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S01637 Summary:

Amd §265.00, add §265.41, Pen L
Establishes the crime of criminal possession of a flamethrower as a class E felony.
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S01637 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
        Introduced  by  Sen.  BROOKS -- 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 26, 27, 28 and 29 to read as follows:
     3    26. "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    27. "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    28. "Substantial part" means constructed with at  least  five  signif-
    11  icant components manufactured prior to nineteen hundred sixty-six.
    12    29.  "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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1637                             2
     1    § 2. The penal law is amended by adding a new section 265.41  to  read
     2  as follows:
     3  § 265.41 Criminal possession of a flamethrower.
     4    A person is guilty of criminal possession of a flamethrower when he or
     5  she  possesses  a  flamethrower; provided, however, that nothing in this
     6  section shall prohibit the manufacture,  remanufacture,  restoration  or
     7  alteration  of  flamethrower components. This section shall not apply to
     8  historical  flamethrowers,  flamethrowers  used  for   agricultural   or
     9  construction   purposes   or  any  flamethrower  lawfully  acquired  and
    10  possessed prior to the effective date of this section.
    11    Criminal possession of a flamethrower is a class E felony.
    12    § 3. This act shall take effect on the one hundred twentieth day after
    13  it shall have become a law.
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