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Fort Myers Criminal Defense Lawyer / Blog / Gun Violations / Are Smoke Grenade Launchers Legal in Florida?

Are Smoke Grenade Launchers Legal in Florida?

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Grenade launchers occupy a “gray area” in terms of legality, and you may be able to own one if you load the device with smoke grenades rather than explosive grenades. However, the specific bore of the grenade launcher might also affect legality. If you face criminal charges for possession of a grenade launcher, consider speaking with an experienced Fort Myers gun violations attorney as soon as possible.

37 MM Grenade Launchers Are “Signaling Devices” Under the Law

You can legally own a 37 mm grenade launcher without much of an issue. This is because under Florida and federal law, a 37 mm launcher and 37mm grenades are considered “signaling” devices. As long as the grenades you use are not anti-personnel (explosive), you should be able to use and possess these devices without even registering them with the ATF. You can purchase one even if you are not allowed to own firearms. For example, you might have a felony conviction.

In the eyes of the law, a 37 mm grenade launcher is more of a safety tool rather than a weapon. 37 mm smoke grenades are often used by boaters who want to signal an emergency. People may also use them after becoming lost in the wilderness. Others use them for recreational purposes. Aside from 37 mm smoke grenades, you can also purchase and use 37 mm flare rounds and “bear banger” rounds that create loud noises (but no explosions).

The fact that your 37 mm grenade doesn’t “explode” doesn’t necessarily make it legal. Some non-explosive grenades are still “anti-personnel” rounds. Examples include tear gas grenades, bean bag rounds, pepperball rounds, and so on.

40 MM Grenade Launchers Are Automatically Destructive Devices

While 37 mm grenade launchers might be perfectly legal, 40 mm grenade launchers are generally prohibited. Although a difference of 3 mm might not sound like much, it represents the border between a “signaling device” and a “destructive device.” If law enforcement officials catch you with one of these weapons and you don’t have the necessary permit, you could face years in prison. If you were caught using the device, your penalty could be much more serious.

Why does a 3 mm difference in bore diameter make such a difference in terms of federal and state law? The reason is that militaries across the world use 40 mm grenades, and this diameter is “standard” for anti-personnel grenades. Law enforcement organizations are concerned that if a civilian owns a 40 mm grenade launcher, they may somehow get hold of this military ammunition and use it. There is no such risk with a 37 mm grenade launcher because it cannot fire a 40 mm grenade.

Can a Fort Myers Firearm Defense Attorney Help Me? 

If you face legal issues for possessing more exotic firearms and launchers, you should speak with an experienced firearm defense attorney in Fort Myers immediately. Avoid trying to explain yourself to federal or state authorities, as this may only get you deeper into trouble. Exercise your right to remain silent, request a meeting with an attorney, and contact The Foley & Wilson Law Firm for further guidance.

Sources:

 atf.gov/media/16756/download

247wallst.com/guns-and-hunting/2025/10/13/surprising-weapons-still-legal-under-u-s-law/