Yes ATF will have the answer on what you can build legally. My guess and a guess it is, is that where they will get you is the ammunition clause.
For the purpose of discussion on the forum we established our rule that says:
Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
We took this rule from the GCA and NFA, but the only interpetation we offer is for discussion on our board. And for purpose of interpetation on this board a breech loader that uses a projectile, a separate powder bag and separate method of priming is not using fixed ammo.
The problem for our forum with breech loaders is the fixed ammo. There is no doubt that no one in the U.S. is currently manufacuring this old ammunition. The problems comes as John mentions to being readily available in ordinary channels of commercial channels.
Some where, someone has an inventory of the most common of this ammo, for sale.
As part of your research to find which gun to build, you need to include a letter to ATF seeking a determinatiion as to the status of the particular gun you want to build. You actually find ATF very helpful in you quest.
Word of caution, when you contact ATF for a determination, do it in writing. Don't get anything verbal from anyone.
So Ratpatrol, do you have any idea what breech loader you might be interested in? And if I can ask, why a breech loader?
I haven't realy looked at it with the idea of constructing it, but I wonder how hard a Williams Gun would be to build.