What's happening
This bill prohibits the sale, manufacture, or possession of flamethrowers in New York, with exceptions for historical, agricultural, film, and pre-owned devices.
Why it matters
Defines “flamethrower” precisely. , including the minimum distance of burning fuel projected and specifying which components qualify a device as such—this could close loopholes and ensure clarity in enforcement.
Creates exceptions for certain uses and types. , notably for historical artifacts, agriculture, film/TV production, and devices owned before the law takes effect—addressing concerns about legitimate or non-dangerous uses.
Imposes only civil penalties for violations. , rather than criminal charges, signaling a focus on deterrence and regulatory compliance rather than criminalization.
Specifies no new private right of action. , meaning individuals cannot sue others under this law—enforcement will be up to state authorities, reducing potential for frivolous lawsuits.
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Who cares
Headline styles
Ban Civilian Flamethrowers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Reported and committed to rules
- Referred to consumer 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 Assembly Committee · Consumer Affairs And Protection · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1250
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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
S. 1250 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.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to prohibiting the sale, manufacture or possession of flamethrowers
Purpose
This bill is intended to protect the public and preserve history by preventing the proliferation of commercially available flamethrowers.
Summary of provisions
Section 1 amends the general business law by adding a new section 391-u that prohibits the sale and distribution of flamethrowers by any person, firm, partnership, or corporation and defines the terms "flamethrower", "historical flamethrower", "substantial part", and "significant components".
Paragraph 4 of section 1, deems a violation of this section to be punishable by a civil penalty of no more than two hundred and fifty dollars for the first offense and no more than five hundred dollars for each subsequent offense.
Section 2 lists the effective date.
Justification
Researchers have found a dangerous lack of regulation of the sale and manufacturing of flamethrowers to the general public. The failure to act is resulting in the exploitation by major companies across the United States (Hobson, 2016).
It has been estimated that less than fifty functional historic flamethrowers exist in the U.S. whereas hundreds of commercial flamethrowers are being produced and shipped to untrained operators. With these devices available for recreational use there is an increased the risk of harm to the operator and to the general public.
This bill will help to protect the public while preserving the private ownership and historical significance of wartime flamethrowers. It also carves out exemptions for film and television production as well as agricultural uses.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.