Eleanor Finch
The classification of a 37mm launcher as a destructive device depends on its intended use and the type of ammunition. If a 37mm launcher is to be used against another person, it may be classified as a destructive device, regardless of the ammunition type. Under U.S. federal law, 37mm launchers are not classified as firearms under the National Firearms Act (NFA) as long as they are used for signaling purposes with flares, smoke rounds, or other non-lethal and less-lethal ammunition. However, possessing or using anti-personnel rounds such as wood pellets, rubber pellets, or bean bags changes the classification to a destructive device, requiring registration with the ATF. To remain exempt from destructive device classification, each 37mm round must not exceed specific gunpowder limits, typically reserved for anti-personnel rounds, which are generally considered destructive devices.
| Characteristics | Values |
|---|---|
| Launcher type | 37mm launcher |
| Launcher classification | Not a firearm under the National Firearms Act (NFA) as long as it is used for signaling purposes. |
| Launcher registration | Not required unless used as a destructive device. |
| Round capacity | Non-lethal and less-lethal ammunition |
| Round type | Flares, smoke rounds, and other signaling rounds |
| Anti-personnel rounds | Wood pellets, rubber pellets or balls, bean bags, buckshot, flechettes, batons, and other anti-personnel rounds |
| Round weight | Must not exceed 109 grains (about 7 grams or 0.5 ounces) of black powder or other propellants |
| Explosive payload | A round with an explosive payload of over 0.25 ounces (7.1 grams) would be classified as a destructive device |
| Registration benefits | Possibility to create rounds with bigger and louder effects without legal repercussions |
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What You'll Learn
Anti-personnel rounds
37mm launchers are a common launching system for non-lethal and less-lethal ammunition. They are often referred to as "gas guns" because they were originally used by police to launch tear gas projectiles. 37mm rounds can be fired from standalone launchers, M203-style launchers mounted on rifles, and other devices.
In the United States, 37mm launchers are exempt from the National Firearms Act of 1934, as long as no anti-personnel rounds are in the user's possession. Only non-anti-personnel rounds may be possessed or used. If anti-personnel rounds are to be fired from a 37mm launcher, the launcher must be registered with the BATFE as a destructive device.
The BATFE defines anti-personnel rounds as cartridges containing wood pellets, rubber pellets or balls, or bean bags. These rounds are not considered destructive devices, but they are not readily available to non-government purchasers. A round containing an explosive payload of over 0.25 ounces (7.1 g) would be classified as a destructive device and would require BATFE registration.
The ARWEN 37 is a less-lethal 37mm launcher that can deploy a variety of munitions, including:
- AR-1: A polymer baton intended to inflict blunt force trauma on living tissue at ranges up to 100 meters.
- AR-2: An aluminum canister that deploys a large quantity of pyrotechnic smoke and a payload of chemical irritant in the form of micronized CS.
- AR-3: A polymer baton similar to AR-1, but also containing a payload of chemical irritant in the form of CS or OC powder to contaminate the target when struck.
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Registration requirements
Under US federal law, 37mm launchers are not classified as firearms under the National Firearms Act (NFA) and do not require registration with the ATF, as long as they are used solely for signalling purposes. This includes the use of flares, smoke rounds, or other signalling rounds.
However, if a launcher is used with anti-personnel rounds, such as bean bag rounds, wood pellets, rubber pellets, or rubber bullets, it is then classified as a "destructive device" and requires registration with the ATF. This also applies if the launcher is intended to be used against another person, even if the type of round being used is not anti-personnel.
To register a 37mm launcher as a destructive device, a serial number provided by the ATF must be engraved on the launcher. This allows the use of rounds that make bigger and louder effects. Additionally, registering a 37mm launcher is far less expensive than a 40mm launcher, which is classified as a destructive device.
It is important to note that possession of a destructive device may be restricted or banned by some local and state laws.
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Legal classification
In the United States, 37mm launchers are not classified as firearms under the National Firearms Act (NFA) of 1934, as long as they are used solely for signalling purposes, such as firing flares, smoke rounds, or other non-lethal and less-lethal ammunition. In this configuration, they do not require registration with the ATF (Alcohol, Tobacco, and Firearms) and are not considered destructive devices.
However, if a 37mm launcher is used or possessed with anti-personnel rounds, such as wood pellets, rubber pellets or balls, or bean bags, it is classified as a destructive device and must be registered with the ATF. A round containing an explosive payload of over 0.25 ounces (7.1 grams) would also be classified as a destructive device and require ATF registration.
Intent also plays a significant role in the legal classification of a 37mm launcher. If it appears that an individual intends to use a launcher against another person, demonstrating intent to harm, the ATF may classify it as a destructive device, regardless of the type of round being used.
It is important to note that the legal classification of a 37mm launcher can vary depending on local and state laws, which may impose additional restrictions or bans on the possession and use of these devices.
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Round specifications
The 37mm launcher is a common launching system for non-lethal and less-lethal ammunition. It is typically smoothbore, as rifling can be detrimental to performance. The 37mm round is defined by its diameter, which measures 37mm across, a specification that applies to both the projectile and the casing.
Under U.S. federal law, 37mm launchers are not classified as firearms under the National Firearms Act (NFA) as long as they are used for signalling purposes. This includes the use of flares, smoke rounds, and other signalling rounds. The 37mm launcher is adaptable and can be used for search and rescue missions, emergency signalling, or crowd control.
To remain exempt from destructive device classification, each 37mm round must contain no more than 109 grains (about 7 grams or 1/2 ounce of black powder or other propellants. This includes both the lift and payload charges. If a round contains more than 0.25 ounces (7.1 grams) of explosive payload, it would be classified as a destructive device.
The use of anti-personnel rounds, such as wood pellets, rubber pellets or balls, or bean bags, will also change the classification of the launcher to a destructive device. These rounds are not readily available to non-government purchasers. High-explosive (HE) rounds are unavailable to the general public and are considered destructive devices, requiring a Federal Explosive permit and strict shipping and storage guidelines.
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Launcher history
The 37mm launcher has a rich history, dating back to World War I when it was used as a weapon. During World War II, it was used as an anti-tank gun and signalling device by various military forces. Its versatility and effectiveness in signalling and light artillery roles made it a valuable tool on the battlefield.
Over the years, the 37mm launcher has transitioned from a military tool to a sought-after item among collectors, emergency services, and firearms enthusiasts. It has found new life as a signalling device for emergency services, wildlife control, entertainment, and use in sporting events. The launcher's capability to launch different types of rounds, such as flares and smoke, over long distances with high visibility, makes it an invaluable tool in signalling and crowd control.
In the United States, 37mm launchers are not classified as firearms under the National Firearms Act (NFA) of 1934 as long as they are used solely for signalling purposes. Using or possessing anti-personnel rounds, such as wood pellets, rubber balls, or bean bags, changes the launcher's classification to a "destructive device" under the NFA.
To remain exempt from destructive device classification, each 37mm round must contain no more than 109 grains (about 7 grams or 1/2 ounce) of black powder or other propellants. 37mm launchers are also known as "gas guns" due to their original use by police for launching tear gas projectiles.
The 37mm launcher's history, adaptability, and effectiveness in various roles have cemented its place in the history of signalling and ammunition.
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