Elon Musk’s Flamethrower Incenses New York Lawmakers. State Senate Passes Bill Banning The Weapon

The Boring Company did not respond to requests for comment. The bill would make possessing a flamethrower a Class E felony, which carries a maximum sentence of four years in prison.

Sponsored by Democratic state Sens. John Brooks and David Carlucci, the bill passed the Senate 48-13 on June 11. It defines a flamethrower as “a device capable of projecting burning fuel a distance of at least three feet.” The bill hasn’t come up for a vote in the Assembly yet.

It was first introduced last year after the Nassau County Fire Commission reached out to Sen. Brooks, said Michael Reid, Brooks’ chief of staff. Reid said the “not a flamethrower” was also concerning to emergency medical personnel.

“They were concerned that people were essentially having something that looks like a toy, is being billed as something fun to use, and there was all different stuff coming up on social media showing people really using the device as intended, which is to have fun,” Reid said. “Unfortunately, firing out a burst of flame for a number of feet can have some really horrific, unintended consequences.”

In the terms and conditions customers had to agree to before purchasing, Boring included a poem that read:

Terms & conditions for “Not-a-Flamethrower”

Please use as directed to avoid unintentionally burning things down. For simple & concise instructions, we drew upon wisdom in great Dr Seuss book “Green Eggs and Ham”. #ThrowFlamesResponsibly pic.twitter.com/kgj8W8EOLJ

— Elon Musk (@elonmusk) June 9, 2018

Quinn Whitehead, owner of Throwflame in Cleveland, Ohio, said his company has seen sales to New York “basically quadruple” since people started hearing about the bill. He also said he doesn’t think the bill, as written, would actually apply to the Boring flamethrower.

“It’s just funny to me that the justification of this bill has revolved around Elon Musk’s flamethrower, which isn’t actually a real flamethrower,” Whitehead said. “It’s just a roofing torch in an airsoft gun shell.”

Reid, however, said the bill was specifically designed to include the Boring flamethrower.

Whitehead said roughly 40% of the flamethrowers his company sells are purely for entertainment use, while others are bought by people using them as a tool, such as for agriculture. Throwflame advertises products that can shoot burning fuel over 100 feet.

Sen. Brooks said, “Considering flamethrowers to be toys for recreational use is a bit of a head-scratcher. This bill will protect kids, families, and neighbors from irresponsible and dangerous ‘play.’ Weapons of war do not belong in our backyards.”