Question regarding tear gas pistol...

TheOriginalMexicanBob · Dec 10, 2019

I have a Brevettata tear gas pistol purchased by my dad back in the early 1960s. It shoots "Flobert" crimped .22 blank cartridges. It appears to still be NIB or nearly so even though one grip panel seems to have a slight crack.

Is this covered under the Maryland law as a regulated firearm as any handgun? It does have a serial number. It doesn't shoot projectiles...just the blank tear gas cartridges. It has a bunch of the cartridges and for all I know they may not even ignite anymore due to age.

The paperwork says it's "Sold Direct by Mail"...but laws are much different now.

Any information will me much appreciated.

RoadDawg · Dec 10, 2019

TheOriginalMexicanBob said:
I have a Brevettata tear gas pistol purchased by my dad back in the early 1960s. It shoots "Flobert" crimped .22 blank cartridges. It appears to still be NIB or nearly so even though one grip panel seems to have a slight crack.

Is this covered under the Maryland law as a regulated firearm as any handgun? It does have a serial number. It doesn't shoot projectiles...just the blank tear gas cartridges. It has a bunch of the cartridges and for all I know they may not even ignite anymore due to age.

The paperwork says it's "Sold Direct by Mail"...but laws are much different now.

Any information will me much appreciated.

MHO... Never carry a teargas or blank pistol...
They look too much like the real thing and will do you absolutely NO good as defense tools. I have tested those .22 cal teargas rounds. They make a nice popping sound... nothing more.
The fact is... since many of them are so realistic looking... they only increase the likelihood that you might get shot.

TheOriginalMexicanBob · Dec 10, 2019

I have no intention of carrying it...interested in selling it and needed to know the legalities of doing so.

somd_mustangs · Dec 10, 2019

Like this one?
https://www.gunauction.com/buy/13045730

I think these were originally starter-type pistols (from that listing, this is what the gas cartridges look like).
From what I recall even starter pistols are regulated in MD.

Title 5. Firearms
Subtitle 1. Regulated Firearms
5-101. Definitions:
….
(h) Firearm.
(1) "Firearm" means:
(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive; or
(ii) the frame or receiver of such a weapon.
(2) "Firearm" includes a starter gun.

n) Handgun.
(1) "Handgun" means a firearm with a barrel less than 16 inches in length.
(2) "Handgun" includes signal**, starter, and blank pistols.

(p) Regulated firearm. "Regulated firearm" means:
(1) a handgun; or

(** There's a later exclusion for signal pistols if they are USCG approved.)

These don't seem to be very valuable so it may not be worth the effort/$$/risk.
The cartridges may be more valuable than the pistol

TheOriginalMexicanBob · Dec 10, 2019

That's it. It's just that it's not supposed to be a starter pistol but to expel tear gas. While it's not specifically mentioned in the quoted statute it might be included in the statute as "close enough". To me it's nothing more than a collector oddity...I have no use for it but don't want to run afoul of any laws should I try and sell it.

somd_mustangs · Dec 10, 2019

I think the "expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive" is what gets you.

Jerry M · Dec 10, 2019

My understanding of MD law is that it is considered a handgun! Be careful if disposing of it.

Good luck

Jerry

TheOriginalMexicanBob · Dec 10, 2019

Thanks all. While I want to dispose of it, I want it done within the law...no negative repercussions.

Biggfoot44 · Dec 10, 2019

Since to my limited understanding , somthing that can fire .22Flobert tear gas ctgs could also fire .22 Flobert blanks , it would probably be considered a " Starter Pistol " , and hence Regulated .

FWIW these ( in general )are common in Europe to this day .

Question regarding tear gas pistol...

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