H. R. 4009

To amend chapter 44 of title 18, United States Code, to treat flamethrowers the same as machineguns.

IN THE HOUSE OF REPRESENTATIVES

Mr. Engel (for himself, Mrs. Carolyn B. Maloney of New York, and Mr. Hastings) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend chapter 44 of title 18, United States Code, to treat flamethrowers the same as machineguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Flamethrowers? Really? Act”.

SEC. 2. Flamethrowers treated the same as machineguns for purposes of all Federal criminal laws relating to firearms.

(a) Definition of flamethrower.—Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

“(36) The term ‘flamethrower’ means any nonstationary or transportable device designed or intended to ignite and then emit or propel a burning stream of a combustible or flammable substance a distance of at least 6 feet.”.

(b) Inclusion in definition of firearm.—Section 921(a)(3)(A) of such title is amended by inserting “, including a flamethrower” before the semicolon.

(c) Ban on possession or transfer.—Section 922(o) of such title is amended—

(1) in paragraph (1), by inserting “or flamethrower” after “machinegun”; and

(2) in paragraph (2)—

(A) by striking “or” at the end of subparagraph (A);

(B) by striking the period at the end of subparagraph (B) and inserting “; or”; and

(C) by adding at the end the following:

“(C) any otherwise lawful transfer or otherwise lawful possession of a flamethrower that was lawfully possessed before the date this subparagraph takes effect.”.

(d) Ban on unauthorized transport in interstate or foreign commerce.—Section 922 of such title is amended in each of subsections (a)(4) and (b)(4) by inserting “flamethrower,” before “machinegun”.

(e) Enhanced penalties for using, carrying, or possessing during and in relation to a crime of violence or drug trafficking crime.—Section 924(c)(1) of such title is amended in each of subparagraphs (B)(ii) and (C)(ii) by inserting “, a flamethrower,” after “machinegun”.

(f) Penalties for conspiring To commit an offense subject to certain enhanced penalties.—Section 924(o) of such title is amended by inserting “, flamethrower,” after “machinegun”.

(g) Exception from requirement To allow importation of an unserviceable firearm that is a curio or museum piece.—Section 925(d)(2) of such title is amended by inserting “a flamethrower or” before “a machinegun”.

(h) Exception from concealed firearms allowed To be carried by qualified law enforcement officers.—Section 926B(e)(3) of such title is amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following:

“(B) any flamethrower;”.

(i) Exception from concealed firearms allowed To be carried by qualified retired law enforcement officers.—Section 926C(e)(1)(C) of such title is amended by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively, and inserting after clause (i) the following:

“(ii) any flamethrower;”.