Bill Text: NY S01250 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to prohibiting the sale, manufacture or possession of flamethrowers; exempts historical flamethrowers, flamethrowers used for agriculture or film and television productions and flamethrowers lawfully acquired before the section takes effect.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S01250 Detail]

Download: New_York-2017-S01250-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1250
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          sale, manufacture or possession of flamethrowers
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Sale and distribution of flamethrowers prohibited. 1. For the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "flamethrower" means a device capable of projecting  a  stream  of
     7  burning  fuel  a distance of at least six feet. Inoperable display units
     8  shall not  be  considered  "flamethrowers"  for  the  purposes  of  this
     9  section.
    10    (b)  "historical  flamethrower"  means  a flamethrower constructed, in
    11  whole or in substantial part, of components manufactured prior to  nine-
    12  teen hundred sixty-six.
    13    (c)  "substantial  part"  means constructed with at least five signif-
    14  icant components manufactured prior to nineteen hundred sixty-six.
    15    (d) "significant components"  means  fully  functional  and  necessary
    16  parts for the operation of a flamethrower including:
    17    (i) fuel cell;
    18    (ii) gas caps;
    19    (iii) pressure regulator;
    20    (iv) pressure bottle;
    21    (v) hose;
    22    (vi) wand fuel valve;
    23    (vii) barrel;
    24    (viii) front grip;
    25    (ix) ignition shield; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04065-01-7
        S. 1250                             2
     1    (x) rear grip.
     2    2.  No  person, firm, partnership or corporation shall sell, offer for
     3  sale, manufacture, transfer or possess a flamethrower; provided,  howev-
     4  er, that nothing in this section shall prohibit the manufacture, remanu-
     5  facture, restoration or alteration of flamethrower components.
     6    3. This section shall not apply to:
     7    (a) historical flamethrowers;
     8    (b) flamethrowers used for agricultural purposes;
     9    (c) flamethrowers used for film or television productions; or
    10    (d)  any flamethrower lawfully acquired prior to the effective date of
    11  this section.
    12    4. Violation of this section shall be punishable by a civil penalty of
    13  not more than two hundred fifty dollars for the first  offense  and  not
    14  more than five hundred dollars for each subsequent offense.
    15    5.  This  section  shall not be construed to create a private right of
    16  action against any person or entity  possessing,  manufacturing,  trans-
    17  ferring  or  selling a flamethrower, historic flamethrower or any compo-
    18  nents thereof.
    19    § 2. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law.