Are Flamethrowers Legal in California

What I take away from all of this is the simple acquisition of a permit, or what should be simple allows a person to own and use a flamethrower. Well, if you consider permits for flamethrowers, the attached price tag is not cheap. Information provided by California Fire Marshals put a price of $425 on a flamethrower permit that burns my wallet. Summer is almost here, and that means barbecues, pool parties, and camping. And as funny as it all sounds, how many times have you thought, “Do you know what this party needs? A flamethrower”? Well, you`re in luck. Not only are flamethrowers already available, but a recent attempt to regulate Elon Musk`s flamethrower failed. So you are relatively free to turn it on. What could go wrong? Elon Musk is not the only flamethrower entrepreneur in the United States. The team at Ion Productions, based in Phoenix, Arizona, built a thirty-foot portable flamethrower. The device is called XM42-M, and the company notes that it sells a “legal AC version.” These flamethrowers — which honestly give the impression that Musk`s flames are puny — can be purchased online. Depending on the wording, flamethrowers may fall within the definition of fireworks in certain places where fireworks are prohibited.

Using a flamethrower would almost certainly violate any burn prohibitions that might be in place. Several cases of Not-A flamethrowers have been seized during the seizure of illegal drugs and weapons by law enforcement agencies in the United States and Canada. [7] Improvised flamethrowers, described as based on instructions related to the Not-A flamethrower, have also been seized by right-wing extremists in the United States. [8] There is no federal law banning flamethrowers, but the U.S. military decided in 1978 not to use one of the most horrific weapons ever seen on a battlefield. Some have suggested that this was a moral and ethical decision, but there may also have been a question about the effectiveness of soldiers walking on a battlefield with tanks of flammable liquid on their backs. Byars didn`t mention self-defense in his interview with WTOP, but he said people don`t need a license to run the XM42. Perhaps that would eliminate the need for a licence to carry a dangerous weapon. But the accuracy of some of Byars` information should be questioned. He said California is the only state that bans flamethrowers. The U.S. Consumer Product Safety Commission issued guidelines on the safe operation of flamethrowers in 2018.

Guidance creator Joseph Galbo commented that “although the CPSC has not received reports of flamethrower injuries, it seemed desirable to give safety advice to the public” after the introduction of more powerful civilian flamethrowers this year. [5] In the same year, The Boring Company introduced a weaker flamethrower model than the two models introduced by other companies in 2015, called Not-A-Flamethrower. [6] This flamethrower drew attention to the more powerful flamethrowers of the Throwflame and Ion Production team, both of which told the Los Angeles Times that they saw an increase in flamethrower sales in 2018. [3] It`s true: all backyard arsonists can rejoice. If you want to participate in activities that involve an excessive flow of straight and clear fire, California is the place for you. However, unlike other states, flamethrowers in California are regulated by a licensing system. Thus, those who use flamethrowers cannot be completely free to choose their fire projectiles. While it is difficult to conclusively establish that flamethrowers are legal throughout the United States, there appears to be very little direct ban on flamethrowers, although some states regulate them. New York State Senator John Brooks introduced a bill in the Senate in 2019 that would criminalize the recreational use of flamethrowers while allowing use “for agricultural, structural, or historical collection purposes.” In March 2022, this bill is before the Rules Committee and appears to be at a standstill. [15] Representative Engel reintroduced the bill in the 116th Congress. At the time, a former ATF employee pointed out that Congress must first legally change the definition of what counts as a firearm so that flamethrowers can be regulated by the federal government. Under President Donald Trump, changing gun laws was seen as a false start, ruling out any chance of a bill regulating flamethrowers nationwide becoming law.

[14] Flamethrowers are an extremely fun and exciting weapon that can make any day a good time. You remain legal in many eu states and it is therefore possible to spend the day playing with your personal flamethrower. Starting in 2015, several companies began selling flamethrowers to civilians. This has led to increased interest in their regulation, with unsuccessful attempts to regulate flamethrowers at the federal and state levels starting in 2022. Proponents of the regulation pointed to the potential dangers of civilian use of flamethrowers, while opponents identified legitimate uses and pointed to the nearly non-existent number of flamethrower incidents in the United States. The laws that affect flamethrowers aren`t exactly what comes to mind when I search different state jurisdictions. However, in the case of owning a flamethrower, it may be appropriate to know the laws. California Health and Safety Codes 12750 through 12761 describe that owning or selling flamethrowers without a license from the state fire marshal is illegal, aside from Maryland as the only two states in the country to have flamethrower regulations. For example, Musk`s flamethrowers are not as powerful as expected.

They only produce a beam of fire of up to 1 foot. Honestly, I`m a little disappointed. It seems to me that every aspect of owning a flamethrower comes at a huge price. For example, tech mogul Elon Musk sells flamethrowers. Why does the founder, co-founder of PayPal, want to enter the flamethrower market? I have no idea. But Musk`s flamethrowers carry the whopping $500 prize! Maryland is the only American flamethrower to be completely banned. Possession and/or use of a flamethrower in Maryland is punishable by a fine of $250,000 and/or up to 25 years in prison. [10] Flamethrowers are also severely restricted in California, but in certain circumstances, permits can be obtained for their use, particularly in the production and film adaptation of films and television shows.

[2] Specifically, California prohibits “any non-stationary, transportable device intended or intended to emit or cause a burning stream of flammable or flammable liquid over a distance of at least 10 feet” without the permission of a fire marshal. This definition excludes the flamethrower manufactured by The Boring Company because this device does not exceed the distance limit or projects a flow of flammable liquid. [11] In the other 48 states and the District of Columbia, there are no state or federal restrictions on their use or ownership, although some municipalities regulate them. [2] Ars has ordered one of these flamethrowers, and Ars` gadget guru Ron Amadeo plans to check it out. In 2015, MP Eliot Engel introduced the “Flamethrowers? Oh, really? An act of the 114th Congress that would regulate flamethrowers identical to machine guns, which have long been largely illegal for civilians in the United States. This bill was referred to the Subcommittee on Crime, Terrorism, Homeland Security and Investigations, but no further action was taken. [13] Ironically, the prospect of eventually banning flamethrowers raised awareness of their legality, with the CEO of the ion production team, Ars Technica, stating in 2015: “We have received enormous support from the police, fire departments, our customers and interested parties to keep them legal.” [12] The bill never came out of the 114th Congressional Committee. [14] Given this development, nothing prevents the company`s annoying customers in California from receiving the company`s exhausted flamethrowers. In the state of California, it is illegal to buy a flamethrower, but not illegal to own one. The possession of flamethrowers is an issue that the federal government leaves to the states. There is no federal law that relates to flamethrowers in any way.

Due to the lack of federal laws and the scarcity of flamethrowers, there are relatively few states that choose to regulate flamethrowers. California has decided to ban flamethrowers. The penalty for possession of flamethrowers can be up to a year in prison or a fine of about $10,000. California remains the only state to have banned flamethrowers. The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does not define flamethrowers as weapons because they are not included in the National Firearms Act and states that their regulation does not fall under the agency`s jurisdiction. [12] The use or display of a flamethrower in a national park is not permitted and could result in charges of disturbance, according to National Capitol Area Regional Chief Ranger William Reynolds. [2] In summary, it appears that flamethrowers are legal in the United States, although they may be regulated in some states such as California.