What's happening
This bill makes it a class E felony to possess a flamethrower, with exceptions for historical, agricultural, construction use, or previously owned devices.
Why it matters
Expands the definition of "weapon". in New York law to include flamethrowers, making possession illegal except for specific uses—this could impact hobbyists, collectors, and individuals who currently own flamethrowers for personal or non-exempted purposes.
Sets clear exceptions. for historical flamethrowers (pre-1966 or largely made of pre-1966 parts), agricultural, construction, and previously possessed devices, meaning farmers and contractors can still use flamethrowers for practical needs like clearing brush or ice.
Classifies violation as a class E felony. , which carries significant legal consequences, including possible prison time and a criminal record—this raises the stakes for accidental or unintentional possession outside of the listed exemptions.
Provides detailed component definitions. to prevent loopholes, ensuring people cannot simply modify or partially assemble devices to evade the law, and clarifies that inoperable display units are not covered, which is relevant for museums or educational displays.
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Who cares
Flamethrower owners and prospective buyers
The bill would make possession a class E felony, but exempt flamethrowers lawfully acquired and possessed before its effective date.
Farmers and construction businesses
Flamethrowers used for agricultural or construction purposes would be exempt from the possession ban.
Historical flamethrower collectors and restorers
The bill would exempt qualifying historical flamethrowers and would not prohibit manufacturing, remanufacturing, restoring or altering flamethrower components.
Police and prosecutors
The bill would create a possession offense covering devices capable of projecting burning fuel at least three feet, excluding inoperable display units and subject to specified exemptions.
Headline styles
Ban Civilian Flamethrowers
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.58
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 48–13
- Ordered to third reading cal.1234
- Committee discharged and committed to rules
Show 1 earlier action
- 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 Assembly Committee · Codes · Sponsor Kimberly Jean-Pierre
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1637
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06904-01-9
S. 1637 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.
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
The purpose of this bill is to establish 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, 27, 28, and 29 which provide for the definition of a flamethrower
Section 2. amends the penal law by adding a new section 265.41 which provides for the criminal possession of a flamethrower.
Section 3. is the enacting clause.
Justification
Elon Musk's Boring Company released a new flamethrower which 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 from the user.
Studies have shown that the most common reason for buying a flamethrow- er, is for entertainment. However, allowing untrained people to own these machines purely for the value of entertainment is dangerous. This bill establishes that owning and using a flamethrower as 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 needs to be restricted to trained professionals.
Fiscal implications
To be determined
Effective date
This act 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.