What's happening
This bill makes it a felony to possess a flamethrower in New York, with exceptions for historical, agricultural, construction, or pre-owned devices.
Why it matters
Significantly restricts civilian access to flamethrowers. by making their possession a felony, which could impact collectors, hobbyists, and those who might seek to use them for non-exempted purposes.
Defines “flamethrower” and related terms in detail. , clarifying what devices are covered, and specifically carving out inoperable display units and historical devices (with substantial pre-1966 parts) to avoid overbroad enforcement.
Includes clear exemptions. for agricultural and construction uses, as well as for devices owned before the law took effect, which addresses concerns from farmers, contractors, and current owners about retroactive criminalization.
Signals heightened concern about public safety and potential misuse. , placing flamethrowers in the same legal category as other dangerous weapons, and reflecting legislative intent to control devices that could be used to cause significant harm or destruction.
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Who cares
Headline styles
Ban Civilian Flamethrowers
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
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 · Rules · Sponsor John E. Brooks
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7271
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
Introduced by M. of A. JEAN-PIERRE -- read once and referred 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06904-01-9
A. 7271 2
§ 2. The penal law is amended by adding a new section 265.41 to read as follows: § 265.41 Criminal possession of a flamethrower.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.