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-   -   Michigan considers flare guns firearms? (https://www.offshoreonly.com/forums/general-boating-discussion/319608-michigan-considers-flare-guns-firearms.html)

Tborisch 10-29-2014 02:03 PM

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 10-29-2014 02:33 PM


Originally Posted by Tborisch (Post 4210962)
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.

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 10-29-2014 02:49 PM

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

delsol 10-29-2014 02:57 PM

:panda:

Originally Posted by MichiMike (Post 4210996)
Don't get caught in Canadian waters with the gun,but we all know canadians are pussies.

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

Tborisch 10-29-2014 02:58 PM

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 10-29-2014 03:09 PM

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

onesickpantera 10-29-2014 03:10 PM

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! :party-smiley-004:

Speedracer29 10-29-2014 03:29 PM


Originally Posted by Tborisch (Post 4211004)
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...

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 10-29-2014 03:33 PM


Originally Posted by onesickpantera (Post 4211015)
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! :party-smiley-004:

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 10-29-2014 08:10 PM

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 :flag:


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