BILL NUMBER: S5853
SPONSOR: SKOUFIS
 
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 37, 38, 39, and 40 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. Establishes the effective date.
 
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 flamethrower
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.
 
LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S9399, Referred to codes
Assembly
2023: A1874, Referred to codes
2024: A1874, Referred to codes
 
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.

Statutes affected:
S5853: 265.00 penal law