NY State Senate Bill 2017-S1250

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jun 06, 2017	reported and committed to rules
Jan 06, 2017	referred to consumer protection

Votes

- Jun 6, 2017 - Consumer Protection Committee Vote
  S1250
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jun 6, 2017
      
      aye (10)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Funke
      
      Hamilton
      
      Helming
      
      Latimer
      
      Robach
      
      Serrano
      
      aye wr (1)
      
      Amedore

2017-S1250 (ACTIVE) - Details

See Assembly Version of this Bill:: A2976
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L

2017-S1250 (ACTIVE) - Summary

Relates to prohibiting the sale, manufacture or possession of flamethrowers; exempts historical flamethrowers, flamethrowers used for agriculture or film and television productions and flamethrowers lawfully acquired before the section takes effect.

2017-S1250 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1250

 TITLE OF BILL :  An act to amend the general business law, in
relation to prohibiting the sale, manufacture or possession of
flamethrowers

 PURPOSE :

This bill is intended to protect the public and preserve history by
preventing the proliferation of commercially available flamethrowers.

 SUMMARY OF PROVISIONS :

Section 1 amends the general business law by adding a new section
391-u that prohibits the sale and distribution of flamethrowers by any
person, firm, partnership, or corporation and defines the terms
"flamethrower", "historical flamethrower", "substantial part", and
"significant components".

Paragraph 4 of section 1, deems a violation of this section to be
punishable by a civil penalty of no more than two hundred and fifty
dollars for the first offense and no more than five hundred dollars
for each subsequent offense.

Section 2 lists the effective date.

 JUSTIFICATION :

Researchers have found a dangerous lack of regulation of the sale and
manufacturing of flamethrowers to the general public. The failure to
act is resulting in the exploitation by major companies across the
United States (Hobson, 2016).

It has been estimated that less than fifty functional historic
flamethrowers exist in the U.S. whereas hundreds of commercial
flamethrowers are being produced and shipped to untrained operators.
With these devices available for recreational use there is an
increased the risk of harm to the operator and to the general public.

This bill will help to protect the public while preserving the private
ownership and historical significance of wartime flamethrowers. It
also carves out exemptions for film and television production as well
as agricultural uses.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This shall take effect on the one hundred twentieth day after it shall
have become a law.

2017-S1250 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1250
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale, manufacture or possession of flamethrowers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U. SALE AND DISTRIBUTION OF FLAMETHROWERS PROHIBITED. 1. FOR THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "FLAMETHROWER" MEANS A DEVICE CAPABLE OF PROJECTING  A  STREAM  OF
 BURNING  FUEL  A DISTANCE OF AT LEAST SIX FEET. INOPERABLE DISPLAY UNITS
 SHALL NOT  BE  CONSIDERED  "FLAMETHROWERS"  FOR  THE  PURPOSES  OF  THIS
 SECTION.
   (B)  "HISTORICAL  FLAMETHROWER"  MEANS  A FLAMETHROWER CONSTRUCTED, IN
 WHOLE OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO  NINE-
 TEEN HUNDRED SIXTY-SIX.
   (C)  "SUBSTANTIAL  PART"  MEANS CONSTRUCTED WITH AT LEAST FIVE SIGNIF-
 ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
   (D) "SIGNIFICANT COMPONENTS"  MEANS  FULLY  FUNCTIONAL  AND  NECESSARY
 PARTS FOR THE OPERATION OF A FLAMETHROWER INCLUDING:
   (I) FUEL CELL;
   (II) GAS CAPS;
   (III) PRESSURE REGULATOR;
   (IV) PRESSURE BOTTLE;
   (V) HOSE;
   (VI) WAND FUEL VALVE;
   (VII) BARREL;
   (VIII) FRONT GRIP;
   (IX) IGNITION SHIELD; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04065-01-7

 S. 1250                             2
 
   (X) REAR GRIP.
   2.  NO  PERSON, FIRM, PARTNERSHIP OR CORPORATION SHALL SELL, OFFER FOR
 SALE, MANUFACTURE, TRANSFER OR POSSESS A FLAMETHROWER; PROVIDED,  HOWEV-
 ER, THAT NOTHING IN THIS SECTION SHALL PROHIBIT THE MANUFACTURE, REMANU-
 FACTURE, RESTORATION OR ALTERATION OF FLAMETHROWER COMPONENTS.
   3. THIS SECTION SHALL NOT APPLY TO:
   (A) HISTORICAL FLAMETHROWERS;
   (B) FLAMETHROWERS USED FOR AGRICULTURAL PURPOSES;
   (C) FLAMETHROWERS USED FOR FILM OR TELEVISION PRODUCTIONS; OR
   (D)  ANY FLAMETHROWER LAWFULLY ACQUIRED PRIOR TO THE EFFECTIVE DATE OF
 THIS SECTION.
   4. VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
 NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR THE FIRST  OFFENSE  AND  NOT
 MORE THAN FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT OFFENSE.
   5.  THIS  SECTION  SHALL NOT BE CONSTRUED TO CREATE A PRIVATE RIGHT OF
 ACTION AGAINST ANY PERSON OR ENTITY  POSSESSING,  MANUFACTURING,  TRANS-
 FERRING  OR  SELLING A FLAMETHROWER, HISTORIC FLAMETHROWER OR ANY COMPO-
 NENTS THEREOF.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S1250

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Jun 6, 2017 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jun 6, 2017

2017-S1250 (ACTIVE) - Details

2017-S1250 (ACTIVE) - Summary

2017-S1250 (ACTIVE) - Sponsor Memo

2017-S1250 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1250

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Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2017-S1250 (ACTIVE) - Details

2017-S1250 (ACTIVE) - Summary

2017-S1250 (ACTIVE) - Sponsor Memo

2017-S1250 (ACTIVE) - Bill Text download pdf

Comments