Things worked out from my previous post, well somewhat, and I now am on the tactical shooting team. (it is a very long story) Any ways I came across this http://gunbroker.com/Auction/ViewItem.asp?Item=83118249 while looking for acessories for my AR and was wondering If it is legal according to md Law. I allready know it is legal acording to SC law I was just wondering for when I can leave this place and go back home.
Is a 37mm grenade launcher legal
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As long as rubber, bean bag wood or other solid shot is not possesed with it, it is basically the same as a flare gun federally.
I think smoke and tear gas rounds are allowed as well as the flares.
MD law usually follows federal definitions and the only thing I can see in MD law is the regulated firearms section that says anything with a barrel less than 16 inches in lenght (and can fire on its own I assume) is a handgun including signal devices, but in the same section it says any flare gun approved by the Coast Guard as a marine safety device is exempted.
If it is approved by the Coast Guard, or if it has a barrel greater than 16 inches, then it is not a regulated firearm by the state of MD, and it is not even a Title I firearm in federal law. If MD considers it a regulated firearm, then the same transfer regulations apply as it would a handgun I assume.
As I understand it, the 37mm flare gun launchers are legal in MD as unregulated and uncontrolled firearms, but I think there is a grey area and you need to do better resaerch to make sure.
However, since there is no federal law saying it is a firearm covered under the GCA or the NFA (when firing smoke, flare or tear gas), there is nothing I am aware of that says you cannot buy it in another state as a MD resident and bring it back with you.
Since the handgun section of the criminal law article (which is differnt than the regulated firearms section of the Public Safety article) says that a "handgun" in that subtitle does not include items which cannot be concealed, I assume it is not included in that section and therefore not subject tto the same transport restrictions (when unloaded).
I think smoke and tear gas rounds are allowed as well as the flares.
MD law usually follows federal definitions and the only thing I can see in MD law is the regulated firearms section that says anything with a barrel less than 16 inches in lenght (and can fire on its own I assume) is a handgun including signal devices, but in the same section it says any flare gun approved by the Coast Guard as a marine safety device is exempted.
If it is approved by the Coast Guard, or if it has a barrel greater than 16 inches, then it is not a regulated firearm by the state of MD, and it is not even a Title I firearm in federal law. If MD considers it a regulated firearm, then the same transfer regulations apply as it would a handgun I assume.
As I understand it, the 37mm flare gun launchers are legal in MD as unregulated and uncontrolled firearms, but I think there is a grey area and you need to do better resaerch to make sure.
However, since there is no federal law saying it is a firearm covered under the GCA or the NFA (when firing smoke, flare or tear gas), there is nothing I am aware of that says you cannot buy it in another state as a MD resident and bring it back with you.
Since the handgun section of the criminal law article (which is differnt than the regulated firearms section of the Public Safety article) says that a "handgun" in that subtitle does not include items which cannot be concealed, I assume it is not included in that section and therefore not subject tto the same transport restrictions (when unloaded).
Long story short, if you buy it in SC, it almost definitely (as I see it) does not matter if you are a MD resident.
If you buy it in SC and bring it back with you it is almost definitely not prohibitted.
If you bring it back and try to sell it, then if it is an approved Coast Guard marine signalling device then it almost defintely isn't even a firearm in MD law.
If it is not a Coast Guard approved signalling devince, then it is a grey area and if you sell it within the state you may have to go through the state police
........which brings up another confusing scenario. Since it is not a Title I device under fed law, there is nothing keeping you from selling to another state resident while in MD that I am aware of, but let's say you still have to go through the MDSP because it may be a regulated firearm sold within MD, then I still see no reason why you cannot sell it to the out of state resident while in MD while still having to go through the MDSP......I bet they would conniption trying to figure this one out.
If you buy it in SC and bring it back with you it is almost definitely not prohibitted.
If you bring it back and try to sell it, then if it is an approved Coast Guard marine signalling device then it almost defintely isn't even a firearm in MD law.
If it is not a Coast Guard approved signalling devince, then it is a grey area and if you sell it within the state you may have to go through the state police
........which brings up another confusing scenario. Since it is not a Title I device under fed law, there is nothing keeping you from selling to another state resident while in MD that I am aware of, but let's say you still have to go through the MDSP because it may be a regulated firearm sold within MD, then I still see no reason why you cannot sell it to the out of state resident while in MD while still having to go through the MDSP......I bet they would conniption trying to figure this one out.
trapture
Surplus Rifle Lover
Like we joke around with, its like a 12g. flare gun. Unless the hood starts buying the 12g. flare guns and start robing places with it, it should be fine. But I know the legal word is probably a lot more complicated like what Novus is saying.
BenL
John Galt Speaking.
Wait a second... does this mean that I could legally carry a flare gun? Would be more effective than pepperspray...
Very complex question.
If a flare pistol capable of being concealed on the person, then it is a "handgun" under 4-203 and so no, you cannot. (it is not excepted from the subtitle since it is neither an "antique" nor a long gun)
If it is a flare gun that cannot be concealed on the person, then it is not prohibitted under 4-203, but it would have to be carried openly, cannot be loaded when in or on a vehicle, and some jurisdictions may, or may not, be able to further restrict carry of "any" non-regulated "firearm" as I understand it (I am not a lawyer).
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