Yes, owning a flamethrower in Texas is legal under state law, but local ordinances and federal regulations may impose restrictions. Texas has no statewide ban, yet cities like Austin and Dallas enforce strict fire safety codes that could limit use or require permits. Federal agencies, including the ATF, regulate devices with incendiary capabilities, mandating compliance with hazardous material laws.
Key Regulations for Owning a Flamethrower in Texas
- State-Level Compliance: Texas Penal Code § 46.05 prohibits the possession of “explosive weapons,” but flamethrowers are not explicitly classified as such. However, their use in public spaces may violate local fire codes.
- Local Fire Safety Codes: Municipalities like Houston and San Antonio require permits for open-flame devices. Violations may result in fines or confiscation under city ordinances updated in 2023.
- Federal Hazardous Material Laws: The ATF classifies flamethrowers as “incendiary devices” under 18 U.S.C. § 842. Owners must adhere to storage and transportation protocols, including secure containment and ATF registration if the device exceeds 4 oz. of fuel capacity.