I recently ran into a similar situation when I bought an 1888 vintage Lefever 10 gauge. The seller wanted an FFL copy for transfer. I pointed out to him that the gun was a pre-1899 antique and e-mailed him a copy of the law pertaining to antique guns from the ATF website. He called his ATF contact and was told that it is true that pre-1899 guns do not require transfer EXCEPT in the case of antiques for which commercially loaded ammo is still readily available.
I again tried to explain that the exemption the ATF guy quoted only pertained to REPLICAS of Antiques. I vainly tried to explain that an original Sharps rifle would be an Antique that did not require FFL transfer, but that a replica Sharps in the same caliber would require transfer. He was not deterred, and told me that this ATF contact "is the guy who can pull my license, so I'm going to do what he says." I had to bite the bullet and send him an FFL copy which created further expense and hassle.
If there was indeed and exemption to Antique status for guns which are chambered for readily available ammo, that would disqualify virtually everything, since companies like Old Western Scrounger supply ammo for almost anything.
My local FFL dealer ran the same question past his contact at the nearest ATF Field Office, and was told that if the receiver was made prior to 1899, it's an Antique, and no FFL transfer is required. Plain and simple.
