[Rhodes22-list] ATF regulations on Flare guns

[Robert Skinner]

The following are regulations published in the web site www.atf.gov

Thanks to an ATF person who brought it to our attention!

/Robert Skinner
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FEDERAL FIREARMS LICENSEE INFORMATION SERVICE
AUGUST 1996, VOLUME 1
CLASSIFICATION OF GAS/FLARE GUNS WITH ANTI-PERSONNEL AMMUNITION AS
DESTRUCTIVE DEVICES

Recently ATF issued ATF Ruling 95-3 holding that 37/38 mm gas/flare guns
possessed with "anti-personnel" ammunition, consisting of cartridges
containing wood pellets, rubber pellets or balls, or bean bags are
destructive devices as, defined in the Gun Control Act and the National
Firearms Act and require registration to be lawfully possessed. 

Devices designed for expelling tear gas or pyrotechnic signals have been
held to be exempt from the destructive device definition. However, when
a gas/flare gun is possessed with "anti-personnel" ammunition, it is
then capable of use as a weapon. Thus, it becomes a firearm and is no
longer exempt from the destructive device definition. 

Any person who will possess a gas/flare gun in combination with
"anti-personnel" ammunition must register the making of a destructive
device prior to the acquisition of both the gun and the "anti-personnel"
ammunition. The gas/flare gun must be identified with the required
markings, including serial number. Any person engaged in the business of
buying and selling the combination of the gas/flare gun and
"anti-personnel" ammunition must have the appropriate Federal firearms
license and have paid the appropriate special (occupational) tax. 

If you have any questions regarding this matter, the entire text of the
ruling is available in the ATF Quarterly Bulletin, Volume 3, 1995, or
you may contact the National Firearms Act Branch at (202) 927-8330.
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FIREARMS CURIOS OR RELICS LIST
Update May 2005 through February 2006

SEC. III: Weapons Removed From The NFA As Collector's Items And
Classified As Curios Or Relics Under The GCA.

The Bureau has determined that by reason of the date of their
manufacture, value, design and other characteristics, the following
firearms are primarily collector's items and are not likely to be used
as weapons and, therefore, are excluded from the provisions of the
National Firearms Act. 

Further, the Bureau has determined that such firearms are also curios or
relics as defined in 27 CFR 178.11. Thus, licensed collectors may
acquire, hold or dispose of them as curios or relics subject to the
provisions of 18 U.S.C. Chapter 44 and 27 CFR Part 178. They are still
"firearms" as defined in 18 U.S.C. Chapter 44.
...
Remington Flare (Very) Pistol, Mark III, 10 gauge.
...
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