Yes, correct. They can reclassify anything after it was already sold as a regular firearm. Like it was done for these shotguns, the USAS-12, Striker-12, and Streetsweeper. All of which were reclassified as 'Destructive Devices' after being sold over the counter as a regular firearm.
Well, to be fair, at the time they were classified as destructive devices the option was given to grandfather in existing specimens in the NFA registration. Which effectively banned *unregistered* versions. Technically, if you registered them during the time allotted, they were still legal to possess (but forevermore considered destructive devices).
While another topic, that whole situation with USAS/Streetsweepers/etc, (as well as Mac9's, early FN-FAL's, etc), is worth serious consideration with SAIGA shotguns and the ultimate future those who choose to convert them to a "non-sporting" use may someday face.
US Vs. Aiken demonstrated that despite the Rock Island Armory vs. United States case I cited above, a person who *converts* a firearm from a legitimate title I form, to a restricted (title II destructive device) state, DOES NOT HAVE the protection associated with being a manufacturer. In US Vs. Aiken, the defendant tried to claim he was protected from a 922(o) charge for possession of a sawed off shotgun because he had no method of registering or paying the tax. But as he was not the
manufacturer or importer of the firearm, the court said "no way, buddy". (He was also a felon in possession, so he had that going against him as well...) Anyway, not sure where conversion of a firearm from a Title I to a Title II destructive device would apply, if Saigas in a post import, non-sporting form, were ever declared non-sporting (and thus a destructive device).
Straying too far though.
Question - Is this is a newly manufactured receiver, or a trigger pack, or ???
Anyone have a copy of the letter?