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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 07-12-2012, 8:33 PM
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Default Is 37mm grenade launcher legal in CA?

Is 37mm grenade launcher such as this one - http://www.firequest.com/FJ735.html - legal in California? Also is it legal together with CA-legal AR15?

Thanks!
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  #2  
Old 07-12-2012, 8:39 PM
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........

What do i know?

Last edited by mmayer707; 07-13-2012 at 7:53 PM.. Reason: Spreading FUD and didn't even know it.....
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Old 07-12-2012, 8:40 PM
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Originally Posted by mmayer707 View Post
No, and no.
Why not?
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Old 07-12-2012, 8:41 PM
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Probably not. It makes old bureaucratic politicians soil their Depends...
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Old 07-12-2012, 8:43 PM
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A flare launcher would be fine on a BB rifle, many people have that setup. It is a NoGo on a featureless rifle, as it is an AW feature.
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Old 07-12-2012, 8:45 PM
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It looks to cool to be legal in CA.but then again you can own flare launcher which is what that is .right? theres no 27mm grenades right?
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Old 07-12-2012, 9:32 PM
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Well grenade launchers are illegal but flare launchers are not.

I don't believe flare launchers are an "assault weapon" feature but I could be wrong, consult the OLL flowchart or CA penal code to be sure.
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Old 07-12-2012, 9:34 PM
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What is the point of having a grenade launcher when you can't get grenades for it?
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Old 07-12-2012, 9:34 PM
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Flare Launchers are a "feature".
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Old 07-12-2012, 9:37 PM
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Default could you clarify

Thank you all for the replies. When answering could you please clarify if this is your opinion or knowledge that came from some source.

I found this reference:

What about the ban on flash suppressors, bayonet lugs, pistol grips, and collapsible stocks?
Despite OLLs being legal, semi-automatic, centerfire rifles with a detachable magazine cannot have any one of the following features (PC 12276.1).

Flash Suppressor
Forward Pistol Grip
Flare/Grenade Launcher
Pistol Grip
Collapsible Stock
Thumbhole Stock
If your firearm does not have any of these prohibited or “evil” features, then you can have a detachable magazine. Note that bayonet lugs, laser sights, threaded barrels for rifles, nor anything else not listed are not “evil” features and can be used on a detachable magazine rifle.


But it is still not clear, if I have bullet button would it still be illegal to have the launcher attached? Based on the chart here - http://www.calguns.net/caawid/flowchart.pdf - it appears to be legal.

Last edited by evfrat; 07-12-2012 at 9:43 PM..
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Old 07-12-2012, 9:41 PM
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I guess I might be wrong about the feature status of flare launchers.

Consult the flowchart (^^^^ look up) to determine legality.
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  #12  
Old 07-12-2012, 10:06 PM
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grenade launchers are classified as destructive devices in CA and are not legal.

if it was designed to just be a flare launcher it may be legal but if it can accept any grenade and launch it it is not, does not matter that you cannot buy the grenades for it either.

don't believe me look into the Yugo M59/66 rifle (most common Yugo SKS)

the CA legal versions must have their grenade spigot removed from the muzzle because it can accept a grenade so there for its classified as a destructive device in CA

here you go

http://ag.ca.gov/firearms/dwcl/12301.php

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.

Last edited by dmax11; 07-12-2012 at 10:08 PM..
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Old 07-12-2012, 10:14 PM
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just wondering, how is 37mm not a destructive device while 40mm is?
There are a number of grenade launchers in 30 or 35mm...

Or it's just like many other outdated definition?
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  #14  
Old 07-12-2012, 10:14 PM
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Yup, same goes for Masterkey's. Damn, that would be cool if we could have an ol' shotty hooked up to the AR though.

Last edited by mmayer707; 07-12-2012 at 10:18 PM..
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Old 07-12-2012, 10:17 PM
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Quote:
Originally Posted by Lugiahua View Post
just wondering, how is 37mm not a destructive device while 40mm is?
There are a number of grenade launchers in 30 or 35mm...

Or it's just like many other outdated definition?
Grenade launchers are NFA "destructive devices", flare launchers are not.

Can you see the difference? One launches grenades, the other launches flares...
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  #16  
Old 07-12-2012, 10:23 PM
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I was wondering about mechanical difference since I never owned one.
I hope I wasn't asking some taboo question that could aid criminals mod their flare launcher into weapons.
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  #17  
Old 07-12-2012, 10:27 PM
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yeah looking into it more 37mm seems to not be any standard grenade size so that would lead me to believe that this is strictly a flare launcher made too look like a grenade launcher. if that is the case it may be legal in CA if used correctly/legally but i honestly don't think i would do it myself.

if an officer that was uniformed and there are many you could still be arrested and then be possibly the first guinea pig for the rest of us if you can get the backing/funding to defend yourself in court.
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Old 07-12-2012, 10:31 PM
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A 37mm launcher is perfectly legal.
In fact Tracy Rod and Gun carries one of the models by Spike's Tactical.

If you have a bullet button, you can attach a 37mm with no legal issues.

Why is a 37mm a flare launcher?
Because the 37mm platform was never designed to fire lethal or explosive ammunition and such ammunition is not commonly manufactured for it. They were originally used to fire tear gas, smoke, signalling, and flash devices.

So long as there are no "anti-personnel" rounds in your possession, there is no legal issue here. Anti-personnel rounds include those firing rubber balls, wooden pellets, bean bags, shot, and flechettes (sp?).
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Old 07-12-2012, 10:31 PM
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Lots of Californians legally own 37mm flare launchers.

You wouldn't be a guinea pig.
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  #20  
Old 07-12-2012, 10:36 PM
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Quote:
Originally Posted by wash View Post
Lots of Californians legally own 37mm flare launchers.

You wouldn't be a guinea pig.
I know a woman from work who's husband has one for his boat.
Someone was reading a story about a bunch of weapons being seized and they called one of them a "grenade launcher". I asked what brand and he said "it doesn't say - it just says it's a 37mm grenade launcher". She immediately replied "Ooh, my husband has one of those!".

For obvious reasons I took a moment to explain that a 37mm launcher wasn't illegal.
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Old 07-12-2012, 10:49 PM
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Quote:
Originally Posted by Lugiahua View Post
just wondering, how is 37mm not a destructive device while 40mm is?
There are a number of grenade launchers in 30 or 35mm...

Or it's just like many other outdated definition?
Under Federal laws/regulations...
A 37mm signal/chemical launcher is not a Destructive Device.
It is legal when used with signal type rounds (flares, smoke, chalk, etc) and chemical type rounds (tear gas, pepper, etc).

However, per ATF Ruling 95-3...
A 37mm signal/chemical launcher will become a Destructive Device when used with or possessed with anti-personnel type rounds (explosive, incendiary, impact, etc).


Per CA laws...
Signal devices are exempt from being a Destructive Device.

So, a 37mm launcher with signal type rounds (flares, smoke, chalk, etc) is exempt from being a Destructive Device.

But, a 37mm launcher with chemical type rounds (tear gas, pepper, etc) or anti-personnel type rounds (explosive, incendiary, impact, etc) is considered a Destructive Device.



Penal Code 16460
(a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "destructive device" includes 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.
(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 that 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) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).
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Last edited by Quiet; 07-12-2012 at 10:53 PM..
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Old 07-12-2012, 10:54 PM
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The fud in here reminds me why I quit coming to this site.
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Old 07-12-2012, 11:28 PM
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Originally Posted by slappomatt View Post
The fud in here reminds me why I quit coming to this site.
So you came onto this site just to say that ? If theres so much FUD in here why dont you chime in since your all knowing , just sign back out
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Old 07-12-2012, 11:32 PM
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Quote:
Originally Posted by Quiet View Post
Under Federal laws/regulations...
A 37mm signal/chemical launcher is not a Destructive Device.
It is legal when used with signal type rounds (flares, smoke, chalk, etc) and chemical type rounds (tear gas, pepper, etc).

However, per ATF Ruling 95-3...
A 37mm signal/chemical launcher will become a Destructive Device when used with or possessed with anti-personnel type rounds (explosive, incendiary, impact, etc).


Per CA laws...
Signal devices are exempt from being a Destructive Device.

So, a 37mm launcher with signal type rounds (flares, smoke, chalk, etc) is exempt from being a Destructive Device.

But, a 37mm launcher with chemical type rounds (tear gas, pepper, etc) or anti-personnel type rounds (explosive, incendiary, impact, etc) is considered a Destructive Device.



Penal Code 16460
(a) As used in Sections 16510, 16520, and 16780, and in Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, "destructive device" includes 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.
(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 that 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) A bullet containing or carrying an explosive agent is not a destructive device as that term is used in subdivision (a).
Thanks, this is what I was looking for...
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Old 07-13-2012, 12:57 AM
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Originally Posted by evfrat View Post
Thanks, this is what I was looking for...
So you want a flare launching grenade launcher that can no longer launch grenades because it "looks cool", or because it would be used for a practical purpose? I guess to each his own.
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Old 07-13-2012, 4:48 AM
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Originally Posted by mmayer707 View Post
So you want a flare launching grenade launcher that can no longer launch grenades because it "looks cool", or because it would be used for a practical purpose? I guess to each his own.
No more spot-lighting Coyotes on private land, flare 'em.
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Old 07-13-2012, 5:11 AM
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Quote:
Originally Posted by evfrat View Post
Is 37mm grenade launcher such as this one - http://www.firequest.com/FJ735.html - legal in California? Also is it legal together with CA-legal AR15?

Thanks!
IMO, why hasn't the title of this thread been changed to 37mm "Flare Launcher"?
You're asking about and pointing to a flare launcher, NOT a Grenade Launcher.

It's like asking if a Formula 1 Indy race car is street legal while inquiring about a Pinto.

Oh, and welcome to Calguns.
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Old 07-13-2012, 7:07 AM
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Quote:
Originally Posted by mmayer707 View Post
So you want a flare launching grenade launcher that can no longer launch grenades because it "looks cool", or because it would be used for a practical purpose? I guess to each his own.
Because it looks cool! What practical purpose do you think grenade launcher can serve to me? Or even AR15 for that mater... Last time I used anything like that for its intended purpose was 2003 and it was pretty far from California. I do not hunt, and these days I shoot only paper with it - just like 99.99% AR15 owners.
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Old 07-13-2012, 7:26 AM
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Quote:
Originally Posted by evfrat View Post
Because it looks cool! What practical purpose do you think grenade launcher can serve to me? Or even AR15 for that mater... Last time I used anything like that for its intended purpose was 2003 and it was pretty far from California. I do not hunt, and these days I shoot only paper with it - just like 99.99% AR15 owners.
Be sure to shoot it where Senator Yee can see you.
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Old 07-13-2012, 7:28 AM
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Quote:
Originally Posted by GOEX FFF View Post
IMO, why hasn't the title of this thread been changed to 37mm "Flare Launcher"?
You're asking about and pointing to a flare launcher, NOT a Grenade Launcher.

It's like asking if a Formula 1 Indy race car is street legal while inquiring about a Pinto.

Oh, and welcome to Calguns.
Ok it's a bit but he 1.6 motor used in Pinto's were in fact the 1.6 Kent formula Ford blocks.
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Old 07-13-2012, 7:32 AM
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Quote:
Originally Posted by slappomatt View Post
The fud in here reminds me why I quit coming to this site.
Quote:
So you came onto this site just to say that ? If theres so much FUD in here why dont you chime in since your all knowing , just sign back out and STFU plz
I think what slappomatt may be trying to say is that a lot of people here just blab and post what they think are the "facts" when they don't have any idea what they're talking about. There is a little of that in this thread.
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Old 07-13-2012, 7:35 AM
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37mm flare lanchers are perfectly legal in CA without any extra paperwork.

40mm gernade launchers are perfectly legal in CA with a SHALL ISSUE destructive devise collector's permit.
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Old 07-13-2012, 9:05 AM
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Quote:
Originally Posted by mmayer707 View Post
No, and no.
You're completely wrong. They are more than legal



Quote:
Originally Posted by mmayer707 View Post
Yup, same goes for Masterkey's. Damn, that would be cool if we could have an ol' shotty hooked up to the AR though.
You can... Go talk to EBRWORKS, he's a member here. He'll set you up with the paperwork for an NFA trust to get a remington 870 AOW. That can than be mounted to your AR and NOT be considered part of the AR, iirc.
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  #34  
Old 07-13-2012, 9:33 AM
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Originally Posted by alfred1222 View Post
You're completely wrong. They are more than legal





You can... Go talk to EBRWORKS, he's a member here. He'll set you up with the paperwork for an NFA trust to get a remington 870 AOW. That can than be mounted to your AR and NOT be considered part of the AR, iirc.
My bad, in my defense when I clicked on the link I thought I was looking at a grenade launcher, not a flare launcher. The OP did state he was wondering if you could attach a grenade launcher which you definitely cannot (unless it can only shoot flares and no longer can accommodate grenades). As far as the 870, I honestly did not know that. Nice looking shotgun though.
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  #35  
Old 07-13-2012, 9:42 AM
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legal and forget them wannabe m203's and look at the real deal ....

Randy Shivak
m203


m79


37mm smooth bore barrels



only issue is that these are the real deal even with 37mm barrel and you have to run the reciever threw a FFL as a title 1 weapon ....

one of these days i will be able to get a m79 myself ......
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  #36  
Old 07-13-2012, 9:58 AM
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umm..why do you want one..
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  #37  
Old 07-13-2012, 10:20 AM
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Originally Posted by SNCaliber View Post
umm..why do you want one..
i want one in memory of my brother that carried a M79 in Vietnam
and if i ever get to a free state would have it converted to a DD and blow stuff up .....lol
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Old 07-13-2012, 5:16 PM
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CSACANNONEER CSACANNONEER is offline
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Originally Posted by Jeepers View Post
i want one in memory of my brother that carried a M79 in Vietnam
and if i ever get to a free state would have it converted to a DD and blow stuff up .....lol
Why wait? You could LEGALLY own a NFA DD in CA with a "CA DD Collector's Permit". It's "shall issue"!!!!!!!!!!!!!!!!!
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  #39  
Old 07-13-2012, 5:22 PM
Lagduf Lagduf is offline
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Quote:
Originally Posted by Jeepers View Post
legal and forget them wannabe m203's and look at the real deal ....

Randy Shivak
m203


m79


37mm smooth bore barrels



only issue is that these are the real deal even with 37mm barrel and you have to run the reciever threw a FFL as a title 1 weapon ....

one of these days i will be able to get a m79 myself ......
I want a 37mm M79 so bad. I'm surprised no one makes a reproduction? That said, how much does an M79 receiver cost?
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Originally Posted by Gio
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  #40  
Old 07-13-2012, 5:29 PM
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We continue to be our own worst enemy.
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