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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Mar 03, 2025 |
referred to codes |
Senate Bill S5853
2025-2026 Legislative Session
Sponsored By
(D) 42nd Senate District
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
Actions
2025-S5853 (ACTIVE) - Details
2025-S5853 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5853
SPONSOR: SKOUFIS
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:
The purpose of this bill is to establish 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 37, 38, 39, and 40 which provide for the definition of a
flamethrower
Section 2. amends the penal law by adding a new section 265.41 which
provides for the criminal possession of a flamethrower.
2025-S5853 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5853
2025-2026 Regular Sessions
I N S E N A T E
March 3, 2025
___________
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 37, 38, 39 and 40 to read as follows:
37. "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.
38. "HISTORICAL FLAMETHROWER" MEANS A FLAMETHROWER CONSTRUCTED, IN
WHOLE OR IN SUBSTANTIAL PART, OF COMPONENTS MANUFACTURED PRIOR TO NINE-
TEEN HUNDRED SIXTY-SIX.
39. "SUBSTANTIAL PART" MEANS CONSTRUCTED WITH AT LEAST FIVE SIGNIF-
ICANT COMPONENTS MANUFACTURED PRIOR TO NINETEEN HUNDRED SIXTY-SIX.
40. "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.
LBD06182-01-5
S. 5853 2
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