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jv, sometimes you need to put things in context.
No, you wouldn't fire off flares just for the hell of it while out on the water--or anyplace else the USCG might be confused by them. What you do is fire them off someplace where there is no USCG presence or response (like at a park where fireworks are being shot off) OR YOU CONTACT THE USCG as per standard procedure and tell the local station "we are firing practice flares at xx o'clock, please be advised".
"Firing a flare when not in distress could result" Key word is "could". You could also put out your eye if you were looking down the barrel at the time you shot it off. But there's nothing absolutely criminal or illegal about just firing the things off--with a little common sense.
Any sailor who has never fired off their Olins can never understand why SOLAS flares are so hugely overpriced. Fire a SOLAS flare, and you'll feel like a real moron for having carried the Olins for all these years.
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