Flamethrowers? Really? Act

I 116TH CONGRESS 1ST SESSION H. R. 2671 To amend chapter 44 of title 18, United States Code, to treat flamethrowers the same as machineguns. IN THE HOUSE OF REPRESENTATIVES MAY 10, 2019 Mr. ENGEL (for himself, Mrs. CAROLYN B. MALONEY of New York, Ms. NOR- TON, and Mr. RASKIN) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Flamethrowers? Real- 4 ly? Act’’. 5 VerDate Sep 11 2014 23:09 May 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2671.IH H2671 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2671 IH SEC. 2. FLAMETHROWERS TREATED THE SAME AS MA- 1 CHINEGUNS FOR PURPOSES OF ALL FED- 2 ERAL CRIMINAL LAWS RELATING TO FIRE- 3 ARMS. 4 (a) DEFINITION OF FLAMETHROWER.—Section 5 921(a) of title 18, United States Code, is amended by add- 6 ing at the end the following: 7 ‘‘(36) The term ‘flamethrower’ means any nonsta- 8 tionary or transportable device designed or intended to ig- 9 nite and then emit or propel a burning stream of a com- 10 bustible or flammable substance a distance of at least 6 11 feet.’’. 12 (b) INCLUSION IN DEFINITION OF FIREARM.—Sec- 13 tion 921(a)(3)(A) of such title is amended by inserting 14 ‘‘, including a flamethrower’’ before the semicolon. 15 (c) BAN ON POSSESSION OR TRANSFER.—Section 16 922(o) of such title is amended— 17 (1) in paragraph (1), by inserting ‘‘or flame- 18 thrower’’ after ‘‘machinegun’’; and 19 (2) in paragraph (2)— 20 (A) by striking ‘‘or’’ at the end of subpara- 21 graph (A); 22 (B) by striking the period at the end of 23 subparagraph (B) and inserting ‘‘; or’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 23:09 May 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2671.IH H2671 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2671 IH ‘‘(C) any otherwise lawful transfer or otherwise 1 lawful possession of a flamethrower that was law- 2 fully possessed before the date this subparagraph 3 takes effect.’’. 4 (d) BAN ON UNAUTHORIZED TRANSPORT IN INTER- 5 STATE OR FOREIGN COMMERCE.—Section 922 of such 6 title is amended in each of subsections (a)(4) and (b)(4) 7 by inserting ‘‘flamethrower,’’ before ‘‘machinegun’’. 8 (e) ENHANCED PENALTIES FOR USING, CARRYING, 9 OR POSSESSING DURING AND IN RELATION TO A CRIME 10 OF VIOLENCE OR DRUG TRAFFICKING CRIME.—Section 11 924(c)(1) of such title is amended in each of subpara- 12 graphs (B)(ii) and (C)(ii) by inserting ‘‘, a flamethrower,’’ 13 after ‘‘machinegun’’. 14 (f) PENALTIES FOR CONSPIRING TO COMMIT AN OF- 15 FENSE SUBJECT TO CERTAIN ENHANCED PENALTIES.— 16 Section 924(o) of such title is amended by inserting ‘‘, 17 flamethrower,’’ after ‘‘machinegun’’. 18 (g) EXCEPTION FROM REQUIREMENT TO ALLOW IM- 19 PORTATION OF AN UNSERVICEABLE FIREARM THAT IS A 20 CURIO OR MUSEUM PIECE.—Section 925(d)(2) of such 21 title is amended by inserting ‘‘a flamethrower or’’ before 22 ‘‘a machinegun’’. 23 (h) EXCEPTION FROM CONCEALED FIREARMS AL- 24 LOWED TO BE CARRIED BY QUALIFIED LAW ENFORCE- 25 VerDate Sep 11 2014 23:09 May 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2671.IH H2671 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2671 IH MENT OFFICERS.—Section 926B(e)(3) of such title is 1 amended by redesignating subparagraphs (B) and (C) as 2 subparagraphs (C) and (D), respectively, and inserting 3 after subparagraph (A) the following: 4 ‘‘(B) any flamethrower;’’. 5 (i) EXCEPTION FROM CONCEALED FIREARMS AL- 6 LOWED TO BE CARRIED BY QUALIFIED RETIRED LAW 7 ENFORCEMENT OFFICERS.—Section 926C(e)(1)(C) of 8 such title is amended by redesignating clauses (ii) and (iii) 9 as clauses (iii) and (iv), respectively, and inserting after 10 clause (i) the following: 11 ‘‘(ii) any flamethrower;’’. 12 Æ VerDate Sep 11 2014 23:09 May 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2671.IH H2671 pbinns on DSK79D2C42PROD with BILLS