[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4901 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 4901
To amend chapter 44 of title 18, United States Code, to treat
flamethrowers the same as machineguns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2018
Mr. Engel (for himself and Mrs. Carolyn B. Maloney of New York)
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;''.
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