Quoted:
To answer your question, only the initial sale of any IR laser or illuminator is controlled. It seems that the FDA has limited the NEW sale of these items to .gov or law enforcement only and from what I have been reading, .gov seem to be the only ones that can buy these units new. The secondary sale however, is not controlled and the general public can by them, if you have the funds. Only the sale from the manufacturer is controlled.
Anyone please feel free to correct me if I am wrong.
I'm in general agreement with the information that you provided with the caveat that possession is controlled by state law. Certain states do control the possession of these devices. I don't believe that there are any federal laws constraining the possession and use of IR lasers. The FDA is a regulatory body and enforces regulation of manufacture. When I discussed these units with them the main concern the Investigator seemed to have was if the unit had all of the appropriate warning stickers. Other that than that he said it check with my state ref radiation emission laws.
Also important to note that, IMO, the regulated "1st sale" and non-regulated resale of these types of units have created sort of a strange grey market. Quite a few of the units that I've looked at over the years have had the ser# removed. When I asked the sellers why I was often told that this was done to preclude retribution by the manufacturer. It seems that some of the manufactures will black-ball dealers if it's established that they sold a bonafide unit to the general public, even it was sold legally, i.e. LE turn in. On that note, the common perception is that a removed ser# automatically means that the unit is stolen USG property. I don't agree.
Important to note:
- eBay is a dangerous place to buy this type of unit. Not saying that you can't find a good, honest deal but chances are also high that something is amiss.
- Buy new or close to new if you decide to purchase one. My understanding is that the manufactures will confiscate any unit sent to them for repair so best buy one that will work for a while.
- The best that I've seen for legit paperwork is a copy of the purchase order that shows the unit's ser#. I'd say if you have this there's a good chance that everything is legit.
- Many, if not most, of these units are legally obtained as discussed above. Some, I assume, are stolen property and it should be somewhat obvious if the one you're looking at is a battle field bring back. Ref the bring-backs....IMO this is rare. The days of getting blown up as an excuse to come up missing gear are over. 100% accountability comes shortly after any operation, good or bad, and missing equipment is very serious. If there's a legit reason that the gear's gone then statements are submitted and new gear issued when available. The BL is that losing a PEQ-15 is the same as coming up short a 240G.....frowned upon to say the least and very, very serious business.
If the unit you're looking at is new and has everything with it as sold from ITI such as manual, pattern generators, case, etc..then I'd say it stands to reason that it's most likely legit, just a resale.
Finally, all of the above ref finding a legit device is academic if it's confiscated as being suspected stolen USG property as you'll have to prove that it was purchased legally. Very hard to do without a manufacture's or dealers bill of sale.
You pays your money and takes your chances.....
Here's a link to a sticky in the lights and lasers section
FDA response to query ref IR lasers. Which brings us to the question as to why this got moved to Optics, mounts and sights instead of lights and lasers...?