Bill Text: NY S09399 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-15 - REFERRED TO CODES [S09399 Detail]

Download: New_York-2023-S09399-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9399

                    IN SENATE

                                      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:

     1    Section  1.  Section 265.00 of the penal law is amended by adding four
     2  new subdivisions 36, 37, 38 and 39 to read as follows:
     3    36. "Flamethrower" means a device capable of projecting  a  stream  of
     4  burning fuel a distance of at least three feet. Inoperable display units
     5  shall  not  be  considered  "flamethrowers"  for  the  purposes  of this
     6  section.
     7    37. "Historical flamethrower" means  a  flamethrower  constructed,  in
     8  whole  or in substantial part, of components manufactured prior to nine-
     9  teen hundred sixty-six.
    10    38. "Substantial part" means constructed with at  least  five  signif-
    11  icant components manufactured prior to nineteen hundred sixty-six.
    12    39.  "Significant  components"  means  fully  functional and necessary
    13  parts for the operation of a flamethrower including:
    14    (a) fuel cell;
    15    (b) gas caps;
    16    (c) pressure regulator;
    17    (d) pressure bottle;
    18    (e) hose;
    19    (f) wand fuel valve;
    20    (g) barrel;
    21    (h) front grip;
    22    (i) ignition shield; and
    23    (j) rear grip.
    24    § 2. The penal law is amended by adding a new section 265.41  to  read
    25  as follows:
    26  § 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
        S. 9399                             2

     1    A person is guilty of criminal possession of a flamethrower when he or
     2  she  possesses  a  flamethrower; provided, however, that nothing in this
     3  section shall prohibit the manufacture,  remanufacture,  restoration  or
     4  alteration  of  flamethrower components. This section shall not apply to
     5  historical   flamethrowers,   flamethrowers  used  for  agricultural  or
     6  construction  purposes  or  any  flamethrower  lawfully   acquired   and
     7  possessed prior to the effective date of this section.
     8    Criminal possession of a flamethrower is a class E felony.
     9    § 3. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.