This section contains our liability release and a selection of Federal rules concerning 37mm launchers. It is important that you read what follows, not all of it is intuitive. For example, owning a non-lethal baton round in conjunction with a launcher makes that launcher a Destructive Device. Failure to register such a device has dire legal consequences.
Read on ...
Our Buyers Statement & Liability Release:
Ordnance Group LLC (dba ExoticAmmo.com) requires your agreement to the following buyers statement & liability release. By placing an order with us you certify that you have read, understand and agree to the sales conditions and liability release as follows:
(a) I am 21 years of age or older, fully and legally qualified to receive merchandise ordered; (b) I am not prohibited from receiving ammunition or other products pursuant to 18 U.S. Code § 922 d; (c) I fully understand that merchandise ordered may be dangerous to use or store and I understand the nature, safety precautions, characteristics and risks to health, of storage, use or other and personal control; (d) I will keep all merchandise completely under my control; (e) I will use and/or store all merchandises out of the reach of children and in full compliance with local, state and federal laws; (f) I understand that neither Ordnance Group llc, nor any employee, agent or in any part thereof extend any warranties expressed or implied or to make any statement of usage; (g) I fully, without reservation or condition, agree to absolve and hold harmless and indemnify Ordnance Group llc, all employees, agents or any in part thereof from all injuries resulting in any way from the purchase, use, possession, distribution, sale/resale, transportation, handling and/or storage of merchandise or items/substances made from same; (h) I furthermore agree to reimburse Ordnance Group llc or any agent thereof for any and all cost, fees or expenses in defense of any claims or judgments that may arise as a result from the purchase, transportation, handling, possession, storage, sale/resale and/or use of merchandise ordered.
I agree that all terms and conditions of this statement and sale apply equally to all purchases, past, present and future as well as orders called in by telephone. I have read, understand and agree fully, without reservation or condition listed herein and signify such understanding and agreement by placing an order.
The Federal Government on purchasing ammunition:
Federal law prohibits an individual from acquiring or possessing ammunition if he or she:
1. has been convicted of a crime punishable by more than one year imprisonment,
2. is a fugitive from justice,
3. unlawfully uses or is addicted to any controlled substance,
4. has been adjudicated as a mental defective or has been committed to a mental institution,
5. is an alien illegally in the United States or an alien admitted under a non immigrant visa,
6. has been discharged from the Armed Forces under dishonorable conditions,
7. has renounced his U. S. citizenship,
8. is subject a court order restraining him from harassing, stalking, or threatening an intimate partner or such partner's child, or
9. has been convicted of a domestic violence crime.
The law also prohibits anyone under indictment or information for a crime punishable by imprisonment for a term exceeding one year from lawfully acquiring ammunition (18 USC 922(g) and (n), 27 CFR 478. 32). But he may continue to lawfully possess ammunition obtained before the indictment or information, according to the Bureau of Alcohol Tobacco and Firearms (BATF).
Federal Age Requirements For Ammunition:
Under federal law, it is illegal to sell (1) long gun ammunition to anyone under age 18 and (2) handgun ammunition to anyone under age 21 (18 USC 922(b)(1), 27 CFR 478. 99(b)). According to BATF, a licensee may sell interchangeable ammunition such as a . 22 cal. rimfire to a person less than age 21 (but age 18 or older) if the dealer is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the 21-year-old minimum age requirement applies.
LAUNCHERS AND THE LAW
Firearms laws are complicated and vary from jurisdiction to jurisdiction. That said, we are unaware, as of the writing of this document (5/2017), of any local or Federal law that regulates 37mm launchers.
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. 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:
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.
Chapter 44, and the National Firearms Act, 26 U.S.C.
Adaptors to allow the use of different caliber ammunition with 37mm launchers are widely available. If you use any "real" ammunition (ie. lead projectile rounds or shot) you are likely violating ATF rules. 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. Maybe you are right. We don't think it is worth the effort to find out. See the ATF determination below.
May 4, 2006 BATF 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. There are two sizes of inserts available; one size for a 12 gauge flare launcher and one for a 25mm launcher. These insets are smooth bore and capable of accepting a variety of different types of conventional ammunition. 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). 26 U.S.C. § 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. 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. In the case of a violation by an organization, the maximum penalty is a $500,000 fine. In addition, 18 U.S.C. §2 provides that a person who knowingly aids and abets another person in the commission of an offense is also responsible for the offense. Thus, the sale of components in violation of § 5861(d) may place the seller in violation of 18 U.S.C. § 2, as well.
There are also, doubtless, various statues around the country that relate to shooting distress flares over water when there is no emergency. As with most things, know the law and don't do anything foolish.