Flare Gun Legalities

[Neo31rex31]

Does anyone here know the legalities of keeping a flare gun in your vehicle? - Searching yielded results for NJ but not PA.

[pandemic]

Flare guns are interesting because (I think) they fall into a major grey area. I'm not a lawyer. A flare gun does qualify as a firearm (I believe) because it fires a projectile by use of explosive. That's not the official definition but (I think) that's it in a nut shell. These are available to anyone 18 and older and require no background check. That is what's confusing to me.

They're non-lethal (mostly), orange so they can't be a 'look alike', able to be bought by 18 and older w/o background checks. Yet they fire 12ga shells with gun power and fire a projectile.

I'm looking forward to hearing more about this.

[bige64]

Flare guns are interesting because (I think) they fall into a major grey area. I'm not a lawyer. A flare gun does qualify as a firearm (I believe) because it fires a projectile by use of explosive. That's not the official definition but (I think) that's it in a nut shell. These are available to anyone 18 and older and require no background check. That is what's confusing to me.

They're non-lethal (mostly), orange so they can't be a 'look alike', able to be bought by 18 and older w/o background checks. Yet they fire 12ga shells with gun power and fire a projectile.

I'm looking forward to hearing more about this.

flare guns are not firearms (as long as you are using an approved flare with the device) so there really isn't anything to regulate them... just like people keep them in boats.

[pandemic]

http://law.onecle.com/uscode/18/921.html

(3) The term "firearm" means (A) any weapon (including a starter
gun) which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive; (B) the frame or
receiver of any such weapon; (C) any firearm muffler or firearm
silencer; or (D) any destructive device. Such term does not include
an antique firearm.

[bige64]

ATF has previously held that devices designed for expelling
tear gas or pyrotechnic signals are not weapons and are exempt from
the destructive device definition. However, ammunition designed to
be used against individuals is available for these 37/38 mm
devices. This "anti-personnel" ammunition consists of cartridges
containing wood pellets, rubber pellets or balls, and bean bags.

When a gas/flare gun is possessed with "anti-personnel" type
ammunition, it clearly becomes an instrument of offensive or
defensive combat and is capable of use as a weapon. Since these
gas/flare guns have a bore diameter of greater than one-half inch,
fire a projectile by the means of an explosive, and, when possessed
with "anti-personnel" ammunition, are capable of use as weapons,
the combination of the gas/flare gun and "anti-personnel"
ammunition is a destructive device as defined in the GCA and NFA.
As a result, registration as a destructive device is required. Any
person possessing a gas/flare gun with which "anti-personnel"
ammunition will be used must register the making of a destructive
device prior to the acquisition of any "anti-personnel" ammunition.
In addition, the gas/flare guns are classified as firearms as
defined by the GCA when possessed with "anti-personnel" type
ammunition.

Each gas/flare gun possessed with anti-personnel ammunition
will be required to be identified as required by law and
regulations (27 C.F.R. section 178.92 and 179.102), including a
serial number. Any person manufacturing the gas/flare gun and the
"anti-personnel" ammunition must, if selling them in combination,
have the appropriate Federal firearms license as a manufacturer of
destructive devices and must have paid the special (occupational)
tax as a manufacturer of National Firearms Act firearms. Any person
importing the gas/flare gun and the "anti-personnel" ammunition
must, if importing them in combination, have the appropriate
Federal firearms license as an importer of destructive devices and
must have paid the special (occupational) tax as an importer of
National Firearms Act firearms.

Further, the "anti-personnel" ammunition to be used in the
gas/flare launchers is ammunition for destructive devices for
purposes of the GCA. Any person manufacturing the "anti-personnel"
ammunition must have the appropriate Federal firearms license as a
manufacturer of ammunition for destructive devices. Any person
importing the "anti-personnel" ammunition must have the appropriate
Federal firearms license as an importer of ammunition for
destructive devices.

[pandemic]

So according to that they're not weapons, but what about individual state law? Which states say that it'd be a weapon regardless of ammo?