Yes, owning a flamethrower in North Dakota is legal under state law, provided compliance with federal and local fire safety codes. The North Dakota State Fire Marshal’s Office enforces N.D. Admin. Code § 33-10-01.1, which classifies flamethrowers as non-prohibited devices unless used in a manner violating arson or reckless endangerment statutes. Federal regulations (ATF) do not classify flamethrowers as firearms, but their sale and transport are subject to 18 U.S.C. § 844, requiring adherence to hazardous material shipping protocols. Local jurisdictions, such as Fargo or Bismarck, may impose additional permitting for public demonstrations or commercial use.
Key Regulations for Owning a Flamethrower in North Dakota
- State Fire Code Compliance: Flamethrowers must meet N.D. Admin. Code § 33-10-01.1, which mandates secure storage and prohibition of use near combustible materials. Violations may trigger inspections by the State Fire Marshal’s Office or local fire departments.
- Local Permitting Requirements: Cities like Grand Forks and Minot require permits for public flamethrower displays under municipal ordinances (e.g., Grand Forks Municipal Code § 10-05-09). Permits are denied if the device poses a clear public safety risk.
- Federal Hazardous Material Laws: Transporting flamethrowers across state lines requires DOT-compliant packaging (49 CFR § 173.306) and may necessitate a hazardous materials endorsement for commercial carriers.