Assault weapon???

jlotta

jlotta

Joined
Nov 19, 2007
Messages
174
Likes
1
Location
The end of 128
Feedback: 0 / 0 / 0
Technically, is a grenade launcher an "assault weapon". I'm not saying it's practical or that there is anyplace to let er rip but think about it, it meets none of the criteria.
1 shot at a time
NO detachable magazine
NO full auto
NO bayonet
NO folding stock(depending on model)
In case you're wondering I was introduced to Knight Armament today and man, they have some nice toys.I realize their launcher has collapsible stock.
Now that I have laid out my case, when can I get one?[smile]
 
You mean a stand alone grenade launcher? I think that's classified as a "destructive device" under the NFA, so it'd be a class III device (i.e. similar restrictions to a full auto gun).
 
jdubois, where did this law come from?(sarcasm) Every time I think I have a leg up on these state officials they beat me to it.[frown]It must be harder to get than just a class III permit,right?
 
jlotta said:
jdubois, where did this law come from?(sarcasm) Every time I think I have a leg up on these state officials they beat me to it.[frown]It must be harder to get than just a class III permit,right?
Click to expand...

It's federal law, not state law. Look up the National Firearms Act of 1934 and the Gun Control Act of 1968. It's been a while since I really looked at that stuff, so you'd be wise to do a bit of research before you believe my estimate of the situation.
 
jdubois said:
You mean a stand alone grenade launcher? I think that's classified as a "destructive device" under the NFA, so it'd be a class III device (i.e. similar restrictions to a full auto gun).
Click to expand...

http://37mm.com/

Not a DD if used to shoot pyrotechnics...

http://37mm.com/legal/federal1.asp

From James O. Bardwell's ([email protected]) FAQ On National Firearms Act Weapons

"Smooth bore 37mm projectile launcher - not a DD. Not even a title 1 firearm. This item falls under the "not a weapon" (signaling device) exception, I believe. Generally a large bore device for which no anti-personnel ammo has ever been made will NOT be a DD. This used to be true of the 37mm guns. However, according to ATF, some folks have started making anti-personnel rounds for these guns, and ATF has ruled that possession of a 37mm launcher and a bean bag or rubber shot or similar round is possession of a DD, and at that point the launcher needs to be registered. Put another way, before you make or buy anti-personnel rounds for your 37mm launcher, register it as a DD. The rounds themselves, not being explosive, incendiary or poison gas, are not regulated in themselves either. It is just the two together. See ATF Ruling 95-3."

Section 5845(f), Title 26, U.S.C., classifies certain weapons as "destructive devices" which are subject to the registration and tax provisions of the NFA. Section 5845(f)(2) provides as follows:

(f) Destructive device.--The term "destructive device" means * * *

(2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary or his delegate finds is generally recognized as particularly suitable for sporting purposes; ..."

A "sporting purposes" test which is almost identical to that in section 5845(f)(2) appears in 18 U.S.C. § 925(d)(3). This provision of the Gun Control Act of 1968 (GCA) provides that the Secretary shall authorize a firearm to be imported into the United States if the firearm is "generally recognized as particularly suitable for or readily adaptable to sporting purposes." With the exception of the readily adaptable' language, this provision is identical to the sporting shotgun exception to the destructive devices definition. The definition of "destructive device" in the GCA (18 U.S.C. § 921(a)(4)) is identical to that in the NFA.

Classification of Gas/Flare Guns with Anti-Personnel Ammunition as Destructive Devices
Recently ATF issued ATF Ruling 95-3, holding that 37/38 mm gas/flare guns possessed with "anti-personnel" ammunition, consisting of cartridges containing wood pellets, rubber pellets or balls, or bean bags are destructive devices as degined in the Gun Control Act and the National Firearms Act and require registration to be lawfully possessed.

Devices designed for expelling tear gas or pyrotechnic signals have been held to be exempt from the destructive device definition. However, when a gas/flare gun is possessed with "anti-personnel" ammunition, it is then capable of use as a weapon. Thus, it becomes a firearm and is no longer exempt from the destructive device definition.

Any person who will possess a gas/flare gun in combination with "anti-personnel" ammunition must register the making of a destructive device prior to the acquistion of both the gun and the "anti-personnel" ammunition. The gas/flare gun must be indentified must be identified with the required markings, including serial number. Any person engaged in the business of buying or selling the combination of the gas/flare gun and "anti-personnel" ammunition must have the appropriate Federal firearms license and/or have paid the appropriate special (occupational) tax.

If you have any questions regarding this matter, the entire text of the ruling is available in the ATF Quarterly Bulletin, Volume 3, 1995, and is reproduced below, or you may contact the National Firearms Act Branch at (202) 927-8330.
Click to expand...

I don't know what the legal status of the actual launcher is in MA, but the 37mm star clusters appear to come under the definition of "fireworks"...

http://37mm.com/legal/state.asp#mass
 
yeah destructive devices are illegal NFA in MA.

other states like NH and other states down south they are legal because some of my class 3 buddies have them. Regular registration to the ATF and a CLEO signoff needed but thats it.
fun to play with.

Rob
 
ateamrob said:
yeah destructive devices are illegal NFA in MA.

other states like NH and other states down south they are legal because some of my class 3 buddies have them. Regular registration to the ATF and a CLEO signoff needed but thats it.
fun to play with.

Rob
Click to expand...

Not true... DDs are good to go in MA. DDs that where made from shotguns with barrels less then 18 inches and not originally manufactured in that configuration are not OK. (For example, a Street Sweeper with a barrel less then 18 inches would not be legal in MA, but an unmodified Street Sweeper is fine.) Also, explosive DDs (like grenades) require additional Federal licensing beyond the NFA transfer, and depending on the explosive or configuration, additional State paperwork.

--EasyD
 
pdm said:
So it's the dreaded "any other weapon" and SBS that are the no-nos?
Click to expand...

AOWs and SBSs are fine as long as they aren't "covert weapons" or made from a shotgun with a barrel less then 18 inches...

"Sawed off shotguns" are defined in MGL Chapter 140, section 121, and there possession made illegal in MGL Chapter 269, section 10.

“Sawed-off shotgun”, any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.
Click to expand...

(c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, as defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a).
Click to expand...

So, no form 1 SBS or AOW shotguns with less then 18 inch barrels, but you can form 4 such a gun, if it was originally manufactured in that configuration. Both Remington and Mossberg sell factory made 14 inch AOWs and SBSs that are legal in MA.

--EasyD
 
Last edited:
Not true... DDs are good to go in MA. DDs that where made from shotguns with barrels less then 18 inches and not originally manufactured in that configuration are not OK. (For example, a Street Sweeper with a barrel less then 18 inches would not be legal in MA, but an unmodified Street Sweeper is fine.) Also, explosive DDs (like grenades) require additional Federal licensing beyond the NFA transfer, and depending on the explosive or configuration, additional State paperwork.

--EasyD
Click to expand...

I stand corrected.... that is true EasyD

[grin]
 

Similar threads

Chopping a 10/22 CT "assault weapon"?
Replies
4
Views
392
KBCraig
KBCraig
New CT 'Assault Weapons' registration now open....
2
Replies
34
Views
4K
sbhaven
S
Registering our 'Assault Weapons'.....
Replies
10
Views
1K
allen-1
allen-1
Assault Weapon's Ban lawsuit.
2
Replies
31
Views
2K
Joeldiaz
J
2023 Assault Weapon Ban Questions
Replies
23
Views
1K
T-Unit
T
Back
Top Bottom