Regulation of flamethrowers in the United States

In the United States, flamethrowers are broadly legal for personal ownership and use. California requires a permit for the possession of a flamethrower, and only Maryland has outright banned their ownership and use. No federal laws exist regarding flamethrowers, as the Bureau of Alcohol, Tobacco, Firearms and Explosives does not consider them to be a weapon.[1]

FBI Lieutenant Oliver R. Bailey demonstrating use of an improvised spray can flamethrower in 1964

The United States is party to the Convention on Certain Conventional Weapons, an international treaty which partially restricts the military use of incendiary weapons, including flamethrowers.[2] However, the convention does not regulate the use of flamethrowers outside of military applications.

History of civilian use of flamethrowers
Safety guidelines for civilian use of flamethrowers, published by the U.S. Consumer Product Safety Commission in 2018

Two startup companies began producing and selling flamethrowers for civilian use in the United States in 2015, Cleveland-based Throwflame and Detroit-based Ion Productions Team.[3] While acknowledging many purchasers wanted flamethrowers simply for fun, both companies have identified genuine civilian uses of flamethrowers, including for controlling brush and for starting controlled burns.[3]

In 2018, the U.S. Consumer Product Safety Commission issued guidance on the safe operation of flamethrowers, with guidance creator Joseph Galbo acknowledging "While CPSC had received no reports of flamethrower injuries, it seemed prudent to put out safety tips for the public." following the introduction of more powerful civilian flamethrowers that year.[4] In the same year, The Boring Company introduced a "flamethrower" that was a blow torch shaped to look like a gun, and therefore it is legal to use in all U.S. states except Maryland.[5] The sale attracted criticism, with politician Miguel Santiago seeking to introduce legislation that would ban sales of the device in California.[6]

Existing regulations

Maryland is the sole U.S. state to entirely ban flamethrowers. Possessing and/or using a flamethrower in Maryland is punishable by a US$250,000 fine and/or up to 25 years imprisonment.[7] Flamethrowers are also heavily restricted in California, but permits may be acquired for their use in limited circumstances, primarily in the production and filming of movies and TV shows.[3] In the other 48 states and the District of Columbia there are no state or federal level restrictions on their use or possession, though some municipalities regulate them.[3] Using or displaying a flamethrower in a National Park is not allowed and could result in charges for causing unrest, according to then-Regional Chief Park Ranger of the National Capitol Region William Reynolds.[3]

Attempt at federal legislation

In 2015, Representative Eliot Engel introduced the "Flamethrowers? Really?" Act in the 114th Congress, which would regulate flamethrowers identically 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 on it.[8] Ironically, the prospect of potentially banning flamethrowers increased awareness of their legality, with Ion Productions Team's CEO telling Ars Technica in 2015, "We've received a large amount of support from police, fire, our customers, and interested parties regarding keeping them legal."[1]

Attempts at state legislation

New York state senator John Brooks introduced a bill in the State Senate in 2019 which would criminalize the recreational use of flamethrowers, while permitting use "for agricultural, construction, or historical collection purposes." As of March 2022, this bill is in a senate committee and appears to be stalled.[9]

References
  1. Farivar, Cyrus (August 25, 2015). "Facing possible ban, more Americans are buying new—and legal—$900 flamethrowers". Ars Technica. Archived from the original on March 10, 2022. Retrieved March 10, 2022.
  2. "Protocol III to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons". United Nations Office for Disarmement Affairs. Retrieved March 18, 2022.
  3. Smith, Aaron (August 13, 2015). "Flamethrowers, given up by military, are now being sold to the public". CNN Business. CNN. Archived from the original on March 10, 2022. Retrieved March 10, 2022.
  4. Galbo, Joseph (June 12, 2018). Flame Throwing Device Safety (Image). LCCN 2019666988. Archived from the original on March 10, 2022. Retrieved March 10, 2022.
  5. "Timeout everyone. Y'all know that Musk's $500 'flamethrower' is literally a Boring blowtorch?". The Register. Archived from the original on January 30, 2018. Retrieved January 30, 2018. the "flamethrower" is basically a glorified propane blowtorch of the type commonly used by gardeners for burning weeds
  6. "California politician will seek sale ban on Elon Musk's Boring Company flamethrower". The Verge. Archived from the original on February 4, 2018. Retrieved February 4, 2018.
  7. "State Fire Marshal Reminds Marylanders That Flamethrowers Are Illegal". CBS Baltimore. Baltimore. February 3, 2018. Archived from the original on November 9, 2020. Retrieved March 10, 2022.
  8. Engel, Eliot L. (December 4, 2015). "H.R.4009 - Flamethrowers? Really? Act". United States Congress. Archived from the original on March 10, 2022. Retrieved March 10, 2022.
  9. Brooks, John E.; Carlucci, David (January 15, 2019). "Senate Bill S1637". New York State Senate. Archived from the original on April 16, 2021. Retrieved March 10, 2022.
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