The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, SAYEGH, GLICK, SIMON, COOK, WALKER
   -- Multi-Sponsored by -- M. of A. 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 36, 37, 38 and 39 to read as follows:
   36.  "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.
   37.  "HISTORICAL  FLAMETHROWER"  MEANS  A FLAMETHROWER CONSTRUCTED, IN
 WHOLE OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO  NINE-
 TEEN HUNDRED SIXTY-SIX.
   38.  "SUBSTANTIAL  PART"  MEANS CONSTRUCTED WITH AT LEAST FIVE SIGNIF-
 ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
   39. "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02830-01-3

 A. 1874                             2
 
   §  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.