Customers acquiring goods, technical data and/or services from LTLGlobal (or any of our subsidiaries or affiliates) shall be responsible for obtaining any necessary U.S. or other government authorization required to ensure compliance with applicable export laws
Legal Issues Relating to 37mm Launchers
Exporters or logistics entities or firms that provide security for offshore venues have an interest in knowing the status of 37mm launchers in the
Firearms laws in the
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. Chapter 53.
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.
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.
37mm launchers have been removed from the ITAR list. The Department of State (DOS), Directorate of Defense Trade Controls has provided us a determination that our launchers are not subject to the jurisdiction of the DOS and hold the Export Control Classification Number 0A985. As such they fall under the jurisdiction of the Department of Commerce and require only an export permit (obtainable in 30 days) and not even that for 31 countries. Please contact us for documentation and further information.
- 37mm launchers are signaling devices, not firearms and as such are not subject to any federal licensing
- This is true, to the best of our knowledge and belief, in all states and municipalities
- Note well that these are NOT grenade launchers so laws making reference to grenade launchers are not relevant
- Possession of certain 37mm ammunition WITH a launcher makes the launcher a Destructive Device necessitating registration
- Possession of a launcher WITH adapters for pistol, rifle or shotgun ammunition require registration of the launcher
- One can freely export our launchers. An export permit from DOC may be required