Vastly more powerful air rifles than the Benjamin rogue have been manufactured and sold in the USA for over 40 years. Quackenbush and Gary Barnes are two names of design geniuses who build very powerful air rifles and deer, boar and even bison have been shot with them. The ATF has NOT regulated them though they are fully aware of their existence.
As far as their being used in a crime is concerned, it would take a particularly dense criminal to want to use one of these when he could buy a handgun that makes significantly more power illegally and fire vastly more shots out of it in a few seconds than would be possible with one of these air rifles in a whole week.
I do not agree with all of the ATF's views but I do think that they are smart people and would not waste their time on non issues. The idle speculation about them regulating air rifles sounds exactly like the kind of nonsense that appears on the pages of the most extreme British tabloids.
