Spikes 37mm M79 replica flare launcher.

[nitroxdiver]

[Quiet]

I have no idea of the legality of 37mm launchers in Ca. any more, but at one time they were legal to own so I thought i’d share.

AFAIK...

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).

Under CA laws...
Emergency/distress 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.

[nitroxdiver]

You are always an impressive source of valuable information Sir. Appreciate you taking time to comment.

I may end up registering mine as a DD eventually.


Sent from my iPhone using Tapatalk

[God Bless America]

Under CA laws...
Emergency/distress 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.

Flares are illegal pyrotechnics and exempt therefrom only when for emergency. Use of emergency flares is restricted.

[Quiet]

Flares are illegal pyrotechnics and exempt there from only when for emergency. Use of emergency flares is restricted.

This is true.
Same with smoke type rounds.

Use of any of the emergency signal rounds are restricted to emergency use only or in areas approved for their use.

There may also be additional CA restrictions on the type of flares needing to be approved by the CA Fire Marshal.
^Not totally sure on this info.

[jarhead714]

Are there manufacturers that make anti-personnel/material rounds in 37mm?

[Quiet]

Are there manufacturers that make anti-personnel/material rounds in 37mm?

Yes and they are typically restricted to Gov/Mil/LE only sales due to ATF Ruling 95-3.

Bean bag, rubber ball, rubber slug, rubber baton, foam baton, wood baton, barricade penetrator, and incendiary are all considered "anti-personnel" type rounds.

In the past there have been arrests for load your own 37mm cartridge kits that have been used to make "anti-personnel" explosive rounds.

[jarhead714]

Yes and they are typically restricted to Gov/Mil/LE only sales due to ATF Ruling 95-3.

Bean bag, rubber ball, rubber slug, rubber baton, foam baton, wood baton, barricade penetrator, and incendiary are all considered "anti-personnel" type rounds.

In the past there have been arrests for load your own 37mm cartridge kits that have been used to make "anti-personnel" explosive rounds.

Ok, so nothing you’d want used on you, but nothing like what’s available in 40mm. Got it.

[rp55]

Very cool. Had 2 of them in the weapon lockers of the FF I was on. They were made by TRW as I recall. I remember looking through the supply guides for it and there was a flechette round listed in there for it. Tried but could never talk WEPS into letting me order a crate.

[sigstroker]

You are always an impressive source of valuable information Sir. Appreciate you taking time to comment.

I may end up registering mine as a DD eventually.


Sent from my iPhone using Tapatalk

If you're willing to do that, I think you can just make your own M79 for real on a Form 1. If you buy HE rounds, each one is a DD and you have to hire a licensed expert to go with you when you fire it to detonate any unexploded rounds (yes, I looked into it years ago). But you can buy the orange chalk practice rounds and buckshot without any additional hassle.

[Quiet]

I may end up registering mine as a DD eventually.

If you're willing to do that, I think you can just make your own M79 for real on a Form 1. If you buy HE rounds, each one is a DD and you have to hire a licensed expert to go with you when you fire it to detonate any unexploded rounds (yes, I looked into it years ago). But you can buy the orange chalk practice rounds and buckshot without any additional hassle.

The problem with Title 2 DD and being a CA resident...

BATFE will not approve a Form 1 or Form 4 on a Title 2 DD from a CA resident, unless the applicant has a valid CA DOJ Dangerous Weapons Permit for DD.

A good cause is required to obtain a Dangerous Weapons Permit for DD.

That said, "collector" is still an acceptable good cause for a Dangerous Weapons Permit for DD.
However, as a condition of the "collector" good cause, is the stipulation that the DD will never be discharged/fired/expended.

All the locations where the DD will be stored needs to be registered with CA DOJ. The locations must have compliant storage requirements.
All the vehicles that will be used to transport the DD will need to be registered with CA DOJ. The vehicles must have compliant storage requirements.

Storing the weapon in a non-registered locations or transporting the weapon in a non-registered vehicle or using the weapon in a manner that is beyond the good cause for issuance of the Dangerous Weapons Permit is grounds for permit revokation and inventory being confiscated.

In addition, Dangersous Weapons Permits need to be renewed annually and permit holders are subject to CA DOJ BOF inspection audits.

Also...
In 04-2015, the BATFE ruled that all 40mm rounds are now Title 2 DD.
^This includes flares, practice, and chalk rounds.

[sigstroker]

He's not in CA.

[Zedrek]

I’ve been a Vietnam War history buff for almost 30 years and was always wanting an M-79. I was trying for a demilled version but no luck. The 37mm version looks good. Do you know where you can get the practice chalk rounds?

[nitroxdiver]

[ptoguy2002]

The Colt ones sold by AU (as well as a lot of LMT ones) are real M203 receivers, but since they've never had a barrel and aren't registered as destructive devices, they transfer as a title 1 firearm receiver, just like a stripped lower. The barrels (typically sold separately) are 37mm, so if you put on the M203 upper, it still isn't a destructive device.
There are some M79 receivers out there that are still virgin title 1 receivers, that you can do the same with. IIRC, Shivak sold 37mm M79 barrels as well.
Same concept.
On a practical note, the 37mm is useless. There are no rounds that arn't restricted in their use, like flares, legal in CA, or don't get into DD status federally. And any real M203 receiver with a 37mm barrel, the extractor is wrong, so won't work right anyway.