A bill aiming to ban the possession of recreational-use flamethrowers passed the state Senate with a 48-13 vote. The legislation specifically singled out the Not-A-Flamethrower device created by Elon Musk’s Boring Company, though applies universally to all devices that project burning fuel at a distance of at least three feet.
New York’s state Assembly has yet to vote on the bill, though many believe that the other chamber will follow suit based on the result of the Senate vote.
The Boring Company’s device, according to Engadget, doesn’t technically qualify as a flamethrower. Engadget noted, “It’s more of a torch attached to a gun shell.” However, based on the bill’s requirements, it would still be covered in the ban.
Buyers of the Not-A-Flamethrower did have to agree not to hold The Boring Company responsible for any harm, injury, or damage caused by using the device.
While many recreational users would likely operate the device safely, fear of the potential dangers have led many legislators to consider taking action against it.
“Elon Musk’s Boring Company released a new flamethrower which sold out of all 20,000 within days, without any concern to the training of the purchasers or their reasons for buying. Allowing the general public to access this type of machine is extremely problematic,” said New York lawmakers as they attempted to justify the legislation.
“These dangerous devices should not be sold to civilians, and use needs to be restricted to trained professionals.”
The ban isn’t likely to harm The Boring Company directly. Production of the devices halted a long time ago, and all 20,000 that were produced have already sold, so there an impact on the company’s bottom line.
Owners of the flamethrower in New York will be affected, as possessing a qualifying device would become a Class E felony, suggesting the bill is passed into law. Those who are caught with a device could face a maximum prison sentence of four years.
The legislation may also discourage other companies from producing similar devices that may be meant for recreational purposes.