Flare gun is not a deadly weapon

November 13, 2014

  • 129 Disorderly Conduct
  • 129k137 Weapons and explosives

11-13-14Flare gun was not a deadly weapon, for purposes of charging juvenile with disorderly conduct with a deadly weapon and misconduct with a weapon, absent any evidence that the flare gun was used or designed to be used to injure or kill someone, and given specific exclusion of propellant actuated devices commercially manufactured primarily for purpose of illumination from definition of a prohibited weapon in firearms statute.

In re Robert A., 19 P.3d 626, (Ariz.App. Div.1 2001)