Senate Bill S1637

2019-2020 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S1637 (ACTIVE) - Details

See Assembly Version of this Bill:
A7271
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §265.41, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8096
2021-2022: S1269, A852
2023-2024: S9399, A1874

2019-S1637 (ACTIVE) - Summary

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

2019-S1637 (ACTIVE) - Sponsor Memo

2019-S1637 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1637
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06904-01-9

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