VA:
As I am sure everyone is now aware, unfortunately no. They cant. Its Verboten. Until there is a change at FDA, no Mfg will be able to offer much but visable laser of maximum regulated wattage. No happier than you are VA - but we are stuck with that.
FDA is no worse than any other regulatory agency - they've got great folk to work with, and others that arent. FDA traces its roots to the Pure Food and Drug Act of 1906; it was and continues to be authorized by Congress. The debate surrounding the adoption of this measure is amazing - politicians of the time actually doubted they had the [i] constitutional[/i] authority to proscribe drug use.Hard to beleive in todays climate eh?
Eventually the law was passed, on the basis of the two areas the Federal Govt continues to utilize to justify any federal intervention - interstate trade and taxation. Every thing rolled down hill from there (including, in my estimation, NFA 34/38). If your interested Im sure there is plenty out there on this subject.
But has FDA overstepped its bounds? Absolutely not. They have clear authority, granted by Congress, to regulate many things, including lasers. Its that simple. Some lasers, especially YAG and glass lasers, pose a serious threat to your MK1 eyeball. Thats why some systems have both training (eye safer) and combat settings. And thats why FDA gets such a hard on about them. FDA gets itchy when the laser is invisable as well. The Vital 1 and 2 are "eyesafe", the 100 aint, but FDA has issues, so this is what we are left with.
BTW, most all laser companies will only sell to authorized entities - hospitals, PD, researchers, etc. Policies vary by Mfg, but ultimately reflect interpretation of FDA regs. The same way Mfgs interpret NFA - you may disagree, but its their ass not yours.
Luck
Alac