[Rhodes22-list] Flare guns & state law

[Saroj Gilbert]

My two cents worth:

When I was taking my boat down the York River in S.E. Virginia last year, I 
was boarded and inspected by the U.S. Coast Guard who noticed that my flares 
were out of date.  They told me that I was prohibited from entering the 
Chesapeake Bay unless I had fresh flares.  I disregarded that since my 
destination required it and I had no way to get fresh flares while underway. 
Luckily they were long gone by the time we got to the Bay.  I can't imagine 
that every day sailer that sails in the Chesapeake carries flares, out-dated 
or not.

Saroj

----- Original Message ----- 
From: "Robert Skinner" <robert at squirrelhaven.com>
To: "Rhodes 22 mail list" <rhodes22-list at rhodes22.org>
Sent: Tuesday, April 25, 2006 7:45 PM
Subject: [Rhodes22-list] Flare guns & state law


> Flare guns & state law
>
> The latest USCG pamphlet "federal Requirements & Safety Tips
> For Recreational Boats" on page 15 has the following
> statement: "Pistol launched ... flares ... have many
> characteristics of a firearm ... In some states they are
> considered a firearm and prohibited from use."
>
> I have been blissfully carrying a 12 guage flare pistol
> and flare shells for years.  IMHO, 12 guage parachute
> flares are the most effective distress signal available,
> and I can carry a lot in a small space.
>
> After seeing the above warning, I searched the 'net for
> references and got fragmentary results - no collected or
> unified infomation addressing this issue.  I did find
> several fragmentary references indicating that lower and
> appellate courts in Virginia held that a flare pistol
> was a firearm.  VA supreme court said it wasn't -- some
> years later.
>
> At least one New York court decided that a flare pistol
> was a concealable weapon, and therefore illegal.
>
> I plan to be sailing Lake Champlain and the Hudson, and
> hope to be on the Chesapeake again before I can't sail
> any more.  I need to know what the true state of the law
> is in each state from Norfolk to Maine.
>
> Does anyone know of such a compendium?
> -- 
> Robert Skinner
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