No, owning a flamethrower in New Mexico is prohibited under the Dangerous Weapons Act (NMSA 1978, § 30-7-2), which classifies them as “destructive devices.” Local ordinances in Albuquerque and Santa Fe further restrict their possession, aligning with 2026 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) guidance on incendiary devices.
Key Regulations for Owning a Flamethrower in New Mexico
- State Prohibition: Flamethrowers are explicitly banned under NMSA 1978, § 30-7-2, which criminalizes possession of “any device designed to expel a flame or incendiary substance.” Violations may result in felony charges, punishable by up to 18 months imprisonment and $5,000 fines.
- Local Ordinances: Municipalities like Albuquerque (City Code § 9-2-3-10) and Santa Fe (Municipal Code § 6-3.1) impose additional restrictions, requiring permits for “controlled burning devices,” which flamethrowers do not qualify under.
- Federal Overlap: The ATF’s 2026 interim rule on “portable incendiary devices” reinforces state bans, subjecting violators to federal prosecution under 18 U.S.C. § 844, particularly if used in interstate commerce.
Exceptions exist for licensed pyrotechnicians or military/law enforcement personnel, but civilian ownership remains unlawful. Consult the New Mexico Department of Public Safety or local sheriff’s office for enforcement updates.