AT4 legal in CA?

[Swampcrip]

https://www.npr.org/2022/04/01/1090178116/rocket-launchers-bazooka-grenade-california-middle-school

[RickD427]

https://www.npr.org/2022/04/01/10901...-middle-school

No, They are not legal in California.

While its quite true that fiberglass tube has no remaining destructive properties one the projectile has been fired, we need to look at how California defines a "Destructive Device", and we also need to understand that California's definition may not reconcile very well with our "Common Sense" understanding of what is "Destructive." Here is the definition, quoted in relevant part from Penal Code section 16460(a)(2):

"Any bomb, grenade, explosive missile, or similar device or any launching device therefor"...

Under this definition, the launcher alone is a "Destructive Device."

[Quiet]

In order to be legal, they need to be demilled per BATFE specifications.

According to Federal laws/regulations, the M136/AT4 are not rendered inoperable once it is fired. It must be demilled according to BATFE specifications to be legally considered inoperable and legal for civilian ownership/possession.

Therefore, in order to be legal under Federal and CA laws, the Destructive Device (DD) needs to be rendered inoperable according to BATFE specifications.

If that M-136/AT-4 is not properly rendered inoperable, it can be confiscated by a CA LEO as a nuisance item [PC 19000] and the person who possess it can be arrested/charged with possession of a DD [PC 18710].

Per BATFE specifications...
The M136/AT4 launcher can be rendered inoperable by using one of the following approved methods:
• Cut a hole, equal to the diameter of the bore, on a 90-degree angle to the axis of the bore, through one side of the barrel in the high pressure (chamber) area.
• Weld an obstruction into the barrel to prevent the introduction of a round of ammunition.



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

Penal Code 18710
(a) Except as provided by this chapter, any person, firm, or corporation who, within this state, possesses any destructive device, other than fixed ammunition of a caliber greater than .60 caliber, is guilty of a public offense.
(b) A person, firm, or corporation who is convicted of an offense under subdivision (a) shall be punished by imprisonment in the county jail for a term not to exceed one year, or in state prison, or by a fine not to exceed ten thousand dollars ($10,000), or by both this fine and imprisonment.

Penal Code 19000
(a) Possession of any destructive device in violation of this chapter is a public nuisance.
(b) The Attorney General or district attorney of any city, county, or city and county may bring an action in the superior court to enjoin the possession of any destructive device.
(c) Any destructive device found to be in violation of this chapter shall be surrendered to the Department of Justice, or to the sheriff or chief of police, if the sheriff or chief of police has elected to perform the services required by this section. The department, sheriff, or chief of police shall destroy the destructive device so as to render it unusable and unrepairable as a destructive device, except upon the filing of a certificate with the department by a judge or district attorney stating that the preservation of the destructive device is necessary to serve the ends of justice.

[sigstroker]

There is no high pressure area in an AT4 launcher I thought. The charge that kicks the missile out of the tube is pretty low pressure, in gun terms. It's just fiberglass, right?

[RickD427]

There is no high pressure area in an AT4 launcher I thought. The charge that kicks the missile out of the tube is pretty low pressure, in gun terms. It's just fiberglass, right?

Yup, but its still a "launcher" and therefore also a "Destructive Device."

[CheapBloke]

AT4 could be converted to fire 9mm rounds, for training purposes.

Although I never fired the 9mm versions, but have seen them in service.

[jon94520]

Saw the title and thought you were talking about the GMC truck.