In the case of a violation by an organization, the maximum penalty is a $500,000 fine. Violation of the cited section by an individual is a felony subject to a maximum penalty of 5 years imprisonment and/or a fine of $250,000. § 5861(d) states that it is unlawful to receive or possess an NFA firearm which is not registered in the National Firearms Registration and Transfer Record. ![]() It is the determination of FTB that if these inserts are installed in a flare launcher or are possessed with a flare launcher they would be classified as an “Any Other Weapon,” which is a firearm subject to the provisions of the National Firearms Act (NFA). These insets are smooth bore and capable of accepting a variety of different types of conventional ammunition. There are two sizes of inserts available one size for a 12 gauge flare launcher and one for a 25mm launcher. See the ATF determination below.īATF Determination: FLARE INSERT – ANY OTHER WEAPON ATF’s Firearms Technology Branch (FTB) is aware of an insert/sleeve designed to be installed in an Orion 25mm/12 gauge flare launcher that allows the use of conventional ammunition in these flare launchers. FTB was contacted by Orion, who indicated that these flare launchers are not designed to accept standard ammunition, and that the use of an adapter in conjunction with conventional ammunition would likely result in a catastrophic failure of the flare launcher. We don't think it is worth the effort to find out. You may disagree and there is an easy way to find out: ante up $10,000 for legal fees and be prepared to spend a few nights in durance vile. lead projectile rounds or shot) you are likely violating ATF rules. Chapter 53.Īdaptors to allow the use of different caliber ammunition with 37mm launchers are widely available. Chapter 44, and the National Firearms Act, 26 U.S.C. ![]() 37/38 mm gas/flare guns possessed with cartridges containing wood pellets, rubber pellets or balls, or bean bags are classified as destructive devices for purposes of the Gun Control Act, 18 U.S.C. ![]() section 921(a)(4)) is identical to that in the NFA. ATF has previously held that devices designed for expelling tear gas or pyrotechnic signals are not weapons and are exempt from the destructive device definition However, ATF Ruling 95-3 specifically states: The BATF has ruled: Section 5845(f)(3) excludes from the term "destructive device" any device which is neither designed or redesigned for use as a weapon and any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device. The definition of "destructive device" in the GCA (18 U.S.C. That said, we are unaware, as of the writing of this document (11/2013), of any local or Federal law that regulates 37mm launchers. Firearms laws are complicated and vary from jurisdiction to jurisdiction.
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