Assembly Bill A1874

2023-2024 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A1874 (ACTIVE) - Details

See Senate Version of this Bill:
S9399
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.00, add §265.41, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8096
2019-2020: A7271, S1637
2021-2022: A852, S1269

2023-A1874 (ACTIVE) - Summary

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

2023-A1874 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. JEAN-PIERRE, SAYEGH, GLICK, SIMON, COOK, WALKER
   -- Multi-Sponsored by -- M. of A. SEAWRIGHT -- read once and  referred
   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 36, 37, 38 and 39 to read as follows:
   36.  "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.
   37.  "HISTORICAL  FLAMETHROWER"  MEANS  A FLAMETHROWER CONSTRUCTED, IN
 WHOLE OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO  NINE-
 TEEN HUNDRED SIXTY-SIX.
   38.  "SUBSTANTIAL  PART"  MEANS CONSTRUCTED WITH AT LEAST FIVE SIGNIF-
 ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
   39. "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.
                                                            LBD02830-01-3
              

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