Looking for legal information on a non-NFA 37mm launcher?

[Njal Thorgeirsson]

Hello,

I recently noticed that a 37mm flare launcher is technically not a DD or even a firearm if you fire certain types of projectiles. But I'm looking for reliable legal information on what i could fire out of the launcher if I were to get one. Obviously flares and smoke and such are technically legal. But are there any other projectiles that I could fire instead of those two? What about a smoke round that I loaded with dirt or flour or something instead of smoke chemical to save money [essentially make a smoke round that just doesn't do anything]. What are the chances that that would be legal? Is there a limit to the velocity at which I could launch a flare?

Should I just write to the BATFE for reliable information in written form?

Thanks!

 

[BLAKEinTX]

Call or write the FTB and youll get a answer but it might take awhile

 

[M-Cameron]

as far as i understand, 37mm launchers are unrestricted because they are a 'signaling device'....and that any type of 'anti personnel' round or any round with more than 1/4 ounce of explosive would be rendered a destructive device...

anything other than smoke or a flare i would get a detailed description in writing okayed by the ATF before i did anything else.

 

[Prince Yamato]

Try presenting it as "environmentally friendly signaling round" when you say that you want to use flour. No flame and biodegradable. Also, you can eat them if you run out of food.

 

[Quiet]

There is ATF Ruling 95-3...

37/38 mm gas/flare guns possessed with cartridges containing wood pellets, rubber pellets or balls, or bean bags are classified as destructive devices for purposes of the Gun Control Act, 18 U.S.C. Chapter 44, and the National Firearms Act, 26 U.S.C. Chapter 53.

ATF has previously held that devices designed for expelling tear gas or pyrotechnic signals are not weapons and are exempt from the destructive device definition. However, ammunition designed to be used against individuals is available for these 37/38 mm devices. This “anti-personnel” ammunition consists of cartridges containing wood pellets, rubber pellets or balls, and bean bags.

When a gas/flare gun is possessed with “anti-personnel” type ammunition, it clearly becomes an instrument of offensive or defensive combat and is capable of use as a weapon. Since these gas/flare guns have a bore diameter greater than one-half inch, fire a projectile by means or an explosive, and, when possessed with “anti-personnel” ammunition, are capable of use as weapons, the combination of the gas/flare gun and “anti-personnel” ammunition is a destructive as defined in the GCA and the NFA. As a result, registration as a destructive device is required. Any person possessing a gas/flare gun with which “anti-personnel” ammunition will be used must register the making of a destructive device prior to the acquisition of any “anti-personnel” ammunition. In addition, the gas/flare guns are classified as firearms as defined by the GCA when possessed with “anti-personnel” type ammunition.

Each gas/flare gun possessed with ant–personnel ammunition will be required to be identified as required by law and regulations (27 C.F.R. §§ 478.92and 479.102), including a serial number. Any person manufacturing the gas/flare gun and “anti-personnel” ammunition must, if selling them in combination, have the appropriate Federal firearms license as a manufacturer of destructive devices and must have paid the special (occupational) tax as a manufacturer of National Firearms Act firearms. Any person importing the gas/flare gun and the “anti-personnel” type ammunition must, if importing them in combination, have the appropriate Federal firearms license as an importer of destructive devices and must have paid the special (occupational) tax as an importer of National Firearms Act firearms.

Further, the “anti-personnel” ammunition to be used in the gas/flare launchers is ammunition for destructive devices for purposes of the GCA. Any person manufacturing the “anti-personnel” ammunition ,must have the appropriate Federal firearms license as a manufacturer of ammunition for destructive devices. Any person importing the “anti-personnel” ammunition must have the appropriate Federal firearms license as an importer of ammunition for destructive devices.

HELD: 37/38 mm gas/flare guns possessed with “anti-personnel” ammunition, consisting of cartridges containing wood pellets, rubber pellets or balls, or bean bags, are destructive devices as that term is used in 18 U.S.C. § 921(a)(4) and 26 U.S.C. 5845(f)(2).