Senate Bill S8096

2017-2018 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2017-S8096 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §265.41, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1637
2021-2022: S1269
2023-2024: S9399

2017-S8096 (ACTIVE) - Summary

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

2017-S8096 (ACTIVE) - Sponsor Memo

2017-S8096 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8096
 
                             I N  S E N A T E
 
                              March 28, 2018
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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:
 
   Section  1.  Section 265.00 of the penal law is amended by adding four
 new subdivisions 26, 27, 28 and 29 to read as follows:
   26. "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.
   27. "HISTORICAL FLAMETHROWER" MEANS  A  FLAMETHROWER  CONSTRUCTED,  IN
 WHOLE  OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO NINE-
 TEEN HUNDRED SIXTY-SIX.
   28. "SUBSTANTIAL PART" MEANS CONSTRUCTED WITH AT  LEAST  FIVE  SIGNIF-
 ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
   29.  "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.
   § 2. The penal law is amended by adding a new section 265.41  to  read
 as follows:
 § 265.41 CRIMINAL POSSESSION OF A FLAMETHROWER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.