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  #1  
Old 08-29-2010, 3:16 AM
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Default 37mm Launcher on a Draco AK47 pistol legal?

I recently picked up a Draco AK Pistol and I also own a 9 inch Spikes Tactical 37mm flare launcher. Is it CA legal to mount the launcher on my lower quad rail of my pistol? Any info pertaining to this would be very helpful!!! Thank you.
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  #2  
Old 08-29-2010, 5:08 AM
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It be legal. There are no CA laws that prohibits a flare launcher from being attached to a handgun.


I though about doing the same thing when I first got my Draco and added a Midwest Industries rail on it. Figured I'd spend the money on ammo instead of a 37mm flare launcher that I would rarely use.
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Old 08-29-2010, 5:38 AM
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Thanks! I was also thinking about putting one on my Spikes Tactical 9mm AR Pistol.

Last edited by 762.DEFENSE; 08-29-2010 at 2:16 PM..
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  #4  
Old 08-29-2010, 8:43 AM
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where in cali can you shoot the 37mm launcher...
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Old 08-29-2010, 12:04 PM
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Originally Posted by norcal.xd View Post
where in cali can you shoot the 37mm launcher...
On your boat in the ocean.
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  #6  
Old 08-29-2010, 1:23 PM
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Quote:
Originally Posted by norcal.xd View Post
where in cali can you shoot the 37mm launcher...
It's best done inside a Prop19 related store, with the doors closed for safety.
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Old 08-29-2010, 1:27 PM
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picture!! picture!!
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Old 08-29-2010, 2:17 PM
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Once I get a few more items in the mail and my Draco is complete, I promise I'll upload several pics
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Old 08-29-2010, 2:30 PM
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I usually make several trips with 10 or so of my friends out to 29 Palms out there in the desert and ride ATVs etc and shoot. You can easily shoot the launcher out there (obviously as long as youre aware of your surroundings) IMO it just looks so bad a**
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Old 08-29-2010, 4:47 PM
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yeah, i want to put one on my ar cuz i think it would look bad on mine as well...
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Old 08-29-2010, 6:14 PM
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Are you sure you'd have enough room to rock the magazine in and out with that big of an object on the rail?
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Old 08-29-2010, 7:18 PM
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Im going to find out in a few days lol.
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  #13  
Old 08-30-2010, 11:59 AM
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I'm getting my ffl and since I'm doing that I was reading CA state law and it might be the State with the most regulations and its hard to make sense of all of them. I think its illegal not 100% but when I get home I'm going to look and cite a penal code and you can check it out then.
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Old 08-30-2010, 1:15 PM
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You're good to go, no portion of the code even contemplates what you are going to do. BUT...The moment you shoot it in public you're probably going to jail (cops are good at finding reasons "exigent circumstances" and all that) and CA will pass a new bill limiting the attachment of flare launchers.
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Old 08-30-2010, 1:22 PM
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I don't see any CA prohibition against installing a flare launcher on a pistol, but it is possible that BATF could consider it to be an AOW at that point. AOW is sort of a moving target and it could be ruled that it is now a firearm designed to be fired with two hands. At that point it would be an AOW and you'd need an approved Form 1 before you installed the flare launcher.
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Old 08-30-2010, 1:28 PM
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Flare launchers fall squarely under destructive device. Flares contain incendiary materials obviously. The launcher itself is prohibited under this law. You can say anything you want but any DA worth his salt will nail you to a wall if he can and having been in a few courts in my time when there is a judge already hostile to your intent - they can.

# 12301. (a) The term "destructive device," as used in this chapter, shall include any of the following weapons: (1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. (2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor. (3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon. For purposes of this section, the term "antique cannon" means any cannon manufactured before January 1, 1899, which has been rendered incapable of firing or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. The term "antique rifle" means a firearm conforming to the definition of an "antique firearm" in Section 479.11 of Title 27 of the Code of Federal Regulations. (4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes. (5) Any breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination. (6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction. (b) The term "explosive," as used in this chapter, shall mean any explosive defined in Section 12000 of the Health and Safety Code.
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Old 08-30-2010, 1:33 PM
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Quote:
Originally Posted by stormy_clothing View Post
Flare launchers fall squarely under destructive device. Flares contain incendiary materials obviously. The launcher itself is prohibited under this law. You can say anything you want but any DA worth his salt will nail you to a wall if he can and having been in a few courts in my time when there is a judge already hostile to your intent - they can.
really, so no flare launcher is legal in CA? Sure see a lot of them sold in CA openly.

what about this part of 12301?

Quote:
12301(a)(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.
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Last edited by ke6guj; 08-30-2010 at 1:35 PM..
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Old 08-30-2010, 1:33 PM
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oh your silly. people shoot em all the time out in the desert no one bothers no one.

Quote:
Originally Posted by stormy_clothing View Post
Flare launchers fall squarely under destructive device. Flares contain incendiary materials obviously. The launcher itself is prohibited under this law. You can say anything you want but any DA worth his salt will nail you to a wall if he can and having been in a few courts in my time when there is a judge already hostile to your intent - they can.

# 12301. (a) The term "destructive device," as used in this chapter, shall include any of the following weapons: (1) Any projectile containing any explosive or incendiary material or any other chemical substance, including, but not limited to, that which is commonly known as tracer or incendiary ammunition, except tracer ammunition manufactured for use in shotguns. (2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor. (3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any ammunition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projectile or shot), antique rifle, or an antique cannon. For purposes of this section, the term "antique cannon" means any cannon manufactured before January 1, 1899, which has been rendered incapable of firing or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. The term "antique rifle" means a firearm conforming to the definition of an "antique firearm" in Section 479.11 of Title 27 of the Code of Federal Regulations. (4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar device containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes. (5) Any breakable container which contains a flammable liquid with a flashpoint of 150 degrees Fahrenheit or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination. (6) Any sealed device containing dry ice (CO2) or other chemically reactive substances assembled for the purpose of causing an explosion by a chemical reaction. (b) The term "explosive," as used in this chapter, shall mean any explosive defined in Section 12000 of the Health and Safety Code.
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Old 08-30-2010, 1:42 PM
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i think by incendiary material they mean explosive ammo. but then again it does say any launching device.
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Old 08-30-2010, 2:18 PM
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Quote:
Originally Posted by ke6guj View Post
I don't see any CA prohibition against installing a flare launcher on a pistol, but it is possible that BATF could consider it to be an AOW at that point. AOW is sort of a moving target and it could be ruled that it is now a firearm designed to be fired with two hands. At that point it would be an AOW and you'd need an approved Form 1 before you installed the flare launcher.
This is the one that I would be worried about.
In order to use the flare, you have to shoot it with both hands.
Therfore, one could argue that the pistol is no longer a one handed weapon (definition of handgun).
-g
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Old 08-30-2010, 2:20 PM
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Quote:
Originally Posted by gunn View Post
This is the one that I would be worried about.
In order to use the flare, you have to shoot it with both hands.
Therfore, one could argue that the pistol is no longer a one handed weapon (definition of handgun).
-g
which just means that I have the AR pistol registered as an AOW before I put the flare launcher on it, not a problem, other than spending the $200 for the stamp.
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Old 08-30-2010, 6:59 PM
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I'd be worried about the whole AOW part as well, it basically creates a forward grip. We recommend to people at the shop to not do it, but we also tell them that we're not 100% sure either.
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Old 08-30-2010, 7:17 PM
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Quote:
Originally Posted by ke6guj View Post
really, so no flare launcher is legal in CA? Sure see a lot of them sold in CA openly.

what about this part of 12301?
Pretty much everything about firing a large flaming projectile from a 37mm launcher for fun is covered

Oh yeah judge I had that strapped to the bottom of what the DA is calling an assault rifle and the 10 rounds I had with me were in case the 9 others were duds and I got lost at sea in the middle of the Mohave.

Drunken idiots at the river get arrested all the time for shooting off normal flare guns over water.

A cop sees you with something like attached to your draco or worse yet shooting it off into the desert scrub and you might as well been aiming and Diane Frankenstein herself - I dont care what this forum says you will go to jail. If you somehow did get away with it your wayyy more lucky than people who accidentally run a red in front of the cops like lottery winner lucky.

Roll the dice grey area but dont cry when you lose your technicality battle against CAmmon sense law against you.

It does says "including but not limited to" for cripes sake

Last edited by stormy_clothing; 08-30-2010 at 7:25 PM..
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Old 08-30-2010, 8:44 PM
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Quote:
Originally Posted by stormy_clothing View Post
Pretty much everything about firing a large flaming projectile from a 37mm launcher for fun is covered

Oh yeah judge I had that strapped to the bottom of what the DA is calling an assault rifle and the 10 rounds I had with me were in case the 9 others were duds and I got lost at sea in the middle of the Mohave.

Drunken idiots at the river get arrested all the time for shooting off normal flare guns over water.

A cop sees you with something like attached to your draco or worse yet shooting it off into the desert scrub and you might as well been aiming and Diane Frankenstein herself - I dont care what this forum says you will go to jail. If you somehow did get away with it your wayyy more lucky than people who accidentally run a red in front of the cops like lottery winner lucky.

Roll the dice grey area but dont cry when you lose your technicality battle against CAmmon sense law against you.

It does says "including but not limited to" for cripes sake
37MM launcher + antipersonnel rounds (even in possession, never mind firing) = DD, not gonna happen in CA

37MM launcher + flares/smoke = legal

Somebody needs to loosen their and take a
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Old 08-30-2010, 9:02 PM
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CA law is so confusing they just need to get rid of all of it this is such BS what are they so afraid of anyways. Anyways here's some more legal stuff.

Chapter 2.5. Destructive Devices 12301. "Destructive device"; "Explosive"

(2) Any bomb, grenade, explosive missile, or similar device or any launching device therefor.

(3) Any weapon of a caliber greater than 0.60 caliber which fires fixed ammunition, or any am- munition therefor, other than a shotgun (smooth or rifled bore) conforming to the definition of a "destructive device" found in subsection (b) of Section 479.11 of Title 27 of the Code of Federal Regulations, shotgun ammunition (single projec- tile or shot), antique rifle, or an antique cannon. For purposes of this section, the term "antique cannon" means any cannon manufactured be- fore January 1, 1899, which has been rendered incapable of firing or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. The term "antique rifle" means a firearm conforming to the definition of an "antique firearm" in Section 479.11 of Title 27 of the Code of Federal Regulations.

(4) Any rocket, rocket-propelled projectile, or similar device of a diameter greater than 0.60 inch, or any launching device therefor, and any rocket, rocket-propelled projectile, or similar de- vice containing any explosive or incendiary material or any other chemical substance, other than the propellant for that device, except those devices as are designed primarily for emergency or distress signaling purposes.

(5) Any breakable container which contains a flammable liquid with a flashpoint of 150 de- grees Fahrenheit or less and has a wick or simi- lar device capable of being ignited, other than a device which is commercially manufactured pri- marily for the purpose of illumination
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Old 08-31-2010, 8:03 AM
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I guess after reading all this, Id rather not roll the dice on the matter and lose my freedom. (AZ looks better and better to me day by day.)
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Old 08-31-2010, 8:04 AM
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Especially since Id like to persue a career in LE.
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