I've read that space aliens told Bigfoot to put a chip into Jessie Ventura's head. Occasionally, things you read may not be true. Even on the internet.
The BATFE has issued many dozens, possibly hundreds of determination letters on this subject. Since they are the ones who "count", I'd highly recommend following their interpretation of the law. By modifying an imported firearm to accept a "high capacity" magazine (capable of holding more than 5 rounds for shotguns), it is no longer in a "sporterized" configuration and must be converted in accordance with 922(r) or the firearm becomes illegal. To do this, you must replace a number of foreign made parts with US made parts so that the number of parts that are "counted" as defined in 27 CFR 478.39 is 10 or less.
Below are links to 18 USC 922(r), 27 CFR 478.39, and a recent determination letter from BATFE on which "counted" parts exist in a Saiga 12 shotgun. In order to be legal, if you change the weapon out of it's "sporterized" configuration you must replace 5 of the foreign made "counted" parts to get the total number to 10 or less. The "counted" parts on a Saiga shotgun as imported according to BATFE are:
- Frames, receivers, receiver castings, forgings or stampings
- Barrels
- Mounting blocks (trunions)
- Bolts
- Bolt carriers
- Operating rods
- Gas pistons
- Triggers
- Hammers
- Disconnectors
- Butt stocks
- Forearms, hand guards
- Magazine bodies
- Followers
- Floorplates
Note that the Saiga 12 shotgun as imported does not have a pistol grip or muzzle device. However, those are often parts that are desired on a 922(r) converted Saiga 12, so if you wish to add them they must have been manufactured in the US or their presence on the weapon will increase the total number of foreign parts that need to be replaced. Be careful here, many US companies outsource their manufacturing for firearm accessories, and if the replacement part you buy was actually made in China or Israel, you'd be in violation of the law. There are many companies that manufacture parts specifically for performing 922(r) conversions that stamp "Made in the USA" on the part so as to eliminate any ambiguity as to where the part was born.
There are lots of forums and other information on 922(r) compliance. Some of the info is correct, some is going to be incorrect. Ultimately, it's up to you as the person performing the conversion to ensure compliance with the law. If you make sure to replace the correct number of foreign made counted parts, and make sure the replacement parts were actually manufactured in the US, you should be OK. If the part isn't stamped as being made in the US, keep the invoice for the part so if you ever need to prove where the part came from you can. This is mostly so if you ever decide to sell it, you can demonstrate that it is actually 922(r) compliant to the purchaser.
There are some people who argue that no one has ever been charged with a 922(r) violation. I have no idea if that is true or not, but what is almost certain is that if charged it would most likely be an add-on charge should BATFE have another reason to seize your firearms. It's unlikely that there are BATFE agents going to gun clubs and shooting ranges looking for 922(r) violations. That being said, while it's kind of a pain in the ass, if you want your weapon to be legal you have to do this, even though from a practical standpoint it makes absolutely no sense at all.
Another legal issue is that you absolutely cannot have a barrel on a shotgun less than 18 inches, or an overall length less than 26 inches, as that would make it a Short Barrel Shotgun, which requires registration prior to being manufactured with the BATFE - except that Short Barrel Shotguns are
illegal in MN under 609.67 unless the SBS is a curio-relic. Other than this, there are no other MN specific statutes or regulations that involve converting a Saiga 12 shotgun out of it's "sporterized" configuration.
If I were converting a Saiga 12 shotgun, the foreign parts I would replace with US made parts would be the following:
- Trigger
- Hammer
- Disconnector
- Buttstock
- Forearm
Additionally, I would want to
add the following counted parts, so these must also be of US manufacture:
One last thing, if you replace the magazine and it's follower as 2 of the parts for 922(r) conversion, you can no longer use the original (or any other) foreign made magazine if any other changes to the shotgun have resulted in it no longer being considered "sporterized" (installing a pistol grip, folding stock, muzzle device, etc). Because magazines are removable, I wouldn't use it or it's follower as replacement parts for 922(r) conversion. Doing so would limit your options and could inadvertently result in an illegal firearm if the wrong magazine is ever inserted.
I am not a lawyer. If you have legal questions, contact the BATFE or a lawyer specializing in firearms law.
I've edited this post quite a few times while going over the details specific to the Saiga 12, how I would approach this kind of project, and which parts I'd replace. Hope this helps
http://www.law.cornell.edu/uscode/text/18/922http://www.law.cornell.edu/cfr/text/27/478.39http://www.dinzagarms.com/downloads/bat ... -13-11.pdf