Flare gun inserts

Travis Bickle · Mar 26, 2013

I have a 26.5mm flare gun and I also own a .22lr kensaw cannon company insert. Is there any reason why selling these two items together (with the insert not in the flare gun) to another individual would not be legal under maryland or federal law?

Edit: http://kennesawcannon.com/subcaliberinsert.php
Im talking about these for those who dont know what I mean. I know its perfectly fine to buy these but im wondering if selling both together in a private sale could fall under an intent to construct a firearm law or some maryland specific law im not aware of

ThatIsAFact · Mar 26, 2013

This is a very interesting question. I don't know the answer. In fact, I wonder first about the status of the flare gun by itself, under state law. You do not link to a picture of the flare gun, but here are some pertinent definitions from Maryland's Public Safety Article § 5-101.

(h) Firearm. -- (1) "Firearm" means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or (ii) the frame or receiver of such a weapon. (2) "Firearm" includes a starter gun.

(n) Handgun. -- (1) "Handgun" means a firearm with a barrel less than 16 inches in length. (2) "Handgun" includes signal, starter, and blank pistols.

(p) Regulated firearm. -- "Regulated firearm" means: (1) a handgun; or (2) [list of regulated "assault weapons"] . . .

FrankZ · Mar 26, 2013

One can buy flare guns are West Marine or online and have them shipped.

The Coast Guard requires I carry a flare gun and ammunition (at least 3 day and 3 night or 3 combination).

The insert can be tricky. Some places see it as a firearm some don't. I really don't know about MD.

Travis Bickle · Mar 26, 2013

ThatIsAFact said:
This is a very interesting question. I don't know the answer. In fact, I wonder first about the status of the flare gun by itself, under state law. You do not link to a picture of the flare gun, but here are some pertinent definitions from Maryland's Public Safety Article § 5-101.

(h) Firearm. -- (1) "Firearm" means: (i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or (ii) the frame or receiver of such a weapon. (2) "Firearm" includes a starter gun.

(n) Handgun. -- (1) "Handgun" means a firearm with a barrel less than 16 inches in length. (2) "Handgun" includes signal, starter, and blank pistols.

(p) Regulated firearm. -- "Regulated firearm" means: (1) a handgun; or (2) [list of regulated "assault weapons"] . . .

http://www.keepshooting.com/german-flare-gun-26-5mm.html

This is the particular flare gun I was speaking of. The flare gun by itself can be ordered through the mail from this site (which happens to be maryland based), so I can assume it is not considered a firearm by itself without the insert.

ThatIsAFact · Mar 26, 2013

Travis Bickle said:
http://www.keepshooting.com/german-flare-gun-26-5mm.htmlThis is the particular flare gun I was speaking of. The flare gun by itself can be ordered through the mail from this site (which happens to be maryland based), so I can assume it is not considered a firearm by itself without the insert.

All right. I turns out that although signal pistols do fit within the definition of "regulated firearm" that I quoted earlier, the legislature in its wisdom explicitly exempted them from the restrictions that otherwise apply to regulated firearms.

PUBLIC SAFETY
TITLE 5. FIREARMS
SUBTITLE 1. REGULATED FIREARMS

§ 5-102. Scope of subtitle

This subtitle does not apply to . . . (9) a signal pistol or other visual distress signal that the United States Coast Guard approves as a marine safety device.

I don't see any federal law issues, especially since the flare gun was sold by a Maryland vendor to a Maryland resident. Does anybody see any problem selling the insert, with or without the flare gun? I don't. I am not a lawyer and this is not legal advice.

I would operate on the assumption that once the device is inserted, the handgun no longer falls within the signal-pistol exemption quoted above. Presumably it would be regarded as any other single-shot .22 pistol for purposes of the handgun-transportation law and all the rest.

Ab_Normal · Mar 26, 2013

The barrel is rifled so you should be GTG.

Flare gun inserts

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