I don't have my latest copy of the regs handy, they change every year, but as I remember things they've changed the wording to include originals chambered for available cartridges. However, like Lacey J (one of the Dalton girls) says in the song, "I've been wrong before!" (grin)
A colleague asked me a question about making a replica and this was my response:
"The ATF says that you can make an action (or a rifle, for that matter) for yourself, without becoming a 'manufacturer', but you're not allowed to make it for sale to anyone else.
"The fact that it was made recently means that it will always be considered a modern gun no matter what the chambering or what the action resembles. Too bad, but that's the way it is.
"I, personally, am amazed that the ATF is continuing to allow old guns chambered for still-available cartridges to qualify as antiques. Guess there are too many old trapdoors and Krags still kicking around. Usually the bureaucrats can't WAIT to cause us more hate & discontent (grin)."
I believe that the various replicas chambered for such cartridges as the 44 S&W Russian and American, the 45 Schofield, the 38 Long Colt and the 40-65 all require an FFL to purchase. At least that's the way it seems to me and the dealers I know. However if I'm wrong then that would explain the ATF's lack of enforcement, perhaps they changed the wording of the reg back to the original wording that excluded ALL pre-99 guns from the definition. Hope so, that's the way the original GCA '68 was worded. There were no exceptions to the pre-99 definition in the original act as passed by Congress but the 'administrators' change things to suit themselves sometimes.
Regards, Joe
