STATE OF NEW YORK
________________________________________________________________________
5853
2025-2026 Regular Sessions
IN SENATE
March 3, 2025
___________
Introduced by Sen. SKOUFIS -- 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 Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding four
2 new subdivisions 37, 38, 39 and 40 to read as follows:
3 37. "Flamethrower" means a device capable of projecting a stream of
4 burning fuel a distance of at least three feet. Inoperable display units
5 shall not be considered "flamethrowers" for the purposes of this
6 section.
7 38. "Historical flamethrower" means a flamethrower constructed, in
8 whole or in substantial part, of components manufactured prior to nine-
9 teen hundred sixty-six.
10 39. "Substantial part" means constructed with at least five signif-
11 icant components manufactured prior to nineteen hundred sixty-six.
12 40. "Significant components" means fully functional and necessary
13 parts for the operation of a flamethrower including:
14 (a) fuel cell;
15 (b) gas caps;
16 (c) pressure regulator;
17 (d) pressure bottle;
18 (e) hose;
19 (f) wand fuel valve;
20 (g) barrel;
21 (h) front grip;
22 (i) ignition shield; and
23 (j) rear grip.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06182-01-5
S. 5853 2
1 § 2. The penal law is amended by adding a new section 265.41 to read
2 as follows:
3 § 265.41 Criminal possession of a flamethrower.
4 A person is guilty of criminal possession of a flamethrower when such
5 person possesses a flamethrower; provided, however, that nothing in this
6 section shall prohibit the manufacture, remanufacture, restoration or
7 alteration of flamethrower components. This section shall not apply to
8 historical flamethrowers, flamethrowers used for agricultural or
9 construction purposes or any flamethrower lawfully acquired and
10 possessed prior to the effective date of this section.
11 Criminal possession of a flamethrower is a class E felony.
12 § 3. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law.
