rest is different.
JO JO's in southington has a ton of mags relatively cheap compared to Hoffmans and others. If anyone needs mags that's the place to go, I think they were getting around 26.00 per mag, the cheapest I have seen locally.

They have a bunch of the guns too as a side note getting 850.00 I believe.
 
Of course he lost. He had a public defender. Do you have any idea of the case load those guys carry. Lets just say that a deep introspective analysis of the constitutional issues was most likely not completed.

While I don't agree with the law, given that it exists and what it says, I do agree with the interpretation. It's the only sensible way to interpret it. I think he would have lost regarless of who was representing him.

We are just lucky the law says "Colt AR-15" and not "AR-15 type"!

I realize that case law is case law, regardless of the conditions. Too bad. Surprised the NRA didn't provide a lawyer.

Perhaps they perceived the case as unwinnable and thus a waste of resources.

what was the punishment given to Mr Kalman?

No idea, never found anything further about the case.
 
So has anyone purchased a 7.62 Saiga in full sporter config in CT?

It might seem that if left with the sporting stock and with the factory mods in that prevent the use of AK mags, it might be legal in 7.62.

Anyone care to speculate?

Or even better, has anyone heard anythign from the AG or DPS?

Don
p.s. I don't own any AKs and the Saiga has caught my eye. Cheap and reasonably well made. I'm very happy with my Saiga 12.
 
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