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I just wondered, considering some states require an FFL to buy a BB gun, if Flare Guns are considered pistols by the Feds or anyone else. All opinions appreciated, BB
 

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federally, they are not consider firearms. if you want to know if they are classified by some states, and the upteen hundreds of thousands of local communities as a firearm, you have a lot of work cut out for you there


and where did you read "some states require an FFL to buy a BB gun"? because I want to read that state law that is on that state's website, the one that ends in .us or .gov
 

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I just wondered, considering some states require an FFL to buy a BB gun, if Flare Guns are considered pistols by the Feds or anyone else. All opinions appreciated, BB
According to Norm Flaydermann in latest edition of Flaydermans Guide, flareguns in 10 gauge ARE considered firearms and require transfer through an FFL or to a curio and relic dealer if the flare gun is old enough. He discusses this on his chapters on the Remington Mk III flare gun and the US Mk II flare gun he speculates was built by Smith and Wesson prior to World War I. Note that this would be US federal law if he is correct. (Or was, as he is now deceased.)
Having said that I have seen 10 gauge flare guns offered for sale by some dealers, while other dealers insist such 10 gauge flare guns go through an FFL or to a curio and relic holder.

12 gauge flare guns will not take a standard 12 gauge shotgun shell, whereas most or all of the US military flare guns (I am not aware of others who built flare guns in that gauge, but doesn't mean there weren't some) will take a 10 gauge shotgun shell.

I recall reading on the internet a story about an ex-con being convicted for carrying a pen gun type survival flare gun but if I remember correctly that might have been a "dangerous weapon" type city or state charge and don't remember the details.

I believe there are also some state or city/local rules that consider newly made (post 1899) percussion guns as "firearms" but US federal law does not.
 

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I was looking at a WW2 German Flare Gun that I was thinking of selling and I believe it is 26.5 MM . The gun is made of aluminum and so if you fired something other than a flare, it would blow up in your face . I know Flayderman deals in US stuff and it usually is brass and steel. Can't imagine these are restricted, BB
 

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Flareguns are of course firearms, However, in the recordkeeping process and laws regarding firearms, Federally, Flareguns are not considered firearms for recordkeeping unless they will chamber the popular 10 ga., 12 ga. or .410 ga. shotgun shells. Local jurisdictions and states may consider them firearms - such as New Jersey and New York City and you have to do the paperwork.

Many aluminum German flare pistols are actually proof tested with shotgun shells, however, I would not give one a steady diet of it, and of course without the $5 tax stamp, it is illegal to do so.
 

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Probably of no interest here, but I have a couple of British flare guns that a local shop converted to use 12 gauge flares. This was done by making an aluminum insert the size of the original flare and chambering it for 12 gage flares
The nice part is no alterations were made to the guns.
Haven't fired them as I don't own a boat and don't want to start a forest fire
 

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NO... BUT....Unless (most of these have been covered before, as in, able to fire/chambers ammunition of a common caliber)

now add it it the 'flare launchers' that can be mounted under an AR in 37 and 40mm
NOT a firearm, as long as you DON'T have Ammunition/GRENADES... if you DO happen to have those, then you are in possession of a Destructive Device...

See, isn't it fun figuring out when a not firearm, isn't a firearm, unless it is?
 

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federally, they are not consider firearms. if you want to know if they are classified by some states, and the upteen hundreds of thousands of local communities as a firearm, you have a lot of work cut out for you there


and where did you read "some states require an FFL to buy a BB gun"? because I want to read that state law that is on that state's website, the one that ends in .us or .gov
This thread on a different forum touches on the topic but doesn't quote .us or .gov sites. I vaguely remember reading somewhere that a northern midwest state had some funny laws about pellet guns but can't remember where.

http://forums.gunbroker.com/topic.asp?TOPIC_ID=373788

Edit to add another secondary source: Sportsman's Guide catalog shipping restrictions for pellet guns says cannot ship to New York City, California, Delaware, Illinois, Michigan, New Jersey.
 
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