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That's not correct. If you can own a destructive device in your state, you buy a tax stamp and go through the NFA waiting process, just like a suppressor or SBR. Some ammunition for them such as explosive rounds are destructive devices in their own right and require their own individual $200 tax stamps.
 
Here's what i did. I found a LMT M203 receiver (no barrel) and purchased. Since it is the receiver only it transfers as a Title 1 firearm, basically like a typical hangun or rifle. The e-file a Form 1 with the ATF to make a NFA item. E-filed form 1`s are runnin about 4 weeks to process and approve. Once you have the form 1 back approved, then order the 40mm barrel and assemble. Then take to an engraver to have your info engraved.

Honestly, the harder part is getting 40mm practice rounds to shoot out of the thing.

Best,

AO
 
I have this vague recollection that 40mm was a grenade launcher (threw explosives) and a 37mm was a flare gun and you could get a M203 looking tube to mount on an AR in 37mm and not have to deal with the ATF.
 
Another option......

Colt made a limited run of M203s in 37mm. They are marked just as a original M203 would be and transfer as a normal Title 1 firearm. They are not cheap but do occasionally pop up on Gun Broker. Plus they shoot readily available 37mm rounds.

R0811-2T.jpg
 
I bought a LMT M203 reciever through Texas Machinegun and Ordnance. Transferred as a title 1 firearm at my FFL, then I e-filed the Form 1.

TXMGO has an option where they will engrave the reciever for you before they ship it.
 
Another option......

Colt made a limited run of M203s in 37mm. They are marked just as a original M203 would be and transfer as a normal Title 1 firearm. They are not cheap but do occasionally pop up on Gun Broker. Plus they shoot readily available 37mm rounds.

View attachment 687059

The problem with the 37mm is that you can't sub-cal them out and you cannot possess any "anti-personnel" rounds for them. All you can do is launch smoke and flares. It's my understanding that possessing like baton rounds or rubber shot on conjunction with a 37mm device puts you afoul of "constructive intent" of a DD as the launcher is no longer being used as a "signal device"

Kind of like why the flaregun cartridge inserts are illegal to use.
 
The problem with the 37mm is that you can't sub-cal them out and you cannot possess any "anti-personnel" rounds for them. All you can do is launch smoke and flares. It's my understanding that possessing like baton rounds or rubber shot on conjunction with a 37mm device puts you afoul of "constructive intent" of a DD as the launcher is no longer being used as a "signal device"

Kind of like why the flaregun cartridge inserts are illegal to use.

So the ExoticAmmo.com shotgun shell inserts that they produce cannot be used as well ?
 
So the ExoticAmmo.com shotgun shell inserts that they produce cannot be used as well ?

It's my understanding based on this ruling from the ATF that you cannot use any cartridges designed to be used against a person, like LTL, in your 37mm launcher.


18 U.S.C. § 921(a)(4): DESTRUCTIVE DEVICE26 U.S.C. § 5845(f)(2): DESTRUCTIVE DEVICE(Firearm having a bore of more than one-half inch in diameter)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.

https://www.atf.gov/file/97296/download
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).


In my opinion, other than saving $200 there is no advantage to get a 37mm over a 40mm
 
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