Flare gun question

[Armed-Citizen]

Is it legal to carry a flare gun in your suv while going on vacation or just in your car in general?

[mrboma]

Is it legal to carry a flare gun in your suv while going on vacation or just in your car in general?

3rd return for Googling "can you carry a flare gun in your car".

http://www.calguns.net/calgunforum/archive/index.php/t-385635.html

Regards,
Mike

[hermosabeach]

In the back of the vehicle packed with the tools- no worries

If you have it anywhere near the driver, what do you think LEO might say or do???

[Armed-Citizen]

thanks for the replies,
I did Google my question before posting but the :legal to carry in vehicle while traveling to and from a hunting area had me confused...
Thank you.

[mrboma]

thanks for the replies,
I did Google my question before posting but the :legal to carry in vehicle while traveling to and from a hunting area had me confused...
Thank you.

AC,
My interpretation is that the "too and from a permitted hunting with a valid permit/license" allows for Loaded Carry. Where as everywhere else the flare gun must be transported Unloaded.

Librarian care to chime in?

Regards,
Mike

[Librarian]

I don't see any case law on 'flare guns' in the CalCrim jury instructions; I don't have access to Lexis/Nexis to do a real search.

Other than counting as a 'feature' for an 'assault weapon, PC says

26060. Nothing in Section 25850 (loaded in public) shall prevent any person from storing aboard any vessel or aircraft any loaded or unloaded rocket, rocket propelled projectile launcher, or similar device designed primarily for emergency or distress signaling purposes,

or from possessing that type of a device while in a permitted hunting area

or traveling to or from a permitted hunting area and carrying a valid California permit or license to hunt.

-- which is what the DOJ bit quoted said.

So, generally, unloaded unless to/from hunting.

[LCU1670]

I remember seeing in the past, they used to sell an insert that fit into a flare gun barrel which allowed you to fire a 22 round.

[mrboma]

I remember seeing in the past, they used to sell an insert that fit into a flare gun barrel which allowed you to fire a 22 round.

And many other calibers also...

http://www.gaugemate.com/adapters/flare

Regards,
Mike

[Tincon]

I remember seeing in the past, they used to sell an insert that fit into a flare gun barrel which allowed you to fire a 22 round.

That's going to be a zip gun, and would obviously remove any doubt as the the firearm status of the "flare gun."

Otherwise, flare guns might(b):

Because “designed to be used as a weapon” is an element of the offense and an issue of fact, the trial court's direction to the jury that a flare gun is a firearm was constitutional error.

Medley v. Runnels, 506 F.3d 857, 867 (9th Cir. 2007)

Personally, I'd still treat a flare gun like a handgun.

[Tincon]

For reference:

16520. “Firearm” defined

(a) As used in this part, “firearm” means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion.
(b) As used in the following provisions, “firearm” includes the frame or receiver of the weapon:
(1) Section 16550.
(2) Section 16730.
(3) Section 16960.
(4) Section 16990.
(5) Section 17070.
(6) Section 17310.
(7) Sections 26500 to 26588, inclusive.
(8) Sections 26600 to 27140, inclusive.
(9) Sections 27400 to 28000, inclusive.
(10) Section 28100.
(11) Sections 28400 to 28415, inclusive.
(12) Sections 29010 to 29150, inclusive.
(13) Sections 29610 to 29750, inclusive.
(14) Sections 29800 to 29905, inclusive.
(15) Sections 30150 to 30165, inclusive.
(16) Section 31615.
(17) Sections 31705 to 31830, inclusive.
(18) Sections 34355 to 34370, inclusive.
(19) Sections 8100, 8101, and 8103 of the Welfare and Institutions Code.
(c) As used in the following provisions, “firearm” also includes a rocket, rocket propelled projectile launcher, or similar device containing an explosive or incendiary material, whether or not the device is designed for emergency or distress signaling purposes:
(1) Section 16750.
(2) Subdivision (b) of Section 16840.
(3) Section 25400.
(4) Sections 25850 to 26025, inclusive.
(5) Subdivisions (a), (b), and (c) of Section 26030.
(6) Sections 26035 to 26055, inclusive.[/QUOTE]

[Tincon]

Also, note that 25850 is the "loaded in public" statute and 25400 is the "concealed carry" statute. So doing either with a flare gun is probably illegal (outside the exemptions noted).

[Garand1911]

You mean we cant CCW a flare gun either?
But then how are we going to signal the cops that we need their help ASAP ?

[Dvrjon]

You mean we cant CCW a flare gun either?
But then how are we going to signal the cops that we need their help ASAP ?

Bat Signal on your flashlight...hope for cloudy skies.