A flamethrower sounds like the kind of device that would be treated the same way as a machine gun or explosive weapon. Under U.S. law, however, that assumption is often wrong. Ordinary commercially sold flamethrowers are not generally regulated as firearms under federal law, so federal ownership rules are less restrictive than many people expect.
That does not mean a person can buy and use one anywhere without consequences. State law can impose much stricter rules, and California and Maryland are the clearest examples. Local fire codes, burn bans, reckless-endangerment laws, and property rules can also make otherwise lawful possession or use illegal.
Does Federal Law Ban Flamethrower Ownership?
There is no general federal ban on civilian possession of an ordinary flamethrower. Federal firearms law focuses on weapons that expel projectiles by the action of an explosive and on specifically defined National Firearms Act weapons and destructive devices.
ATF regulations define destructive devices to include items such as bombs, grenades, certain rockets, missiles, mines, and similar explosive or incendiary devices. A conventional flamethrower that projects a stream of burning fuel does not automatically fall within that definition simply because it produces fire.
For an ordinary commercial flamethrower, there is therefore no federal firearms license, NFA registration, or tax stamp required merely for personal possession. A specially configured device containing regulated explosives could raise different federal issues.
What Is the Law in California?
California regulates flamethrowers directly through its Health and Safety Code.
California defines a “flamethrowing device” as a nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid at least 10 feet. A person may not use or possess such a device without a valid permit from the State Fire Marshal.
California’s Office of the State Fire Marshal maintains a specific Flame Throwing Device Permit process.
Possessing or using a covered device without the required permit can lead to serious penalties. California law authorizes imprisonment and a fine of up to $10,000. The State Fire Marshal may also seize an unlawfully possessed device.
Are Flamethrowers Legal in Maryland?
Maryland takes an even stricter approach.
Maryland’s criminal code expressly includes a “flamethrower” within its definition of a destructive device. The law generally prohibits knowingly manufacturing, transporting, possessing, controlling, storing, selling, distributing, or using a destructive device.
A violation can be a felony punishable by up to 25 years in prison, a fine of up to $250,000, or both. Because the consequences are unusually severe, anyone dealing with a device that could fall within Maryland’s definition should obtain state-specific legal advice.
What About Other States?
Most states do not have a statute specifically banning ordinary flamethrower ownership in the same way Maryland does or requiring the California-style permit. However, that should not be confused with unrestricted use.
Cities and counties may enforce fire codes, hazardous-material rules, open-burning restrictions, or local weapon ordinances. During periods of high wildfire danger, authorities can also impose burn restrictions that make using a flame-producing device unlawful.
Owning the device and legally firing it are therefore two separate questions.
Can You Use a Flamethrower on Your Own Property?
Private ownership of land does not create an exemption from criminal, fire-safety, or environmental laws.
Using a flamethrower in a way that starts an unlawful fire, threatens another person, damages neighboring property, or creates a substantial risk of injury can expose the operator to charges such as arson, reckless endangerment, criminal mischief, or other offenses depending on the state.
Civil liability is another concern. If fire spreads and causes injury or property damage, the owner or operator may face substantial claims even if possession itself was legal.
Can You Transport a Flamethrower Across State Lines?
Interstate travel requires caution because the law at the destination controls whether the device may lawfully be possessed there.
A device lawfully owned in one state should not simply be carried into California without checking its permit requirements or into Maryland without considering its destructive-device prohibition. Fuel transportation can also be subject to separate hazardous-material and fire-safety rules.
The Bottom Line
Owning an ordinary flamethrower is generally not prohibited by federal firearms law, and possession is lawful in many states. The important exceptions are state and local restrictions. California requires a State Fire Marshal permit for covered flamethrowing devices, while Maryland classifies flamethrowers as destructive devices and broadly prohibits their possession.
Before purchasing, transporting, or using one, check state law, local fire ordinances, current burn restrictions, and property rules. Legal ownership does not necessarily mean legal use, especially when fire safety or public danger is involved.
