Flamethrower Legality by State
Flamethrower Legality by State
Ranking - Law
State flamethrower law is mostly permissive at the ownership level, but California uses a permit system for Tier I devices and Maryland treats flamethrowers as destructive devices.
Quick Answer
Flamethrower Legality by State
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Flamethrower legality by state is green in 48 states. Texas, Florida, and New York are in the group with no statewide flamethrower permit or ban in the current source set.
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Maryland is the strictest outlier. Maryland law puts flamethrowers inside its destructive-device statute, which is why simple possession is a felony there.
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California is the permit outlier. Tier I flamethrowing devices that project a burning liquid stream at least 10 feet require a State Fire Marshal permit.
Map
Flamethrower Legality by State Map
| State | Flamethrower Status |
|---|---|
| Alabama | Legal |
| Alaska | Legal |
| Arizona | Legal |
| Arkansas | Legal |
| California | Restricted |
| Colorado | Legal |
| Connecticut | Legal |
| Delaware | Legal |
| Florida | Legal |
| Georgia | Legal |
| Hawaii | Legal |
| Idaho | Legal |
| Illinois | Legal |
| Indiana | Legal |
| Iowa | Legal |
| Kansas | Legal |
| Kentucky | Legal |
| Louisiana | Legal |
| Maine | Legal |
| Maryland | Restricted |
| Massachusetts | Legal |
| Michigan | Legal |
| Minnesota | Legal |
| Mississippi | Legal |
| Missouri | Legal |
| Montana | Legal |
| Nebraska | Legal |
| Nevada | Legal |
| New Hampshire | Legal |
| New Jersey | Legal |
| New Mexico | Legal |
| New York | Legal |
| North Carolina | Legal |
| North Dakota | Legal |
| Ohio | Legal |
| Oklahoma | Legal |
| Oregon | Legal |
| Pennsylvania | Legal |
| Rhode Island | Legal |
| South Carolina | Legal |
| South Dakota | Legal |
| Tennessee | Legal |
| Texas | Legal |
| Utah | Legal |
| Vermont | Legal |
| Virginia | Legal |
| Washington | Legal |
| West Virginia | Legal |
| Wisconsin | Legal |
| Wyoming | Legal |
48 states are green on this map. California is the permit outlier for Tier I devices at 10 feet or more, and Maryland is the only full-ban state in the current source set.
Flamethrower Legality by State Table
50 entriesNo matching entries
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State
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Flamethrower Status
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Permit Required
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Penalty Summary
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Notes
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|---|---|---|---|---|
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Restricted | Yes | Public offense, up to 1 year or prison, or $10,000 fine | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Restricted | No | Felony, up to 25 years or $250,000 fine | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified | |
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Legal | No | No statewide rule identified |
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Print-ready table — Flamethrower Legality by State
States Where Flamethrowers Are Legal
48 states are green on this map. Texas, Florida, New York, Ohio, Pennsylvania, and Wyoming are all in the group with no statewide permit or ownership ban in the current source set.
Federal law shapes that result. The firearm definitions in 18 U.S.C. § 921 and 26 U.S.C. § 5845 focus on projectile weapons and listed destructive devices, so the 48-state green map is an inference from those federal definitions plus the state-law sources.
Why Maryland Bans Flamethrowers
Maryland is the only full-ban state in the current source set because its criminal code directly names a flamethrower as a destructive device in § 4-501. Once that label applies, § 4-503 makes manufacturing, transporting, possessing, selling, distributing, or using the device a felony.
Maryland's story is older than it looks. The 2002 recodification bill says the flamethrower wording was carried over without substantive change from former Article 27, § 139A(c), so the state did not create a brand-new flamethrower panic law in 2002; it preserved an older destructive-device rule.
California Flamethrower Permit Law
California is not a full-ban state on this page. California's restriction is narrower because the official 2018 bill text ties the permit rule to Tier I devices, defined as nonstationary and transportable devices that project a burning liquid stream at least 10 feet.
California's system is closer to regulated ownership than outright prohibition. The Office of the State Fire Marshal still lists a Flame Throwing Device Permit Application, and the penalty section allows up to 1 year in county jail, state prison, or a fine of up to $10,000 for using or possessing a Tier I device without the permit.
Quick Answers
Are flamethrowers legal in the US?
Which states ban flamethrowers?
Can I buy a flamethrower in California?
Can I buy a flamethrower in Maryland?
Why does Maryland ban flamethrowers?
Do you need a permit for a flamethrower in California?
Methodology
This page uses current state statutes for Maryland and California, then treats the other 48 states as green because the current source set identifies no statewide flamethrower permit or ownership ban there. Federal firearms definitions in 18 U.S.C. § 921 and 26 U.S.C. § 5845 focus on projectile weapons and listed destructive devices, so the 48-state result is an inference from those federal definitions plus the state-law sources below.
Sources
- 18 U.S.C. § 921. Definitions
- 26 U.S.C. § 5845. Definitions
- Maryland Criminal Law § 4-501
- Maryland Criminal Law § 4-503
- Maryland House Bill 11 of 2002
- California AB-1949 bill text
- California Office of the State Fire Marshal. Fireworks
- California Health and Safety Code § 12755