Flare Gun in NJ ? ? ?

[pred]

OKAY I read alot of Qs about bringing any like of fire are into NJ, And I am not going there.
I do however spend a couple nights a year taking a small group of off raoders into the Pine Barrens and we do a Night run, Just a couple of guys, Usually 3 trucks, And The Park guards seem to know us and never stop us.
We have run into some unsavory drunkin Characters there in the early AM some 10 miles off paved roads,,, So far, No trouble, But VERY questionable behavior.
I was wondering if keeping a flare gun under the seat in the Flare gun case with a few Flares and a couple of Pepper rounds would be Illegal ?
It's a typical orange plastic flare gun that you can buy at any good outdoors store..
I would feel safe with a flare gun with 1 pepper round in it when these unsavory characters come up behind us and want to look at out Rovers.
What do you think?
Peter

[tl_3237]

A Flare gun could arguably fit both the definition of 'firearm' and 'weapon' and IMO would be prohibited. There is a specific exemption for distress notification devices (ex: flare gun) for planes and boats ONLY.

The only mention of flare guns in particular is that flare ammo in not considered handgun ammo

2C:58-3.3 "Handgun ammunition" defined; sale, purchase, etc., regulated; violation, fourth degree crime.
1. a. As used in this act, "handgun ammunition" means ammunition specifically designed to be used only in a handgun. "Handgun ammunition" shall not include blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition.

2C:39-1
f."Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
r."Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air.


2C:39-5 Unlawful possession of weapons.
b.Handguns. Any person who knowingly has in his possession any handgun, including any antique handgun, without first having obtained a permit to carry the same as provided in N.J.S.2C:58-4, is guilty of a crime of the third degree if the handgun is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person. Otherwise it is a crime of the second degree.
d.Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

2C:39-6 Exemptions.

2C:39-6.
f.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent:
(4)A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

IANAL

[wa3ra]

Flare guns are legal; pepper cartridges are not.

[God's Country]

Why not pepper spray?

It's legal for a non felon to posses a pocket size can of pepper spray (no more than 3/4oz. ????)

[tl_3237]

Flare guns are legal; pepper cartridges are not.

Sources or citations?

[tl_3237]

Why not pepper spray?

It's legal for a non felon to posses a pocket size can of pepper spray (no more than 3/4oz. ????)

Correct. 2C:39-6 Exemptions

i.Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

OP was proposing pepper cartridges presumably for flare gun.

[wa3ra]

2C:39-1 "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.

[tl_3237]

--------------------------------------------------------------------------------

Flare guns are legal; pepper cartridges are not.

2C:39-1 "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.

See post #2.

OP was asking "I was wondering if keeping a flare gun under the seat in the Flare gun case with a few Flares and a couple of Pepper rounds would be Illegal ?"


IMO - This is ILLEGAL in NJ unless you have an NJ carry license or meet one of the exemptions per 2C:39-6

[God's Country]

OP was proposing pepper cartridges presumably for flare gun.

I understood that.
I was wondering if the OP had considered pepper spray.
Since that is legal and can be quite effective particularly around routy drunks.

[KMcL]

As someone who's spent a fair amount of time in the Pines and lived in NJ for many years, I'd suggest the pepper spray canister. Do not bring a flare gun. Even if you can find where this would be legal to have in a vehicle, I wouldn't bother. A canister of pepper spray is not going to get a second glance from the State Rangers, saving you a tremendous amount of headache if one were to find out about the flare gun and decide to charge you with a firearms offense. To me, and this is just MHO, posessing a flare gun for defense isn't worth the risk in NJ. Carry the pepper and have a great wheeling trip.