[Rhodes22-list] ATF regulations on Flare guns

[Saroj Gilbert]

Many thanks for this info...

Saroj
----- Original Message ----- 
From: "Robert Skinner" <robert at squirrelhaven.com>
To: "Rhodes 22 mail list" <rhodes22-list at rhodes22.org>
Sent: Thursday, April 27, 2006 5:59 PM
Subject: [Rhodes22-list] ATF regulations on Flare guns


> 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
> ------------------------------------------------------------------
> 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.
> ---------------------------------------------------------------
> 
> 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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