July 11, 2017
ATF Q&A: Firearms Transactions
Is it unlawful to sell a Saiga rifle that comes with a 10-round magazine and includes a larger-capacity magazine with the sale in a state where such a magazine is legal?
It is unlawful for any person to assemble from imported parts any semi-automatic rifle or any shotgun that is identical to any rifle or shotgun prohibited from importation under section 925(d)(3) of the Gun Control Act as not being particularly suitable for or readily adaptable to sporting purposes except that this subsection shall not apply to: the assembly of any 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 the assembly of any such rifle or shotgun for the purposes of testing or experimentation authorized by the Attorney General.
The installation of the larger-capacity magazine would be assembling a rifle that is non-importable under 925(d)(3) as being nonsporting. If the rifle is otherwise importable and it does not contain more than 10 of the listed imported parts, its assembly is not prohibited under 18 U.S.C. section 922(r). Refer to the parts listed under 27CFR 478.39 to determine the number of imported parts of the particular Saiga rifle you possess. [18 U.S.C. 922(r) & 27 CFR 478.39]