In the United States, private ownership of a flamethrower is not restricted by federal law, but is restricted in some states, such as California, by state laws (cf. California Health and Welfare Codes 12750–12761, Flamethrowing Devices).<quoted text>
Why shouldn't I be allowed to own a flamethrower and mortar? After all, more people are killed every year during rough sex than by flamethrowers. I suppose you think we should ban rough sex?
I have rights, you know. It's my God-given right to own a flamethrower and mortar, and I don't have to give you a reason, because its in the Constitution.
In California, unlicensed possession of a flame-throwing device—statutorily defined as "any non-stationary 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" H&W 12750 (a)—is a misdemeanor punishable with a county jail term not exceeding one year OR with a fine not exceeding $10,000 (CA H&W 12761). Licenses to use flamethrowers are issued by the State Fire Marshal, and he or she may use any criteria for issuing or not issuing that license that he deems fit, but must publish those criteria in the California Code of Regulations, Title 11, Section 970 et seq