New York S 5853: Relates to criminal possession of a flamethrower

Bill Text

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S05853 Summary:

BILL NOS05853 

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SAME ASSAME AS A03247

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Amd §265.00, add §265.41, Pen L

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Establishes the crime of criminal possession of a flamethrower as a class E felony.

Go to top S05853 Actions:

BILL NOS05853 

&nbsp

03/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05853 Committee&nbspVotes:

Go to topS05853 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05853 Text:

 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.

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