assembly Bill A852

2021-2022 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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
Jan 06, 2021 referred to codes

Co-Sponsors

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Multi-Sponsors

A852 (ACTIVE) - Details

See Senate Version of this Bill:
S1269
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §265.41, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8096
2019-2020: A7271, S1637

A852 (ACTIVE) - Summary

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

A852 (ACTIVE) - Bill Text download pdf

 
                     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