Upgrading from 37mm to a 40mm launcher would offer a number of benefits. Being a destructive device, I wouldn't be limited by weight of propellant to be used. Increased propellant would allow for longer range, higher altitude, and more time for stabilizing the round in the air. The 40mm launchers are civilian legal in most USA states.
The downside to upsizing to 40mm is that even in states where DDs are legal they are still regulated by ATF. Each 40mm must be registered ($200 creation/transfer tax). The 40mm can't be quickly and readily transfered person to person as needed. The 40mm launcher also has a different perception - it's a weapon not a rescue device. I do not own a 40mm launcher and do not intend to purchase one in immediate future so that would complicate testing.
Most 40mm launchers can readily fire 37mm shells. Any shell loading appropriate for a non-DD 37mm can be directly applied to 40mm shells. By limiting the availability and easy access to TARS we would be going against the original intent of this project. At this time no 40mm shell loading are being developed.
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