Bill Text: NY A00852 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 852 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00852 Detail]

Download: New_York-2021-A00852-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           852

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. JEAN-PIERRE, FERNANDEZ, SAYEGH, GLICK, SIMON,
          COOK, GOTTFRIED, WALKER, PICHARDO -- Multi-Sponsored by --  M.  of  A.
          GRIFFIN, SEAWRIGHT -- read once and referred 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 32, 33, 34 and 35 to read as follows:
     3    32.  "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    33.  "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    34.  "Substantial  part"  means constructed with at least five signif-
    11  icant components manufactured prior to nineteen hundred sixty-six.
    12    35. "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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03495-01-1

        A. 852                              2

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