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Gaging from past cases and my "not a lawyer" understanding... The problem with that is that it must be designed with a muzzle velocity of over 407 fps. Any gun can be modified to fire over that. But it must be purpose built out of the box to fire at that rate before even being considered as valid in the velocity test.
That's my limited understanding, I could be wrong, but that's what I've got in my brain.
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