Relates to prohibiting the sale, manufacture or possession of flamethrowers; exempts historical flamethrowers, flamethrowers used for agriculture or film and television productions and flamethrowers lawfully acquired before the section takes effect.
STATE OF NEW YORK
________________________________________________________________________
2976
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale, manufacture or possession of flamethrowers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-u to read as follows:
3 § 391-u. Sale and distribution of flamethrowers prohibited. 1. For the
4 purposes of this section, the following terms shall have the following
5 meanings:
6 (a) "flamethrower" means a device capable of projecting a stream of
7 burning fuel a distance of at least six feet. Inoperable display units
8 shall not be considered "flamethrowers" for the purposes of this
9 section.
10 (b) "historical flamethrower" means a flamethrower constructed, in
11 whole or in substantial part, of components manufactured prior to nine-
12 teen hundred sixty-six.
13 (c) "substantial part" means constructed with at least five signif-
14 icant components manufactured prior to nineteen hundred sixty-six.
15 (d) "significant components" means fully functional and necessary
16 parts for the operation of a flamethrower including:
17 (i) fuel cell;
18 (ii) gas caps;
19 (iii) pressure regulator;
20 (iv) pressure bottle;
21 (v) hose;
22 (vi) wand fuel valve;
23 (vii) barrel;
24 (viii) front grip;
25 (ix) ignition shield; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04065-01-7
A. 2976 2
1 (x) rear grip.
2 2. No person, firm, partnership or corporation shall sell, offer for
3 sale, manufacture, transfer or possess a flamethrower; provided, howev-
4 er, that nothing in this section shall prohibit the manufacture, remanu-
5 facture, restoration or alteration of flamethrower components.
6 3. This section shall not apply to:
7 (a) historical flamethrowers;
8 (b) flamethrowers used for agricultural purposes;
9 (c) flamethrowers used for film or television productions; or
10 (d) any flamethrower lawfully acquired prior to the effective date of
11 this section.
12 4. Violation of this section shall be punishable by a civil penalty of
13 not more than two hundred fifty dollars for the first offense and not
14 more than five hundred dollars for each subsequent offense.
15 5. This section shall not be construed to create a private right of
16 action against any person or entity possessing, manufacturing, trans-
17 ferring or selling a flamethrower, historic flamethrower or any compo-
18 nents thereof.
19 § 2. This act shall take effect on the one hundred twentieth day after
20 it shall have become a law.
