S 5853: Establishes the crime of criminal possession of a flamethrower as a class E felony.

  
  STATE OF NEW YORK ________________________________________________________________________ 5853 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sen. SKOUFIS -- 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: 1 Section 1. Section 265.00 of the penal law is amended by adding four 2 new subdivisions 37, 38, 39 and 40 to read as follows: 3 37. "Flamethrower" means a device capable of projecting a stream of 4 burning fuel a distance of at least three feet. Inoperable display units 5 shall not be considered "flamethrowers" for the purposes of this 6 section. 7 38. "Historical flamethrower" means a flamethrower constructed, in 8 whole or in substantial part, of components manufactured prior to nine- 9 teen hundred sixty-six. 10 39. "Substantial part" means constructed with at least five signif- 11 icant components manufactured prior to nineteen hundred sixty-six. 12 40. "Significant components" means fully functional and necessary 13 parts for the operation of a flamethrower including: 14 (a) fuel cell; 15 (b) gas caps; 16 (c) pressure regulator; 17 (d) pressure bottle; 18 (e) hose; 19 (f) wand fuel valve; 20 (g) barrel; 21 (h) front grip; 22 (i) ignition shield; and 23 (j) rear grip. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06182-01-5 
 S. 5853 2 1 § 2. The penal law is amended by adding a new section 265.41 to read 2 as follows: 3 § 265.41 Criminal possession of a flamethrower. 4 A person is guilty of criminal possession of a flamethrower when such 5 person possesses a flamethrower; provided, however, that nothing in this 6 section shall prohibit the manufacture, remanufacture, restoration or 7 alteration of flamethrower components. This section shall not apply to 8 historical flamethrowers, flamethrowers used for agricultural or 9 construction purposes or any flamethrower lawfully acquired and 10 possessed prior to the effective date of this section. 11 Criminal possession of a flamethrower is a class E felony. 12 § 3. This act shall take effect on the one hundred twentieth day after 13 it shall have become a law.