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37mm ammunition in CA

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  • grammaton76
    Administrator
    CGN Contributor - Lifetime
    • Dec 2005
    • 9511

    37mm ammunition in CA

    So, just picked up my Spike's launcher.

    1. I'm well aware I can do flares and smoke. It's a signalling device.
    2. I'm well aware I can't do anything which would be classified as anti-personnel, including chalk rounds.

    However, I find myself wondering about the "breaker" rounds and "super breaker" rounds. For the uninitiated, these are effectively 37mm flares which explode like fireworks.

    The question is, whether CA considers breakers to be fireworks, or simply a different kind of signaling flare (one which actually lets out noise to further draw attention)? I can see a case made for both directions.

    Example:


    Order# FQ38399 Whether for boating or hunting emergencies, re-enactments, highway breakdowns, or just keeping those pesky critters out of the corn field, our Starburst Flares, Smoke Generators and Single Breaker Flares can come in very handy. The Starburst gives off a long lasting, maximum intensity red light. These projectiles will fire approximately 100-150 ft into the air before burst. These should only be used in an open foliage area due to extreme fire hazard! These are the only recommended types of 37mm ammo to be used with the launchers in this catalog.HAZMAT DISCLAIMER The Department of Transportation (DOT) requires a $30.00 handling charge for each package containing Hazardous Materials. HAZMAT items will be shipped via FEDEX Ground only. There is NO 2nd Day or Next Day shipment on HAZMAT materials or Ammunition. If you have questions call our customer service number: 1-870-881-8488. FedEx requires a signature upon delivery for ALL HAZMAT ITEMS!*Note The Hazmat Charge is per package sent, not per item. You will be charged the same Hazmat fee whether you order 2 Hazmat items or 100 Hazmat Items.


    Says "fireworks". Says "flare". That's like a flash hiding muzzle brake and I would tend to figure fireworks. But, a flare itself could sorta be thought of as fireworks too but they're legal...
    Last edited by grammaton76; 07-02-2010, 6:38 PM.
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  • #2
    Chief-7700
    Veteran Member
    • May 2008
    • 3382

    A recognized Authority for 30 yrs. Exclusively weapon related legal issues. Firearms, Weapons, Explosives. DOJ, ATF & local matters.

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    • #3
      grammaton76
      Administrator
      CGN Contributor - Lifetime
      • Dec 2005
      • 9511

      Much appreciated. Wish it'd go into whether the prosecutions were successful or not, though.

      Relevant section quoted:

      The BATF has sent out a letter
      stating that these launchers are considered both firearms and destructive devices when they are possessed along with
      "anti-personnel ammunition" such as riot control cartridges containing wood pellets, rubber pellets or balls, or bean bags.
      However, this same BATF letter also states that these launchers are neither firearms nor destructive devices (and
      therefore not subject to federal control) when possessed only with pyrotechnic (e.g. "bird bombs" or "star burst distress
      flares") or tear gas cartridges. The potential “legal trap" is that there have been prosecutions in California for
      possession of these 37mm launchers that were possessed only with pyrotechnic cartridges. Why? Aggressive District
      Attorneys have used the broadly worded California definitions of destructive devices and fireworks
      to prosecute California
      gun owners who assumed these items were legal because they were able to acquire them from commercial sources.
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