Is it illegal to own a flamethrower?
Generally legal and unregulated at the federal level in the United States.
Owning a flamethrower is legal in the vast majority of the United States because they are not considered firearms under the National Firearms Act. While commonly associated with warfare, these devices are widely used for agricultural land clearing, ice melting, and controlled burns. However, heavy restrictions exist in Maryland and California that limit or prohibit possesssion without specific permits. For most of the country, no federal background check or waiting period is required for purchase.
RELEVANT LAWS
- 26 U.S.C. ch. 53National Firearms Act (excludes flamethrowers from 'firearm' definition)
- Maryland Criminal Code § 4-501Classified as a 'destructive device' (prohibited)
- California Health and Safety Code §§ 12750-12761Requires a permit from the State Fire Marshal
- 18 U.S.C. § 844Federal statutes regarding arson and explosive materials
POTENTIAL PENALTIES
- Up to $250,000 fine and 25 years in prison in Maryland for possession
- Misdemeanor charges and fines for unpermitted use in California
- Severe civil liability for property damage caused by fire spread
- Arson or reckless endangerment charges if used in populated areas
JURISDICTION
While legal federally, Maryland bans them entirely, and California requires a permit if the flame range exceeds ten feet.
Because they are not regulated as weapons, flamethrowers can technically be shipped via standard mail carriers like UPS or FedEx in many states.
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FOR EDUCATIONAL & ENTERTAINMENT USE ONLY · NOT LEGAL ADVICE