senate Bill S8096

2017-2018 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2018 referred to codes

S8096 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §265.41, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1637

S8096 (ACTIVE) - Summary

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

S8096 (ACTIVE) - Sponsor Memo

S8096 (ACTIVE) - Bill Text download pdf


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

                                  8096

                            I N  S E N A T E

                             March 28, 2018
                               ___________

Introduced  by  Sen.  BROOKS -- 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:

  Section  1.  Section 265.00 of the penal law is amended by adding four
new subdivisions 26, 27, 28 and 29 to read as follows:
  26. "FLAMETHROWER" MEANS A DEVICE CAPABLE OF PROJECTING  A  STREAM  OF
BURNING FUEL A DISTANCE OF AT LEAST THREE FEET. INOPERABLE DISPLAY UNITS
SHALL  NOT  BE  CONSIDERED  "FLAMETHROWERS"  FOR  THE  PURPOSES  OF THIS
SECTION.
  27. "HISTORICAL FLAMETHROWER" MEANS  A  FLAMETHROWER  CONSTRUCTED,  IN
WHOLE  OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO NINE-
TEEN HUNDRED SIXTY-SIX.
  28. "SUBSTANTIAL PART" MEANS CONSTRUCTED WITH AT  LEAST  FIVE  SIGNIF-
ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
  29.  "SIGNIFICANT  COMPONENTS"  MEANS  FULLY  FUNCTIONAL AND NECESSARY
PARTS FOR THE OPERATION OF A FLAMETHROWER INCLUDING:
  (A) FUEL CELL;
  (B) GAS CAPS;
  (C) PRESSURE REGULATOR;
  (D) PRESSURE BOTTLE;
  (E) HOSE;
  (F) WAND FUEL VALVE;
  (G) BARREL;
  (H) FRONT GRIP;
  (I) IGNITION SHIELD; AND
  (J) REAR GRIP.
  § 2. The penal law is amended by adding a new section 265.41  to  read
as follows:
§ 265.41 CRIMINAL POSSESSION OF A FLAMETHROWER.

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

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