The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    852
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. JEAN-PIERRE, FERNANDEZ, SAYEGH, GLICK, SIMON,
   COOK, GOTTFRIED, WALKER, PICHARDO -- Multi-Sponsored by --  M.  of  A.
   GRIFFIN, SEAWRIGHT -- read once and referred 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 32, 33, 34 and 35 to read as follows:
   32.  "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.
   33.  "HISTORICAL  FLAMETHROWER"  MEANS  A FLAMETHROWER CONSTRUCTED, IN
 WHOLE OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO  NINE-
 TEEN HUNDRED SIXTY-SIX.
   34.  "SUBSTANTIAL  PART"  MEANS CONSTRUCTED WITH AT LEAST FIVE SIGNIF-
 ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
   35. "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03495-01-1

 A. 852                              2
 
   (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.
   A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FLAMETHROWER WHEN HE OR
 SHE POSSESSES A FLAMETHROWER; PROVIDED, HOWEVER, THAT  NOTHING  IN  THIS
 SECTION  SHALL  PROHIBIT  THE MANUFACTURE, REMANUFACTURE, RESTORATION OR
 ALTERATION OF FLAMETHROWER COMPONENTS. THIS SECTION SHALL NOT  APPLY  TO
 HISTORICAL   FLAMETHROWERS,   FLAMETHROWERS  USED  FOR  AGRICULTURAL  OR
 CONSTRUCTION  PURPOSES  OR  ANY  FLAMETHROWER  LAWFULLY   ACQUIRED   AND
 POSSESSED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   CRIMINAL POSSESSION OF A FLAMETHROWER IS A CLASS E FELONY.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.