I’m surprised ATF isn’t addressing the DH. It’s true it was made before 1898, however they have in the past specified that the ruling also mentioned as a condition the firearm could not fire ammunition that was available in the normal channels of trade.
A few years back I had in my store an Eli Whitney .32 rimfire revolver for sale that was an antique and was not in my log book. They wrote me up on it and made me log it into my books to sale as a modern firearm because original .32 rimfire ammunition was available on Gunbroker occasionally. I asked about all the antique Colt single action army’s that were being sold on Gunbroker and other places all the time in 45 Colt and other calibers that were readily available, and was told those sellers were in violation also. And yet it still happens every day even now. It took me ages to sell that Whitney because the collectors didn’t want to have to go thru an FFL to buy it. I ended up selling it below my cost just to get it off my books.
I swear, they make up the rules as they go!
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