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View Full Version : Laws re: flare guns


L8Apex619
01-17-2011, 4:40 PM
Hi,

I've searched the forum but had little luck regarding finding a concise explanation of laws in CA as they pertain to the sale of and transfer of flare guns.

As I understand it, they are not considered firearms, and are legal to buy, sell, or transfer without going through an FFL, right? :confused:

Thanks in advance...

bohoki
01-17-2011, 6:05 PM
last time i checked you can still get that orange olin kit at walmart for under $50

L8Apex619
01-17-2011, 7:39 PM
Thanks bohoki...

SteveMartin
01-18-2011, 11:11 AM
Be sure to write an epic song after you burn the place to the ground. :D

Steyrlp10
01-18-2011, 11:13 AM
last time i checked you can still get that orange olin kit at walmart for under $50

Lol... I was just looking at some yesterday as I was browsing for fishing stuff.

BillCA
01-18-2011, 12:17 PM
Do be careful. Purchase one from a Marine supply center or through a good outdoorsman's store. The 12-ga launchers are legal if USCG approved.

Larger sized flare guns, such as mil-surp Very pistols, Enfield Flare launchers and such will be okay if they have a USCG approval. Certain pyrotechnics for these launchers may be illegal in California because the flares will not burn out before striking the ground.

From the AG/DOJ website:
FLAREGUNS
A flaregun is any loaded or unloaded rocket, rocket propelled projectile launcher, or similar device designed primarily for emergency or distress-signaling purposes. (Penal Code 12031.1.) Because a flaregun is not designed to be used as a weapon, generally it is not considered a firearm as defined in Penal Code sections 12001(a) and (b).

However, the following prohibitions also apply to flareguns:
- prohibitions against carrying concealed firearms (PC 12025.); and
- prohibitions against carrying loaded firearms in public. (PC 12031.)

NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or unloaded flaregun aboard a vessel or aircraft. A person may also possess a loaded or unloaded flaregun while in or traveling to and from a permitted hunting area, if the individual is carrying a valid California hunting permit or license.

Steyrlp10
01-18-2011, 12:39 PM
Good to know -- thanks Bill!

Whenever I see a flare gun, I get that image of Billy Zane in Dead Calm :eek:

canative
01-18-2011, 1:02 PM
Legal. I have a boat and bought an emergency flare gun at my local marine center.

Ross
01-18-2011, 3:31 PM
Be sure to write an epic song after you burn the place to the ground. :D

My first thought was, "I know they are probably banned at Frank Zappa's place."

Mickey D
01-18-2011, 6:38 PM
Someone say flaregun?

British No4 MkI 37mm

http://i172.photobucket.com/albums/w22/MickeyD1/No4Mk1f.jpg

http://i172.photobucket.com/albums/w22/MickeyD1/No4Mk1g.jpg

http://i172.photobucket.com/albums/w22/MickeyD1/No4Mk1h.jpg

FatalKitty
01-18-2011, 6:45 PM
Good to know -- thanks Bill!

Whenever I see a flare gun, I get that image of Billy Zane in Dead Calm :eek:

I always think of "the Road"

Dead*Reckoned
01-18-2011, 6:49 PM
Don't waste you money on those cheapo Olin flare guns, get an HK 26.5 mm flare gun for the same price. You have more options like signal flares, illumination flares, and smoke grenades for only a little more cost per flare.

Here's mine :D:
http://i793.photobucket.com/albums/yy211/bfiedler313/1022%20new/IMG_4370.jpg

AJAX22
01-18-2011, 6:56 PM
Swap ya a US MK 8 pyrotechnic pistol for that Brittish No4Mk1 ;)

I want one of those brittish guns because they are the flare pistol the punisher had in the armory series (along with the HK EFL in 19mm)




Someone say flaregun?

British No4 MkI 37mm

CHS
01-18-2011, 9:22 PM
They're not considered firearms for the purposes of transfer, but they can and are considered firearms when loaded, so you won't be able to carry one concealed with a flare in it for example. Same with black powder guns.

Also, loaded or unloaded, they are exempt from DD statutes when they have a bore greater than .50 (feds) or .60 (California)

semiautosniper
01-22-2011, 7:58 AM
Do be careful. Purchase one from a Marine supply center or through a good outdoorsman's store. The 12-ga launchers are legal if USCG approved.

Larger sized flare guns, such as mil-surp Very pistols, Enfield Flare launchers and such will be okay if they have a USCG approval. Certain pyrotechnics for these launchers may be illegal in California because the flares will not burn out before striking the ground.

From the AG/DOJ website:
FLAREGUNS
A flaregun is any loaded or unloaded rocket, rocket propelled projectile launcher, or similar device designed primarily for emergency or distress-signaling purposes. (Penal Code 12031.1.) Because a flaregun is not designed to be used as a weapon, generally it is not considered a firearm as defined in Penal Code sections 12001(a) and (b).

However, the following prohibitions also apply to flareguns:
- prohibitions against carrying concealed firearms (PC 12025.); and
- prohibitions against carrying loaded firearms in public. (PC 12031.)

NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or unloaded flaregun aboard a vessel or aircraft. A person may also possess a loaded or unloaded flaregun while in or traveling to and from a permitted hunting area, if the individual is carrying a valid California hunting permit or license.

BillCA, so according to the CA Penal Laws, it is unlawful to store an unloaded flair gun in your car trunk at all times if one does not possess a hunting license? How do we know if the flare gun is USCG approved or not?

Thx.

DisgruntledReaper
01-22-2011, 10:55 AM
'NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or unloaded flaregun aboard a vessel or aircraft. A person may also possess a loaded or unloaded flaregun while in or traveling to and from a permitted hunting area, if the individual is carrying a valid California hunting permit or license.
'

OK this is stupid---so I can have a flare gun or launcher in my car IF I have a hunting lic,boat or aircraft BUT CANNOT keep a flare launcher in my 4x4 for emergency conditions when I am out camping,offroading,etc??? Well I guess at some point i will be cracking the law since I plan on having one soon when camping and such...sometimes I am in pretty remote areas and may need it but hope never to.....either that or I start a smokey fire.......

Xerxes
01-22-2011, 11:14 AM
To add more rumor and misconception.

I heard it on the internet so it must be true.......

A flare gun attached to a rifle makes it an assualt weapon, hence why you do not see those 37mm launchers attached to AR's anymore.

Truth or Fiction?

NapaPlinker
01-22-2011, 11:30 AM
http://www.aimsurplus.com/product.aspx?item=XSTHavoc9&search=spike's

I want!

CHS
01-22-2011, 11:44 AM
To add more rumor and misconception.

I heard it on the internet so it must be true.......

A flare gun attached to a rifle makes it an assualt weapon, hence why you do not see those 37mm launchers attached to AR's anymore.

Truth or Fiction?

Correct.

Grenade or Flare launcher is a prohibited feature.

With a bullet button you're fine though.

semiautosniper
01-22-2011, 3:01 PM
'NOTE: Pursuant to Penal Code section 12031.1, a person may lawfully store a loaded or unloaded flaregun aboard a vessel or aircraft. A person may also possess a loaded or unloaded flaregun while in or traveling to and from a permitted hunting area, if the individual is carrying a valid California hunting permit or license.
'

OK this is stupid---so I can have a flare gun or launcher in my car IF I have a hunting lic,boat or aircraft BUT CANNOT keep a flare launcher in my 4x4 for emergency conditions when I am out camping,offroading,etc??? Well I guess at some point i will be cracking the law since I plan on having one soon when camping and such...sometimes I am in pretty remote areas and may need it but hope never to.....either that or I start a smokey fire.......

my sentiments exactly...

hcbr
01-22-2011, 5:34 PM
fun with the flare gun! :D

The Electrician
01-22-2011, 5:42 PM
Check out spikes tactical, they have a nice 37mm. Also check out www.mr37mm.com

bohoki
01-22-2011, 6:02 PM
i got this one

http://i43.photobucket.com/albums/e366/bohoki/DCP_6658.jpg