What's happening
This bill makes it a class E felony to possess a flamethrower, with exceptions for historical, agricultural, construction, or previously owned devices.
Why it matters
This bill establishes a clear legal definition of a "flamethrower". and distinguishes between functional devices and inoperable display units, which means collectors and museums can still display inactive models without legal risk.
It creates specific exemptions for historical, agricultural, and construction uses. , recognizing that flamethrowers have legitimate non-weapon applications, such as controlled burns in farming or clearing debris, and that antiques are treated differently from modern devices.
Anyone who lawfully possesses a flamethrower before the law’s effective date is allowed to keep it. , which reduces the risk of retroactive criminalization and acknowledges existing owners’ property rights.
By making unauthorized possession a class E felony, the bill aims to deter dangerous or criminal use of flamethrowers. , reflecting growing concerns about public safety and the potential misuse of such devices in criminal or reckless acts.
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Who cares
Headline styles
Ban Personal Flamethrowers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8096
IN SENATE
March 28, 2018
Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to adding possession of a flamethrower to the crime of criminal possession of a weapon in the fourth degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 265.00 of the penal law is amended by adding four new subdivisions 26, 27, 28 and 29 to read as follows:
26. "Flamethrower" means a device capable of projecting a stream of burning fuel a distance of at least three feet. Inoperable display units shall not be considered "flamethrowers" for the purposes of this section.
27. "Historical flamethrower" means a flamethrower constructed, in whole or in substantial part, of components manufactured prior to nineteen hundred sixty-six.
28. "Substantial part" means constructed with at least five significant components manufactured prior to nineteen hundred sixty-six.
29. "Significant components" means fully functional and necessary parts for the operation of a flamethrower including:
(a) fuel cell;
(b) gas caps;
(c) pressure regulator;
(d) pressure bottle;
(e) hose;
(f) wand fuel valve;
(g) barrel;
(h) front grip;
(i) ignition shield; and
(j) rear grip.
§ 2. The penal law is amended by adding a new section 265.41 to read as follows: § 265.41 Criminal possession of a flamethrower.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14667-02-8
S. 8096 2
A person is guilty of criminal possession of a flamethrower when he or she possesses a flamethrower; provided, however, that nothing in this section shall prohibit the manufacture, remanufacture, restoration or alteration of flamethrower components. This section shall not apply to historical flamethrowers, flamethrowers used for agricultural or construction purposes or any flamethrower lawfully acquired and possessed prior to the effective date of this section.
Criminal possession of a flamethrower is a class E felony.
§ 3. 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 penal law, in relation to adding possession of a flamethrower to the crime of criminal possession of a weapon in the fourth degree
Purpose
Establishes the crime of criminal possession of a flamethrower
Summary of provisions
Section 1: Amends Section 265.00 of the Penal Law by adding four new subdivisions:
26-Definition of Flamethrower 27-Definition of Historical Flamethrower 28-Definition of Substantial part 29-Definition of Significant components
Section 2: Amends the Penal law by adding new section 265.41, Criminal Possession of a Flamethrower.
Section 3: Effective Date
Justification
Earlier this year, Elon Musk's Boring Company released a new flamethrow- er and sold out of all 20,000 within days, without any concern to the training of the purchasers or their reasons for buying. Allowing the general public to access this type of machine is extremely problematic; some commercial flamethrowers can project flames up to twenty feet away from the user. Fire Departments are concerned, as they should be, that these machines could increase local fires due to use by unexperienced people, or even children.
Studies have shown that when asked the reason for buying a flamethrower, most responses were "to entertain people online and to add to enter- tainment value." Allowing untrained people to own these machines could cause disaster throughout the state. This bill would make owning and using a flamethrower a criminal act, unless it is used for agricultural, construction, or historical collection purposes. These dangerous devices should not be sold to civilians, and use should be restricted to profes- sionals who require the machines and are trained to use them.
Legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.