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I don't know that I'd call it a game. Congress and BATFE wrote the rules. If they don't like something that a company is doing, they should have addressed it when they did so. It's called 'not outlawing' something.
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There was already a ruling about straight rifling. A guy named Walter H. Craig started importing .45Colt/.410 pistols with rifling that was pretty faint and essentially straight and the BATF shut him down. I think that ruling also affected TC at the time as well.