Rev. Rul. 66-196

Advice has been requested whether the rocket handgun comes within the purview of the National Firearms Act (chapter 53 of the Internal Revenue Code of 1954) and/or the Federal Firearms Act (chapter 18, title 15, of the United States Code) and whether the self-propelled rockets for use in the handgun come within the purview of the Federal Firearms Act.

The rocket handgun has the external appearance, as well as the approximate dimensions, of a semi-automatic pistol. It is made principally of aluminum and weighs approximately 12 ounces. It has a 13 mm. ventilated launching tube which guides a bullet-shaped projectile when discharged. The tube is attached to a short stock designed to be gripped by one hand. The stock is at an angle to, and extends below, the tube. A trigger assembly is attached to the tube and hand stock. The discharge of the projectile is controlled by the trigger. The projectile derives its energy from the ignition of a solid fuel which continues to be energized during flight by the burning of the fuel (propellant). The striking force of the projectile expelled from the launching tube is comparable to that of a conventional handgun. The rocket handgun is not capable of fully automatic firing.

The rocket handgun expels a projectile through the use of an explosive force generated by the initial burning of the propellant. The striking force of the projectile demonstrates that the handgun is a weapon. Accordingly, the rocket handgun falls within the definition of a `firearm' set out in section 901(3) of the Federal Firearms Act.

However, the rocket handgun does not possess any of the characteristics which would cause it to come within the meaning of section 5848(1) of the Code since it is a pistol which is incapable of fully automatic firing.

Therefore, it is held that (1) the rocket handgun is a firearm subject to applicable controls of the Federal Firearms Act but does not come within the purview of the National Firearms Act, and (2) the projectile and its component parts are for use in a pistol and are therefore ammunition coming within the applicable controls of the Federal Firearms Act.

Any person interested in manufacturing a weapon similar to the rocket handgun should obtain a ruling from the Service as to whether the weapon to be manufactured comes within the purview of the National Firearms Act before commencing production of the weapon.