Tborisch

I think it falls under the same thing as a cannon...

You can by a reproduction black powder pistol, and a cylinder to convert it to a 45 lonh colt, both mail order.. Just don't put them together, that's illegal. Lots of crazy laws.

Speedracer29

FFL= FEDERAL definition of firearms. Different set of laws. Similar to buying a pistol from a private party when over 18 but under 21 in Michigan, or when buying any long gun from a private party... No FFL.
West Marine doesn't need an FFL because they are selling it as an "approved signaling device" in accordance with the law. If West Marine started selling flare guns to middle-schoolers, then they would be in violation of MCL at a minimum, and most likely USC as well.
To repeat-
In Michigan, a flare gun in compliance with 750.231c is an approved signaling device.
When used maliciously, or not in accordance with the above, it can be considered a weapon, is over .177 caliber, and fires a projectile by gas or powder. That is, by definition, a firearm under Michigan law. You can't alter it, you can't manufacture your own, it has to have USCG approval to be an approved signaling device.

Just like a large pocket knife, it's legal to carry, when carried within the limitations of the pertinent statute.
Stab somebody in a bar fight, you will most likely be charged with felonious assault at a minimum, and a CCW charge.
Shoot someone with a flare gun, expect the same charges. A good prosecutor would tack on the flat 2 year felony firearm charge and see if it floated.

MichiMike

Don't get caught in Canadian waters with the gun,but we all know canadians are pussies.

delsol

Why is that Michi?? I carry flare guns...and I'm from the north side.

Tborisch

I was looking at the question from a "typical law abiding citizen" point of view. There are certainly libraries full of books on ways to get in trouble with just about anything. You could replace pocket knife with dinner fork in your senario and probably get charged the same...

"Flare Guns" are not firearms in michigan....

Tborisch

Just google "michigan coast guard suggested safety equipment". They list flare guns as a good night and day visual distress signal.

onesickpantera

iTrader: (1)

Whatever you do, don't get caught with a flare gun AND silent choice in Michigan. You'll spend the rest of your life in prison!

Speedracer29

Yes, but you'll never see somebody get the additional felony firearm charge for a pocket knife or dinner fork.... I couldn't get ATF approval to build my prototype silenced .45 sterling silver dinner fork, so I gave up....

We are both in agreement that flare guns are not illegal, I just want people to be aware of the parameters so no OSO'ers get hemmed up for an uncased/loaded/displayed-on-instrument-cluster flare gun.

(We both know I just saved at least one person from spending money on making a neoprane flare gun holster, and the possible legal ramifications...LMAO)

Speedracer29

I can just see that safety inspection now-
"Silent Choice AND a flare pistol?! Must be one of them smugglers from down south!"

Flamingo 42

I stopped carrying the flare pistol and went to the hand held pop flares when I heard they were illegal in Canadian waters, because we boat so close to Canada and could stray I didn't want any problems. Any of our Canadian brothers that can clarify