Gentlemen: Unless Congress radically changes current law, which is highly unlikely given the longstanding political climate, no one will be reading a writing or advisory from ATF in future concerning antique firearms because ATF are naturally aware they have no underlying statutory authority to engage the matter. Has any one of us ever known of a bureaucrat doing anything they are not required to do? That firearm category is outside their legal authority. Given there is no statutory authority to be found anywhere in federal law allowing them to regulate antique firearms, the ATF cannot and thus will not of its own accord promulgate rules or regulations respecting this particular category of firearm. To do so would be indisputably unlawful, as well as impolitic and irrelevant. Likewise, ATF cannot make the life of an antique firearm owner in the U.S. or the person importing an antique firearm into the U.S. uncomfortable. ATF have nothing to say on the subject.
To reiterate, rules and regulations promulgated by federal agencies are explications of federal law; but they are not law. Only Congress can make or change federal law. Government agencies may be authorized by Congress to promulgate rules and regulations, which must find support in existing federal law. However, if there is no authorizing basis in federal law upon which to justify the creation of the rule or regulation, the federal agency obviously cannot promulgate the same because no requisite underlying legal authority or the remotest rationale for it to do so exists.
Remark the "rule" that led to this discussion is a proposed rule reportedly being circulated by ATF for public comment. Since this is a rule, we immediately understand the subject of the proposed rule has to be the modern or "firearm" category. Why, you ask? The legal term "firearm," as that legal term is universally defined in applicable federal statutes, expressly excludes the legal term "antique firearm." This definitional exclusion of the "antique firearm" category is ubiquitous throughout every federal statute pertaining to firearms. The antique firearm is thereby specifically excluded from any and all federal regulation by any federal agency tasked by Congress with enforcing federal firearm-related laws. So logically, we are left with the "firearm" (and perhaps the curio & relic firearm category as well) category possibly affected by the proposed ATF rule.
Lastly, when an individual is importing an antique firearm from abroad, one may, for example, have some difficulty with U.S. Customs and Border Protection, say, with the verifying paperwork establishing the age of the 'antique' item being imported. But the difficulties encountered will be resolved solely through U.S. Customs rather than with ATF. The latter agency has nothing whatever to say about, or can intervene unilaterally in, or play any part concerning, the importation of an antique firearm, because they have no lawful statutory authority to become involved if the matter concerns the antique firearm category.
I hope the foregoing helps to further allay concerns about the antique firearm category and its unregulated status under federal law.
Regards,
Edwardian
