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 Com-
mittee 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Flamethrowers? Real-
ly? Act’’. 
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SEC. 2. FLAMETHROWERS TREATED THE SAME AS MA-
CHINEGUNS FOR PURPOSES OF ALL FED-
ERAL CRIMINAL LAWS RELATING TO FIRE-
ARMS. 
(a) 
DEFINITION
OF
FLAMETHROWER.—Section 
921(a) of title 18, United States Code, is amended by add-
ing at the end the following: 
‘‘(36) The term ‘flamethrower’ means any nonsta-
tionary or transportable device designed or intended to ig-
nite and then emit or propel a burning stream of a com-
bustible or flammable substance a distance of at least 6 
feet.’’. 
(b) INCLUSION IN DEFINITION OF FIREARM.—Sec-
tion 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 flame-
thrower’’ after ‘‘machinegun’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(C) any otherwise lawful transfer or otherwise 
lawful possession of a flamethrower that was law-
fully possessed before the date this subparagraph 
takes effect.’’. 
(d) BAN ON UNAUTHORIZED TRANSPORT IN INTER-
STATE 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 subpara-
graphs (B)(ii) and (C)(ii) by inserting ‘‘, a flamethrower,’’ 
after ‘‘machinegun’’. 
(f) PENALTIES FOR CONSPIRING TO COMMIT AN OF-
FENSE SUBJECT TO CERTAIN ENHANCED PENALTIES.— 
Section 924(o) of such title is amended by inserting ‘‘, 
flamethrower,’’ after ‘‘machinegun’’. 
(g) EXCEPTION FROM REQUIREMENT TO ALLOW IM-
PORTATION 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 AL-
LOWED TO BE CARRIED BY QUALIFIED LAW ENFORCE-
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MENT 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 AL-
LOWED 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;’’. 
Æ 
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