No, owning a flamethrower in New York is prohibited under state and local fire safety codes, with exceptions limited to licensed pyrotechnicians or industrial uses. The New York City Fire Department enforces strict prohibitions under the Administrative Code §27-2023, while state-level restrictions align with the Labor Law §23 and the Fire Prevention and Building Code of New York State. Federal regulations under the ATF’s NFA do not preempt these stricter state and municipal rules.
Key Regulations for Owning a Flamethrower in New York
- Statewide Prohibition: New York’s Labor Law §23 and the Fire Prevention and Building Code classify flamethrowers as incendiary devices, banning civilian ownership unless explicitly licensed for agricultural or industrial purposes. Violations carry penalties up to $1,000 and potential misdemeanor charges.
- New York City Restrictions: The NYC Fire Code §27-2023 explicitly prohibits the possession or use of flamethrowers within city limits, with enforcement by the FDNY. Even temporary possession for demonstrations requires a special permit, which is rarely granted.
- 2026 Compliance Shift: Pending amendments to the New York State Uniform Fire Prevention and Building Code (effective 2026) will further restrict the sale and transfer of incendiary devices, aligning with updated NFPA 1 standards. Retailers must now report inventory to the Office of Fire Prevention and Control.