Kind of an any given day thing. You'll have difficulty locating an "official" answer to this question, but the advice above is solid. If the flare gun is perceived as a weapon (i.e., you are carrying it in your purse or car, with no other boating equipment), then yes -- it is likely to be perceived as a weapon. However, if you have a flare gun on your boat along with other flares, your life jackets, flashlight, etc., it is perceived as safety gear. I have never had anyone question the one I keep on my boat -- it is in a bright orange case and is a bright orange plastic gun launcher, obviously not something I'm going to shoot up the town with.