AB 1949: Explosives: flamethrowing devices.

Existing law prohibits a person from using or possessing a flamethrowing device without a valid flamethrowing device permit, as issued by the State Fire Marshal if specified conditions are met. Existing law provides that any person who uses or possesses any flamethrowing device without a valid flamethrowing device permit is guilty of a public offense, as provided. Existing law defines a flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet.

This bill would instead define a Tier I flamethrowing device as any nonstationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet and would require additional conditions to be met before the State Fire Marshal could issue or renew a permit to use and possess this type of a Tier I flamethrowing device, including that the applicant or permitholder have a valid pyrotechnic operator license. The bill would also define a Tier II flamethrowing device as either any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 2 feet, but not exceeding 10 feet, or any stationary, nonstationary, or transportable device designed or intended to emit or propel a burning stream of combustible or flammable gas a distance of at least 10 feet. The bill would require specified conditions to be met before the State Fire Marshal could issue or renew a permit to use and possess a Tier II flamethrowing device, including that the applicant or permitholder have a valid pyrotechnic operator license. The bill would prohibit a seller of a Tier I or Tier II flamethrowing device, subject to criminal penalty, from selling the device to a person without the applicable who does not possess a valid Tier I flamethrowing device permit. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that, would, as of January 1, 2018, a manufacturer of a Tier I or Tier II flamethrowing device sold in this state, whose product is used to perpetuate negligent property damage or bodily harm or death, shall be held strictly liable for costs incurred by the local or state governments or damages sought by victims or family members of victims, in addition to any other damages available under existing law. The bill would, after January 1, 2019, exempt from criminal liability, for using or possessing a flamethrowing device without a valid flamethrowing device permit, a person who purchased or possessed a Tier II flamethrowing device before January 1, 2019. prohibit a person from distributing, selling, or offering for sale a Tier II flamethrowing device in California unless the device bears a specified safety warning. The bill would also provide that a person who sells a flamethrowing device in violation of these provisions is jointly and severally liable in any civil action for damages caused by that device. The bill would also make conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.