Go Back  Offshoreonly.com > General Discussion > General Boating Discussion
Michigan considers flare guns firearms? >

Michigan considers flare guns firearms?

Notices

Michigan considers flare guns firearms?

Thread Tools
 
Old 10-29-2014, 12:48 PM
  #11  
Registered
Thread Starter
 
Join Date: Jul 2014
Location: Northern Indiana
Posts: 376
Likes: 0
Received 0 Likes on 0 Posts
Default

600.2951 “Approved signaling device” and “pistol” defined; use of approved signaling device; strict liability for damages; exception.
Sec. 2951. (1) As used in this section:
(a) “Approved signaling device” means a pistol that is a signaling device approved by the United States coast guard under
regulations issued under 46 USC 3306 or under 46 USC 4302, or predecessor statutes, and including, but not limited to, 46 CFR parts 160 and 161.
(b) “Pistol” means a firearm, loaded or unloaded, 26 inches or less in length, or any firearm, loaded or unloaded, that by its construction and appearance conceals it as a firearm.
(2) A person who uses an approved signaling device shall be strictly liable for any damages caused to person or property by that use unless the person reasonably believes that its use is necessary for the safety of himself or herself or of another person on the waters of this state or in an aircraft.
History: Add. 1982, Act 186, Eff. July 1, 1982;Am. 2012, Act 244, Eff. Jan. 1, 2013.

From the Michigan.gov site. It is designated as a pistol. Not being paranoid, just trying to save someone possible grief. You can always just swap it out for the pop-flares, which look like road flares, and are not classifies as pistols.
Quick2500 is offline  
Old 10-29-2014, 12:51 PM
  #12  
Registered
iTrader: (1)
 
Join Date: Jul 2007
Location: MI
Posts: 2,639
Received 12 Likes on 6 Posts
Default

I thought only the old school metal guns were considered weapons as they could fire shot gun shells. The plastic ones cannot.
JRider is offline  
Old 10-29-2014, 01:20 PM
  #13  
Registered
 
Join Date: Sep 2013
Location: Southeast Michigan
Posts: 1,879
Received 7 Likes on 6 Posts
Default

Originally Posted by Quick2500
If you do not have a carry permit you cannot have a flare gun.
False.
You may carry an approved signaling device ON YOUR BOAT (flare gun), it must be cased and unloaded.

The law is written to allow boaters to signal for help, yet to prevent morons from having flare gun shoot-outs.
Speedracer29 is offline  
Old 10-29-2014, 01:30 PM
  #14  
Registered
 
Join Date: Sep 2013
Location: Southeast Michigan
Posts: 1,879
Received 7 Likes on 6 Posts
Default

Originally Posted by Quick2500
600.2951 “Approved signaling device” and “pistol” defined; use of approved signaling device; strict liability for damages; exception.
Sec. 2951. (1) As used in this section:
(a) “Approved signaling device” means a pistol that is a signaling device approved by the United States coast guard under
regulations issued under 46 USC 3306 or under 46 USC 4302, or predecessor statutes, and including, but not limited to, 46 CFR parts 160 and 161.
(b) “Pistol” means a firearm, loaded or unloaded, 26 inches or less in length, or any firearm, loaded or unloaded, that by its construction and appearance conceals it as a firearm.
(2) A person who uses an approved signaling device shall be strictly liable for any damages caused to person or property by that use unless the person reasonably believes that its use is necessary for the safety of himself or herself or of another person on the waters of this state or in an aircraft.
History: Add. 1982, Act 186, Eff. July 1, 1982;Am. 2012, Act 244, Eff. Jan. 1, 2013.

From the Michigan.gov site. It is designated as a pistol. Not being paranoid, just trying to save someone possible grief. You can always just swap it out for the pop-flares, which look like road flares, and are not classifies as pistols.

The citation listed is not the penal code, refer to 750.231c for applicability regarding sale/use/possession of flare guns.

Also, if the pop-flares fire a projectile by means of gas or powder and are greater than .177 caliber, they are still a firearm by strict definition. If they are shorter than 26", they are still a pistol. If they meet the USCG standards and are possessed in compliance with MCL 750.231c, they are classified as an approved signaling device. If you point one at somebody in a drunken, crazy fit of rage, it's basically a zip-gun, and you're going to jail for felonious assault. Darn legislators thought of everything....

Last edited by Speedracer29; 10-29-2014 at 01:39 PM.
Speedracer29 is offline  
Old 10-29-2014, 01:38 PM
  #15  
Registered
 
Join Date: Jun 2014
Location: Montrose, MI
Posts: 55
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Speedracer29
The citation listed is not the penal code, refer to 750.231c for applicability regarding sale/use/possession of flare guns.

Also, if the pop-flares fire a projectile by means of gas or powder and are greater than .177 caliber, they are still a firearm by strict definition. If they are shorter than 26", they are still a pistol. If they meet the USCG standards and are possessed in compliance with MCL 750.231c, they are classified as an approved signaling device. If you point one at somebody in a drunken, crazy fit of rage, it's basically a zip-gun, and you're going to jail for felonious assault. Darn legislators thought of everything....
This^

If stored/used properly you have nothing to worry about at all.
needavdub is offline  
Old 10-29-2014, 01:47 PM
  #16  
Registered
Thread Starter
 
Join Date: Jul 2014
Location: Northern Indiana
Posts: 376
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Speedracer29
The citation listed is not the penal code, refer to 750.231c for applicability regarding sale/use/possession of flare guns.

Also, if the pop-flares fire a projectile by means of gas or powder and are greater than .177 caliber, they are still a firearm by strict definition. If they are shorter than 26", they are still a pistol. If they meet the USCG standards and are possessed in compliance with MCL 750.231c, they are classified as an approved signaling device. If you point one at somebody in a drunken, crazy fit of rage, it's basically a zip-gun, and you're going to jail for felonious assault. Darn legislators thought of everything....
Thanks for the clarification. I was going from what I was told and what I could find. So basically, on your boat is ok. At home is ok. Everywhere else it's treated like a firearm including transporting.
Quick2500 is offline  
Old 10-29-2014, 01:55 PM
  #17  
Registered
 
Join Date: Jul 2008
Location: Grand Rapids, MI
Posts: 666
Received 16 Likes on 5 Posts
Default

Flare guns are not considered firearms... Or you wouldn't be able to buy a flare gun kit at west marine, as they are not an FFL holder.
Tborisch is offline  
Old 10-29-2014, 01:57 PM
  #18  
Registered
Thread Starter
 
Join Date: Jul 2014
Location: Northern Indiana
Posts: 376
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Tborisch
Flare guns are not considered firearms... Or you wouldn't be able to buy a flare gun kit at west marine, as they are not an FFL holder.
Please explain how I can buy a muzzleloader without a background check from Walmart.
Quick2500 is offline  
Old 10-29-2014, 01:59 PM
  #19  
Registered
 
Join Date: Jul 2008
Location: Grand Rapids, MI
Posts: 666
Received 16 Likes on 5 Posts
Default

Originally Posted by Quick2500
Please explain how I can buy a muzzleloader without a background check from Walmart.
It's black powder and it doesn't use a cartridge.
Tborisch is offline  
Old 10-29-2014, 02:00 PM
  #20  
Registered
Thread Starter
 
Join Date: Jul 2014
Location: Northern Indiana
Posts: 376
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Tborisch
It's black powder and it doesn't use a cartridge.
But is it not a firearm?
Quick2500 is offline  


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.