I 

114TH CONGRESS 

1ST SESSION 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 

NOVEMBER 16, 2015 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Flamethrowers? Real5 ly? Act’’. 


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1 SEC. 2. FLAMETHROWERS TREATED THE SAME AS MA2 CHINEGUNS FOR PURPOSES OF ALL FED3 ERAL CRIMINAL LAWS RELATING TO FIRE4 ARMS. 

5 (a) DEFINITION OF FLAMETHROWER.—Section 

6 921(a) of title 18, United States Code, is amended by add7 ing at the end the following: 

8 ‘‘(36) The term ‘flamethrower’ means any nonsta9 tionary or transportable device designed or intended to ig10 nite and then emit or propel a burning stream of a com11 bustible or flammable substance a distance of at least 6 

12 feet.’’. 

13 (b) INCLUSION IN DEFINITION OF FIREARM.—Sec14 tion 921(a)(3)(A) of such title is amended by inserting 

15 ‘‘, including a flamethrower’’ before the semicolon. 

16 (c) BAN ON POSSESSION OR TRANSFER.—Section 

17 922(o) of such title is amended— 

18 (1) in paragraph (1), by inserting ‘‘or flame19 thrower’’ after ‘‘machinegun’’; and 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘or’’ at the end of subpara22 graph (A); 

23 (B) by striking the period at the end of 

24 subparagraph (B) and inserting ‘‘; or’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(C) any otherwise lawful transfer or otherwise 

2 lawful possession of a flamethrower that was law3 fully possessed before the date this subparagraph 

4 takes effect.’’. 

5 (d) BAN ON UNAUTHORIZED TRANSPORT IN INTER6 STATE OR FOREIGN COMMERCE.—Section 922 of such 

7 title is amended in each of subsections (a)(4) and (b)(4) 

8 by inserting ‘‘flamethrower,’’ before ‘‘machinegun’’. 

9 (e) ENHANCED PENALTIES FOR USING, CARRYING, 

10 OR POSSESSING DURING AND IN RELATION TO A CRIME

11 OF VIOLENCE OR DRUG TRAFFICKING CRIME.—Section 

12 924(c)(1) of such title is amended in each of subpara13 graphs (B)(ii) and (C)(ii) by inserting ‘‘, a flamethrower,’’ 

14 after ‘‘machinegun’’. 

15 (f) PENALTIES FOR CONSPIRING TO COMMIT AN OF16 FENSE SUBJECT TO CERTAIN ENHANCED PENALTIES.— 

17 Section 924(o) of such title is amended by inserting ‘‘, 

18 flamethrower,’’ after ‘‘machinegun’’. 

19 (g) EXCEPTION FROM REQUIREMENT TO ALLOW IM20 PORTATION OF AN UNSERVICEABLE FIREARM THAT IS A

21 CURIO OR MUSEUM PIECE.—Section 925(d)(2) of such 

22 title is amended by inserting ‘‘a flamethrower or’’ before 

23 ‘‘a machinegun’’. 

24 (h) EXCEPTION FROM CONCEALED FIREARMS AL25 LOWED TO BE CARRIED BY QUALIFIED LAW ENFORCEVerDate Sep 11 2014 04:59 Nov 17, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4009.IH H4009

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1 MENT OFFICERS.—Section 926B(e)(3) of such title is 

2 amended by redesignating subparagraphs (B) and (C) as 

3 subparagraphs (C) and (D), respectively, and inserting 

4 after subparagraph (A) the following: 

5 ‘‘(B) any flamethrower;’’. 

6 (i) EXCEPTION FROM CONCEALED FIREARMS AL7 LOWED TO BE CARRIED BY QUALIFIED RETIRED LAW

8 ENFORCEMENT OFFICERS.—Section 926C(e)(1)(C) of 

9 such title is amended by redesignating clauses (ii) and (iii) 

10 as clauses (iii) and (iv), respectively, and inserting after 

11 clause (i) the following: 

12 ‘‘(ii) any flamethrower;’’. 

Æ 


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