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The ATF didn't list the M1938 on their C&R list.

Will938 wrote:The ATF didn't list the M1938 on their C&R list.

page 27 at the top

"Russian (U.S.S.R), model 1891, Mosin-Nagant rifles, cal.7.62 x 54R and .22 cal, all models and all variations, mfd. after 1898 (i.e., M1891/30, M1910, M1938, and M1944)."

Curiously, the Chinese Type 53, which is a clone of the M44, is not on the C&R list. Some of them are C&R by virtue of age, but they're known to have been made until at least 1960.