Recently I bought a surplus H&K 26.5mm flare gun and an adapter that allows me to shoot .410 shotgun shells. As far as I know the flare gun itself is not considered a "firearm" until after I insert the adapter. I was able to buy the flare pistol freely over the internet with no dealer or paper work, and it has no serial number. Shipped to me via standard USPS.
That said, how is a flare gun not a "firearm" that has to abide by all the firearms rules? Or for that matter, how is it not a destructive device with more than an inch of barrel?
The ATF defines "firearm" as:
"A any weapon (including a starter gun) which will or is designed to or may readily be converted to fire a projectile by the action of an explosive
B The frame or reciever or any such weapon
C Any firearm muffler or firearm silencer
D Any destructive device
The state of Oregon, where I am, also defines a firearm as:
"A weapon, by whatever name known, which is designed to expel a projectile by the action of powder."
Isn't that exactly what a standard flare does? Fire a projectile by the action of explosive powder?
That said, how is a flare gun not a "firearm" that has to abide by all the firearms rules? Or for that matter, how is it not a destructive device with more than an inch of barrel?
The ATF defines "firearm" as:
"A any weapon (including a starter gun) which will or is designed to or may readily be converted to fire a projectile by the action of an explosive
B The frame or reciever or any such weapon
C Any firearm muffler or firearm silencer
D Any destructive device
The state of Oregon, where I am, also defines a firearm as:
"A weapon, by whatever name known, which is designed to expel a projectile by the action of powder."
Isn't that exactly what a standard flare does? Fire a projectile by the action of explosive powder?