Senate Bill S9399

2023-2024 Legislative Session

Establishes the crime of criminal possession of a flamethrower

download bill text pdf

Sponsored By

Current 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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2023-S9399 (ACTIVE) - Details

See Assembly Version of this Bill:
A1874
Current Committee:
Senate 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: S1637, A7271
2021-2022: S1269, A852

2023-S9399 (ACTIVE) - Summary

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

2023-S9399 (ACTIVE) - Sponsor Memo

2023-S9399 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9399
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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.
   § 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.
                                                            LBD02830-01-3
              

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