NY State Senate Bill 2017-S8096

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2018	referred to codes

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

                                
 
BILL NUMBER: S8096

SPONSOR: BROOKS
 
TITLE OF BILL:  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

 
PURPOSE:

Establishes the crime of criminal possession of a flamethrower

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 265.00 of the Penal Law by adding four new
subdivisions:

26-Definition of Flamethrower
27-Definition of Historical Flamethrower
28-Definition of Substantial part
29-Definition of Significant components

Section 2: Amends the Penal law by adding new section 265.41, Criminal
Possession of a Flamethrower.

Section 3: Effective Date

 
JUSTIFICATION:

Earlier this year, Elon Musk's Boring Company released a new flamethrow-
er and sold out of all 20,000 within days, without any concern to the
training of the purchasers or their reasons for buying. Allowing the
general public to access this type of machine is extremely problematic;
some commercial flamethrowers can project flames up to twenty feet away
from the user. Fire Departments are concerned, as they should be, that
these machines could increase local fires due to use by unexperienced
people, or even children.

Studies have shown that when asked the reason for buying a flamethrower,
most responses were "to entertain people online and to add to enter-
tainment value." Allowing untrained people to own these machines could
cause disaster throughout the state. This bill would make owning and
using a flamethrower a criminal act, unless it is used for agricultural,
construction, or historical collection purposes. These dangerous devices
should not be sold to civilians, and use should be restricted to profes-
sionals who require the machines and are trained to use them.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

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

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.

                                                            LBD14667-02-8

 S. 8096                             2
 
   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.

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Senate Bill S8096

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S8096 (ACTIVE) - Details

2017-S8096 (ACTIVE) - Summary

2017-S8096 (ACTIVE) - Sponsor Memo

2017-S8096 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8096

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S8096 (ACTIVE) - Details

2017-S8096 (ACTIVE) - Summary

2017-S8096 (ACTIVE) - Sponsor Memo

2017-S8096 (ACTIVE) - Bill Text download pdf

Comments