37mm discussion

**Zombie Don** · May 31st, 2011, 01:46 PM

Back in December I bought at a gun show in Harrisburg an M4 with a 37mm launcher attached.
I recently bought super breakers on mr37mm.com. Super Breakers are basically fire works for the launcher.
Over the weekend, my dad and I got into a discussion about launching these. He has a good bit of land in Perry County with the closest house being 300 yards or more away. I mentioned about bringing them up for the 4th of July and shooting a few into the air for a mini fire works display. I told them that the launcher is perfectly legal to own and that I wouldn't be able to fire the breakers or even purchase them if they weren't legal for me to own, but he disagreed.

So my questions are; Are Super Breaker legal to fire out of the launcher? Is it legal to purchase Super Breakers? I just need some verification on this as I don't want anyone getting in trouble (my father for being the property owner and myself for owning these items)

Google searching PA laws with 37mm launchers isn't a popular item on the search engine.

**Ricochet** · May 31st, 2011, 01:50 PM

Did you check PA firework laws?
The Superbrakers would probably fit onto the classification of air bursts or mortars.

**bige64** · May 31st, 2011, 02:32 PM

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, ammunition designed to
be used against individuals is available for these 37/38 mm
devices. This "anti-personnel" ammunition consists of cartridges
containing wood pellets, rubber pellets or balls, and bean bags.

When a gas/flare gun is possessed with "anti-personnel" type
ammunition, it clearly becomes an instrument of offensive or
defensive combat and is capable of use as a weapon. Since these
gas/flare guns have a bore diameter of greater than one-half inch,
fire a projectile by the means of an explosive, and, when possessed
with "anti-personnel" ammunition, are capable of use as weapons,
the combination of the gas/flare gun and "anti-personnel"
ammunition is a destructive device as defined in the GCA and NFA.
As a result, registration as a destructive device is required. Any
person possessing a gas/flare gun with which "anti-personnel"
ammunition will be used must register the making of a destructive
device prior to the acquisition of any "anti-personnel" ammunition.
In addition, the gas/flare guns are classified as firearms as
defined by the GCA when possessed with "anti-personnel" type
ammunition.

Each gas/flare gun possessed with anti-personnel ammunition
will be required to be identified as required by law and
regulations (27 C.F.R. section 178.92 and 179.102), including a
serial number. Any person manufacturing the gas/flare gun and the
"anti-personnel" ammunition must, if selling them in combination,
have the appropriate Federal firearms license as a manufacturer of
destructive devices and must have paid the special (occupational)
tax as a manufacturer of National Firearms Act firearms. Any person
importing the gas/flare gun and the "anti-personnel" ammunition
must, if importing them in combination, have the appropriate
Federal firearms license as an importer of destructive devices and
must have paid the special (occupational) tax as an importer of
National Firearms Act firearms.

Further, the "anti-personnel" ammunition to be used in the
gas/flare launchers is ammunition for destructive devices for
purposes of the GCA. Any person manufacturing the "anti-personnel"
ammunition must have the appropriate Federal firearms license as a
manufacturer of ammunition for destructive devices. Any person
importing the "anti-personnel" ammunition must have the appropriate
Federal firearms license as an importer of ammunition for
destructive devices.

From ATF website...

I have yet to really find any PA law pertaining to the use of 37mm flares/smokes/or pyrotechnic rounds. So in my mind unless I come across a law on the books is that the sky bangers are just like flares.

I will have smokes, flares, and the sky bangers for sale at the Harrisburg gunshow in 2 weeks.

IANAL!!!

**bige64** · May 31st, 2011, 02:37 PM

Originally Posted by Ricochet

Did you check PA firework laws?
The Superbrakers would probably fit onto the classification of air bursts or mortars.

37mm devices are classified for signaling purposes. I dont believe they would fall under PA fireworks laws.

**Zombie Don** · May 31st, 2011, 04:42 PM

Originally Posted by bige64

From ATF website...

I have yet to really find any PA law pertaining to the use of 37mm flares/smokes/or pyrotechnic rounds. So in my mind unless I come across a law on the books is that the sky bangers are just like flares.

I will have smokes, flares, and the sky bangers for sale at the Harrisburg gunshow in 2 weeks.

IANAL!!!

I wasn't planning on going to the Harrisburg show in two weeks, but I may have to now.

**ungawa** · May 31st, 2011, 07:01 PM

Could this be considered an explosive DD? I'm assuming the charge is more than 1/4 (?) oz. I think bird bombs meet the DD definition but have an exception for agricultural use. Not sure about any of this, what do yins think?

**bige64** · May 31st, 2011, 07:28 PM

Originally Posted by ungawa

Could this be considered an explosive DD? I'm assuming the charge is more than 1/4 (?) oz. I think bird bombs meet the DD definition but have an exception for agricultural use. Not sure about any of this, what do yins think?

I know all the 37mm rounds I sell are under the 1/4oz limit. The bird bombs have recently been reclassified by the ATF and are now regulated items.