How is this not a Destructive Device?
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Thread: How is this not a Destructive Device?

  1. #1
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    How is this not a Destructive Device?

    Saw this on Gunbroker.

    https://www.gunbroker.com/item/854858128

    This company is selling these, claiming they're not DDs and don't need any paperwork. But seems like they're definitely able to fire all normal 37mm ammunition.

    Trap? Or actual loophole?

  2. #2
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    They are a “flare launcher”. Been around for years and yes they do make 37mm flares for them. I think spikes tactical make a undermount and shoulder fired version.

    Was thinking about buying one years ago and playing around with loads for it but never got that far.
    10Gauge, Moses1986 and btr like this.

  3. #3
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    I must have woke up grumpy because it's very hard for me not to be sarcastic and/or scathing right now.

    37mm is fine. 40mm is Class 3. Anti-personnel 37mm loads are Class 3 and you have to have your stamp before you make them. There's an entire hobby out there devoted to making your own smoke launchers and pyrotechnic charges.
    davehal9000, Moses1986 and Story like this.
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  5. #4
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    Yeah 40mm rifle grenades are for the M203 and M79. The 37mm is considered a flare gun.

  6. #5
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    Yeah. I asked a friend on another forum and they explained the difference. It seems entirely based on the ATF's whims though.

  7. #6
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    No it's not a trap or loophole and it's not up to the BATF whims. 37mm flare launchers are 100% legal and are not a DD. A few things you should know, like a few others have explained.

    37mm smooth bore barrel launcher with flares, smokes and chemical rounds (CN,OC,CS)= legal, not a DD

    37mm smooth bore barrel launcher with anti personal rounds= illegal, unless registered DD.

    37mm rifled barrel launcher= illegal, unless registered DD.

    37mm smooth bore barrel on a 40mm frame, ie M203 or M79= title 1 firearm, not a DD.

    40mm smooth bore or rifled barrel launcher= DD

    These rules have been in place for years and ruled on many times. No ATF whims on this stuff, it's clear cut. What isnt clear cut is the subcal inserts for 37mm launchers, that gets muddy. Some considered a firearm, some not. Dont use unless your 100% sure, especially when it comes to state law.
    Last edited by kaptainssurplus; 01-30-2020 at 10:24 PM.
    10Gauge likes this.

 

 

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