Quoted:
Let's say one has a redgestered D.D. 37 mm launcher. The same person makes a fragmatation projectiles but keeping the bursting charge under 1/4 oz. The fragments will be steel bb or the like.
Would this be legal to have shoot?
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It is my opinion that each of the 'Fragmentation Projectiles' would each be a
DESTRUCTIVE DEVICE based on the following:
The National Firearms Act regulates a destructive device. Destructive device refers to a firearm or explosive device such as grenades, mines, missiles, weapons and semi-automatic shotguns. Few states have banned transfer of destructive devices to civilians, although federal laws allow destructive devices. Military officers and law enforcement officers are permitted possession of such devices.
“The term 'destructive device' means
(1)
any explosive, incendiary, or poison gas
[1](A) bomb,
[1](B) grenade,
[1](C) rocket having a propellent charge of more than four ounces,
[1](D) missile having an explosive or incendiary charge of more than one-quarter ounce,
[1](E) mine, or
[1](F)
similar device;
(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 finds is generally recognized as particularly suitable for sporting purposes; and
(3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled.
The term 'destructive device' shall not include any device which is neither designed nor redesigned for use as a weapon; 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; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.” (26 USCS § 5845)
Additionally there is this:
http://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-95-3.pdf
Further, the “anti-personnel” ammunition to be used in the gas/flare launchers is ammunition for
destructive devices for purposes of the GCA. Any person manufacturing the “anti-personnel”
ammunition must have the appropriate Federal firearms license as a manufacturer of ammunition
for destructive devices. Any person importing the “anti-personnel” ammunition must have the
appropriate Federal firearms license as an importer of ammunition for destructive devices.
~Will