Is this legit in Mass?

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Hey Everyone,

I want to buy one of these flare launchers and I'm just trying to make sure it's legal front to back in Mass. They way I see it, it's not a grenade launcher (Largely due to it's inability to launch grenades [wink]) so it shouldn't fall afoul of AWB silliness, but does the "ammo" (flares) require any kind of special permit or license? I just gotta hang one of these on my new rig!

Also, are there laws where said flares can/cannot be discharged? I'm not looking to touch one off in the mall, but say at member shoots or ranges?

Thanks!

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Hmm, if you don't fall afoul of the AWB for it being considered a potential grenade launcher, you are still likely fall afoul of C 148 § 39 (possession of fireworks).
 

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Hmm, if you don't fall afoul of the AWB for it being considered a potential grenade launcher, you are still likely fall afoul of C 148 § 39 (possession of fireworks).

Assuming I had the ammo for it. I'd hate to spend the money on it for looks alone, but it is pretty bad-ass looking. I also have a pre-ban AR to install it on if I had to for AWB purposes.
 
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Propelled signal flares aren't otherwise legal in MA?

According to § 39, they're legal "for the use of, and their use by, railroads, railways, boats, motor vehicles or other transportation agencies, or other activity, lawfully permitted or required to use any or all of such articles for signal purposes, illumination or otherwise"

So, basically, they're legal for use in cars and boats.
 

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Legal in aircraft as well (I hope). I occasionally carry flares and a flare gun when flying over MA. I always depart from CT, though, and never even considered an sort of legal implications. I wonder what altitude I'd have to fly at to be out of range of the MGLs, lol.
 

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[QUOTE I wonder what altitude I'd have to fly at to be out of range of the MGLs, lol.[/QUOTE]

flight level 25000000000 should be sufficient
 

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Presuming thats a 37MM launcher IIRC its been discussed before and the concensus was its lawful.

Better info here.

I could understand flares being considered as "fireworks" but what about inert chalk marker rounds ? I've seen the casings and other components offered on auction sites.
 

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Presuming thats a 37MM launcher IIRC its been discussed before and the concensus was its lawful.

Better info here.

I could understand flares being considered as "fireworks" but what about inert chalk marker rounds ? I've seen the casings and other components offered on auction sites.

I assume this is making the supposition that the launcher is not a "weapon" as described in The Federal definition of a Destructive Device (26 USC 5845(f))

I wouldn't think that it would be, but here in Mass-a-two-shits God knows...

I don't want to spend the money on the thing and not be able to possess ammo for it, or worse yet get jammed up over something stupid.
 

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You just need to back your car up to the firing line at the range, open the
hatch and fire the flares out the back. [laugh]

Another idea is we could get like a piece of shit boat somewhere, just attach it to a trailer, and put the thing paralell to the firing line, and then all the guys with the flare launchers can just use them while sitting inside the boat.

-Mike
 

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You just need to back your car up to the firing line at the range, open the
hatch and fire the flares out the back. [laugh]

Another idea is we could get like a piece of shit boat somewhere, just attach it to a trailer, and put the thing paralell to the firing line, and then all the guys with the flare launchers can just use them while sitting inside the boat.

-Mike

Now we're talking! I have a call into Spike's Tactical. Hopefully they'll get back to me soon.

Man, the distances we as responsible, legal gun owners go to obey the law is insane.
 

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Hmm, if you don't fall afoul of the AWB for it being considered a potential grenade launcher, you are still likely fall afoul of C 148 § 39 (possession of fireworks).

1. The whole point of getting a 37 mm flare launcher is so you DON'T get charged with possession of a "destructive device;" i.e., a grenade launcher; and

2. If mere flares now constitute "possession of fireworks," please explain the fact that such are REQUIRED by the Coast Guard.
 

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1. The whole point of getting a 37 mm flare launcher is so you DON'T get charged with possession of a "destructive device;" i.e., a grenade launcher; and

2. If mere flares now constitute "possession of fireworks," please explain the fact that such are REQUIRED by the Coast Guard.

And the verdict on possession of the flares is?

Assuming that I would want to fire these things from the launcher for recreational purposes with the permission of the land/range owner.

I would imagine that launcher itself is most likely not a DD, otherwise Spike's wouldn't be able to sell it "over the counter" like they apparently do. My concern is more the "ammo" and any screwy Mass-centric laws.

"Let's just say that we'd like to avoid any Imperial entanglements."
 
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1. The whole point of getting a 37 mm flare launcher is so you DON'T get charged with possession of a "destructive device;" i.e., a grenade launcher; and

Noted [grin]

Scrivener said:
2. If mere flares now constitute "possession of fireworks," please explain the fact that such are REQUIRED by the Coast Guard.

See the follow up post above about use on boats being exempted.
 

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So, hunters, hikers and campers never get lost?

I guess if a regular run-of-the-mill flare gun is legal to possess (along with flares) then this should be no different.

That being said, are flare guns regulated? Also, on the side of the launcher, it specifies that smoke flares can be used. Are we now getting into a different type of "munitions", or is what good for the goose good for the gander here?
 

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And yes... the flares would be illegal under MA law (at least for shits and giggles)...

http://37mm.com/legal/state.asp#mass

Where in the statute does it prohibit the use of flares for signalling (as opposed to S&G)? Note this exception:

(3) to the sale of flares, lanterns or fireworks for the use of, and their use by, railroads, railways, boats, motor vehicles or other transportation agencies, or other activity, lawfully permitted or required to use any or all of such articles for signal purposes, illumination or otherwise

I suspect it would come down to the actual facts of the case; shooting flares over a lake on the Fourth of July, or lighting up the neighborhood at 0 dark thirty during a drunken frat party, with flaming debris landing in yards and on roofs.
 
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Where in the statute does it prohibit the use of flares for signalling (as opposed to S&G)? Note this exception:


I suspect it would come down to the actual facts of the case; shooting flares over a lake on the Fourth of July, or lighting up the neighborhood at 0 dark thirty during a drunken frat party, with flaming debris landing in yards and on roofs.


I agree with the signaling part, but as your example points out, lacking a valid use (as in an emergency situation), I suspect they would be treated the same as any other recreational type of fireworks.
 

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Where in the statute does it prohibit the use of flares for signalling (as opposed to S&G)? Note this exception:



I suspect it would come down to the actual facts of the case; shooting flares over a lake on the Fourth of July, or lighting up the neighborhood at 0 dark thirty during a drunken frat party, with flaming debris landing in yards and on roofs.

Yup,


This is the screwy part. I know that I would never launch one of these flares recklessly, but let's say we're at a NES shoot, everyone at the range is cool with it and the conditions are safe. Am I okay there? It also seems that possession of the launcher and the flares is not, on it's own, a crime (if I'm reading the highlighted portions of what you pointed out correctly).

What I'm really after here is the ability to own and attach this device, possess the various flares (smoke would be way cool), and blast one off once or twice a year at an appropriate (shooting range gathering) time.

If this is legal to do, then I'm ordering the thing today. If not, well then I'm SOL.

If it's a "gray area", then I'm not sure what to do.
 
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33 CFR 87.3 Exclusive Use

The use or exhibition of any of the aforementioned signals except for the purpose of indicating distress and need of assistance and the use of other signals which may be confused with any of the above signals is prohibited.

The "aforementioned signals" are found in 33 CFR 87.1 and include:

(c) Rockets or shells, throwing red stars...
(i) A rocket parachute flare or a hand flare showing a red light;
(j) A smoke signal giving off orange-colored smoke;
 
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