What's happening
This bill prohibits the sale, manufacture, transfer, or possession of flamethrowers in New York, with exceptions for certain uses and historical devices.
Why it matters
Defines “flamethrower” broadly. to include any device that can project burning fuel at least six feet, but excludes inoperable display units—meaning even non-military, commercially available models could be covered by the law.
Allows specific exceptions. for historical flamethrowers (mainly those made with pre-1966 components), agricultural use, and film/TV production, acknowledging legitimate non-weaponized uses while still placing limits on general public possession.
Grandfathers in legally acquired devices. by permitting continued possession of flamethrowers owned before the law takes effect, which matters for collectors or those who already use such equipment legally.
Imposes only civil (not criminal) penalties. for violations, with a $250 fine for a first offense and $500 for subsequent offenses, signaling a regulatory rather than punitive approach while still aiming to deter casual misuse or illegal trade.
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Who cares
Headline styles
Ban Civilian Flamethrowers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Civilian Flamethrowers
In Senate Committee · Consumer Protection · Sponsor Fredrick J. Akshar II
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2976
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. LUPARDO -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the sale, manufacture or possession of flamethrowers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 391-u to read as follows:
§ 391-u. Sale and distribution of flamethrowers prohibited. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "flamethrower" means a device capable of projecting a stream of burning fuel a distance of at least six feet. Inoperable display units shall not be considered "flamethrowers" for the purposes of this section.
(b) "historical flamethrower" means a flamethrower constructed, in whole or in substantial part, of components manufactured prior to nineteen hundred sixty-six.
(c) "substantial part" means constructed with at least five significant components manufactured prior to nineteen hundred sixty-six.
(d) "significant components" means fully functional and necessary parts for the operation of a flamethrower including:
(i) fuel cell;
(ii) gas caps;
(iii) pressure regulator;
(iv) pressure bottle;
(v) hose;
(vi) wand fuel valve;
(vii) barrel;
(viii) front grip;
(ix) ignition shield; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04065-01-7
A. 2976 2
(x) rear grip.
2. No person, firm, partnership or corporation shall sell, offer for sale, manufacture, transfer or possess a flamethrower; provided, however, that nothing in this section shall prohibit the manufacture, remanufacture, restoration or alteration of flamethrower components.
3. This section shall not apply to:
(a) historical flamethrowers;
(b) flamethrowers used for agricultural purposes;
(c) flamethrowers used for film or television productions; or
(d) any flamethrower lawfully acquired prior to the effective date of this section.
4. Violation of this section shall be punishable by a civil penalty of not more than two hundred fifty dollars for the first offense and not more than five hundred dollars for each subsequent offense.
5. This section shall not be construed to create a private right of action against any person or entity possessing, manufacturing, transferring or selling a flamethrower, historic flamethrower or any components thereof.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.