NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1874
SPONSOR: Jean-Pierre (MS) 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.
STATE OF NEW YORK
________________________________________________________________________
1874
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. JEAN-PIERRE, SAYEGH, GLICK, SIMON, COOK, WALKER
-- Multi-Sponsored by -- M. of A. SEAWRIGHT -- 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 Assem-bly, do enact as follows:
1 Section 1. Section 265.00 of the penal law is amended by adding four
2 new subdivisions 36, 37, 38 and 39 to read as follows:
3 36. "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 37. "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 38. "Substantial part" means constructed with at least five signif-
11 icant components manufactured prior to nineteen hundred sixty-six.
12 39. "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.
LBD02830-01-3
A. 1874 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 he or
5 she 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.
