Assembly Bill A8397

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8397

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2015
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law and the  executive  law,  in  relation  to
  flamethrowing devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 26 to read as follows:
  26.  "FLAMETHROWING DEVICE" MEANS ANY NON-STATIONARY AND TRANSPORTABLE
DEVICE DESIGNED OR INTENDED TO  EMIT  OR  PROPEL  A  BURNING  STREAM  OF
COMBUSTIBLE OR FLAMMABLE LIQUID A DISTANCE OF AT LEAST TEN FEET.
  S  2.  The penal law is amended by adding a new section 265.38 to read
as follows:
S 265.38 UNLAWFUL POSSESSION OF A FLAMETHROWING DEVICE.
  1. IT SHALL BE UNLAWFUL FOR A  PERSON  TO  KNOWINGLY  SELL,  PURCHASE,
POSSESS,  TRANSPORT, STORE, OR USE A FLAMETHROWING DEVICE, AS DEFINED BY
SUBDIVISION TWENTY-SIX OF SECTION 265.00 OF THIS ARTICLE.
  2. ANY PERSON WHO USES OR POSSESSES ANY FLAMETHROWING DEVICE WITHOUT A
VALID FLAMETHROWING DEVICE PERMIT ISSUED PURSUANT TO SECTION  402.00  OF
THIS CHAPTER, SHALL BE GUILTY OF A CLASS B FELONY.
  3.  THIS  SECTION  SHALL  NOT APPLY TO THE SALE, PURCHASE, POSSESSION,
TRANSPORTATION, STORAGE, OR USE OF A FLAMETHROWING DEVICE BY  A  PERSON,
IF THE FOLLOWING CRITERIA ARE MET:
  (A)  THE  PERSON IS REGULARLY EMPLOYED BY OR A PAID OFFICER, EMPLOYEE,
OR MEMBER OF A FIRE DEPARTMENT, FIRE PROTECTION DISTRICT, OR  FIREFIGHT-
ING  AGENCY  OF  THE  FEDERAL GOVERNMENT, THE STATE, A CITY, A COUNTY, A
CITY AND COUNTY, DISTRICT, PUBLIC OR MUNICIPAL CORPORATION, OR POLITICAL
SUBDIVISION OF THIS STATE;
  (B) THE PERSON IS ON DUTY AND ACTING WITHIN THE COURSE  AND  SCOPE  OF
HIS OR HER EMPLOYMENT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11943-01-5

              

A. 8397                             2

  (C)  THE  FLAMETHROWING  DEVICE  IS  USED BY THE FIRE DEPARTMENT, FIRE
PROTECTION DISTRICT, OR FIREFIGHTING AGENCY DESCRIBED IN  THIS  SUBDIVI-
SION IN THE COURSE OF FIRE SUPPRESSION.
  S  3.  The penal law is amended by adding a new article 402 to read as
follows:
                               ARTICLE 402
               LICENSING RELATING TO FLAMETHROWING DEVICES
SECTION 402.00 LICENSES TO SELL, PURCHASE, POSSESS, TRANSPORT, STORE, OR
                 USE A FLAMETHROWING DEVICE.
S 402.00 LICENSES TO SELL, PURCHASE, POSSESS, TRANSPORT, STORE, OR USE A
           FLAMETHROWING DEVICE.
  1. NO PERSON SHALL SELL, PURCHASE, POSSESS, TRANSPORT, STORE, OR USE A
FLAMETHROWING DEVICE WITHOUT A VALID FLAMETHROWING DEVICE LICENSE ISSUED
BY THE DIRECTOR  OF  FIRE  PREVENTION  AND  CONTROL,  PURSUANT  TO  THIS
SECTION.
  2.  THE  STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION AND
CONTROL SHALL ADOPT REGULATIONS TO ADMINISTER THIS SECTION AND ESTABLISH
STANDARDS FOR THE BACKGROUND INVESTIGATION  OF  AN  APPLICANT  FOR,  AND
HOLDER OF, A FLAMETHROWING DEVICE LICENSE, AND FOR THE USE, STORAGE, AND
TRANSPORTATION OF A FLAMETHROWING DEVICE.
  3.  THE  STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION AND
CONTROL SHALL, IN CONJUNCTION WITH THE STANDARDS ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, REQUIRE  AT  A  MINIMUM  THE  FOLLOWING
CRITERIA  BE  MET  PRIOR  TO  ISSUING OR RENEWING A FLAMETHROWING DEVICE
LICENSE. THE APPLICANT OR LICENSE HOLDER:
  (A) IS TWENTY-ONE YEARS OF AGE OR OLDER;
  (B) HAS NOT BEEN CONVICTED ANYWHERE OF A FELONY OR SERIOUS OFFENSE;
  (C) IS NOT A FUGITIVE FROM JUSTICE;
  (D) IS NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE
AS DEFINED IN SECTION 21 U.S.C. 802; AND
  (E) HAS STATED WHETHER HE OR SHE HAS EVER SUFFERED ANY MENTAL ILLNESS.
  4. THE STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE  PREVENTION  AND
CONTROL  SHALL  REVOKE  A  FLAMETHROWING  DEVICE LICENSE IF SUCH LICENSE
HOLDER DOES NOT COMPLY WITH THE REQUIREMENTS OF  THIS  SECTION  AND  ANY
REGULATIONS CREATED PURSUANT TO THIS SECTION.
  5.  THE  STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION AND
CONTROL SHALL ESTABLISH FEES PURSUANT TO THIS SECTION THAT SHALL BE USED
FOR AUTHORIZED ARSON, FIRE PREVENTION AND CONTROL EXPENDITURES.
  S 4. Section 156 of the executive law  is  amended  by  adding  a  new
subdivision 22 to read as follows:
  22.  ADOPT  REGULATIONS TO ADMINISTER SECTION 402.00 OF THE PENAL LAW,
AND ESTABLISH STANDARDS FOR THE BACKGROUND INVESTIGATION OF AN APPLICANT
FOR, AND HOLDER OF, A FLAMETHROWING DEVICE LICENSE,  AND  FOR  THE  USE,
STORAGE, AND TRANSPORTATION OF A FLAMETHROWING DEVICE.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law,  provided, however, that the state fire
administrator of the office of fire prevention and control is authorized
and directed to promulgate any rules or regulations necessary to  imple-
ment the provisions of this act on or before such effective date.