[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4009 Introduced in House (IH)]

<DOC>






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.

    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;''.
                                 <all>