Re: Necessities and questions on flare guns

From: Eric Johnson (etj@nwlink.com)
Date: Tue Mar 07 2000 - 21:42:47 PST


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>Weve been talking about necessities, and I think flare guns were mentioned.

> I have further questions and need some advice.
>
>Is a Flare Gun considered a Firearm?

Not usually, in the US. I'd double check before going into Canada. or maybe
massachussettes or NJ. :)

>Ive been planning some trips and wondered if there were issues of
>"transporting" one from state to state, does it have to be in plain site?

Its not a firearm - but even if it was, you can transport a firearm from one
state to another and every state in between (except NJ who ignores this federal
law) as long as you are legal to own it in the origin and destination. Do a
web search on "firearm owner's protection act" or FOPA for details. It doesn't
have to (and for God's sake, shouldn't) be in plain site. [for the sensitive
among you: my reference to God is simply a figure of speech and is not intended
to inflame or offend those of you who honor a different deity choose to not
participate in relogion altogether. if I have offended, please report me to
the thought police ASAP so i can get the punishment I know I deserve :) ]
In fact, I think it has to be locked up. but since AFAIK a flare gun isn't a
firearm, this should be moot. If there's no restriction on mail ordering one
(say from West Marine) then I'm sure its not.

>Is it considered a "weapon"? also, Meaning, can you carry one in a
>concealed manner on your person or in your gear as you tour through town
>without breaking "firearms" laws?

If its not a firearm, then I don't see why you can't transport it in your sailing
stuff if you don't have the intent on using it as a weapon :) but if you want
the absolute legal answer on this, better check with a lawyer.

>And another point--what about international, you Canucks out there,
>Obviously we cant bring handguns accross the border, but are there any
>issues with flare guns? Are they considered a "signaling device" and
>protected under some international maritime law or something like that?

>I think carrying a flare gun would make a great next best in a strange
>place if one cannot carry a firearm legally. etc.

In that case you're treating it as a weapon :)

>But that is not the
>point, is it legal to carry a "signalling device"? I think the
>ramifications may be that carring a flare gun could be argued the same as
>carrying a signal mirror, or a road flare in your coat pocket.

Just don't call it a weapon. I had a bad experience at the border once when
i was going into canada camping and the border guard asked if i had any weapons.
Wanting to be entirely honest I revealed "i have a big camping knife". He asks
"do you have any weapons" and i went on to ask him if this knife is considered
a weapon, and that if attacked by a bear or something you bet I'd wield it as
a weapon. Finally he said "you can't bring weapons into canada - do you have
any weapons?" so i said "no sir, I have no weapons" and he waved me through
;)

http://www.nwlink.com



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