Gentlemen: ATF have no legal authority whatsoever with respect to the "antique firearm" category of firearm and cannot lawfully regulate the same, period. Rules and regulations promulgated by a federal agency are not law but are instead explications of federal law. No government agency can make law, or effectually do so by unilaterally exercising their regulatory authority. Without lawful authority to write law, no federal agency can change a federal law. However, government agencies are empowered by Congress to regulate. Rules and regulations promulgated must have a basis in federal law; otherwise, such would be baseless and thereby unlawful on its face.
Federal law establishes three statutorily defined categories of firearms we will broadly define as: (1) an "antique firearm," which is any firearm manufactured in or before 1898, i.e. manufactured before 1 January 1899, to include replicas thereof; (2) a "curio & relic firearm" is that manufactured at least 50 years prior the current date, but not including replicas thereof; and (3) a "firearm," which is the 'modern' firearm, by default any firearm not previously categorized and / or is also that respectively categorized as such in federal statutes. In practice, each of the three categories is a separate legal term.
Confusion arises when a reader of a federal statute simply interprets the legal term "firearm" as merely a generic term applicable to all three of the aforementioned categories. Such a simplistic interpretation is mistaken, however, when viewed from a legal perspective. Understand that before attempting to interpret any federal statute, the legal terms employed need defining, in order to avoid misinterpretations. Every federal title pertaining to firearms has sections with paragraphs dedicated to the definitions of the legal terms employed. The relevant legal terms here are "antique firearm," "curio & relic firearm," and "firearm."
Each firearm-related federal statute that mentions the legal term "firearm," regardless of whether the term is used in the text as a noun or an adjective, also has paragraphs or subparagraphs that define the legal term "firearm" as specifically excluding the legal term "antique firearm" from its legal definition. Thus, an "antique firearm" is not and cannot be interpreted as a "firearm" (whether the legal term is used as a noun or as an adjective.), or vice versa. This is why the "antique firearm" category is wholly unregulated, and it is precisely why ATF cannot and does not lawfully regulate the "antique firearm," irrespective of the fact the agency is authorized by federal law to regulate the two remaining firearm categories.
Nor does ATF regulate or exercise authority over the importation of an "antique firearm" from abroad. Because this noxious agency has absolutely no legal or regulatory authority with respect to any "antique firearm," they and their associated rules and regulations can be ignored altogether when shipping the antique within the U.S., or if importing a properly documented and authenticated "antique firearm" into the United States. U.S. Customs and Border Protection have total aegis over imported 'antiques,' of whatever nature or type, as that term (generally, the item is 100 years old or more) is defined by them.
An executive order cannot make law. Its lawful use is restricted to executing and / or implementing the law. The "antique firearm" category is unregulated because there is no basis in federal law upon which to base a regulation or rule. Again, this particular firearm category is excluded from any and all regulation by dint of controlling federal law.
We have previously written extensively on this and very similar matters elsewhere on this forum and on other fora, as mentioned above. Hopefully, the foregoing will answer some of the questions and concerns raised by the participating correspondents.
Regards,
Edwardian
