Is 37mm grenade launcher legal in CA?

[Lugiahua]

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.

[dmax11]

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.

[db42]

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?).

[wash]

Lots of Californians legally own 37mm flare launchers.

You wouldn't be a guinea pig.

[db42]

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.

[Quiet]

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Or it's just like many other outdated definition?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).

[slappomatt]

The fud in here reminds me why I quit coming to this site.

[chillincody]

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

[evfrat]

Thank you

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...

[mmayer707]

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.

[advocatusdiaboli]

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.

[GOEX FFF]

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.

[evfrat]

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.

[NotEnufGarage]

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.

[tuolumnejim]

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.