"craigd," with respect to this forum and instant thread, I referenced the post by "Geo. Newbern" (the fourth post in this thread on 20 September), which is comprised mostly of a quote with respect to a proposed ATF rule change, some aspect of which I had earlier discussed at length with "smallbore" on another forum on a separate venue. The latter discussion with "smallbore" concerned antique firearm replicas and what, if anything, the proposed rule change, if adopted, would have on their legal status, etc. Bottom line: If the replica in question meets all the requirements to be or remain classed as an antique firearm, there would be no effect on its status or current classification. Actually, the rules / regulations pertaining to antique firearm replica classification, with respect to when a replica is or will not to be so classed, are clear.
That being said, I adjure all readers of federal law, or the rules and regulations promulgated by government agencies, who want truly to comprehend what they are reading, to first become familiar with the definitions of the legal terms used therein, and to strictly avoid generic interpretations of those terms. There are definitions for the legal terms employed within the respective statutes. Also, pay close attention to what is expressly 'excluded' from the legal definition. Otherwise, the reader will misunderstand and ineluctably misinterpret what they have read, and then proceed to misapply what is an erroneous interpretation.
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"Toby Barclay," ATF cannot unilaterally change or in any manner affect the longstanding legal definition for the antique firearm category as firmly grounded in federal statutes. They have no legal authority to do anything whatsoever with respect to that particular category. No rule or regulation promulgated by ATF, in accordance with every federal statute pertaining to / governing firearms, has any effect on the antique firearm category, because it does not come under their legal authority. They only have authority to regulate the separate categories "curio and relic firearms" and (modern) "firearms,"--end of story.
Finally, no agency or creature of the federal government can make or change a federal law, or amend it. And in the event, only the U.S. Congress can do so, and to date our Congressmen have been remarkably disinclined to favor ATF. In order to change the definition of antique firearm, as that legal term is defined under several titles of federal law, Congress would need to act and make another or change the law. Agencies can promulgated rules and regulations, period, but no agency can make, change or amend federal law. ATF are not authorized under any federal statute to regulate the antique firearm. That category is expressly excluded from any and all regulation by federal law. That exclusion from regulation does, of course, include any regulation or rule-making on the part of ATF. ATF is not Congress but simply an agency of government, and as such is subservient to the law. As well, given they have no legal authority to act or to regulate the category, they can play no part in the importation of an antique firearm. U.S. Customs and Border Protection has authority over the importation of 'antiques,' not ATF, which plays no role for lack of legal authority.
Regards to all,
Edwardian
