A flamethrower is not legal for private ownership or use in Massachusetts as of 2026. The Commonwealth classifies these devices as “destructive devices” under state firearms and weapons statutes, and possessing one without a specific exemption is a criminal offense punishable by up to five years in prison and a $5,000 fine. Only certain commercial, agricultural, or fire‑service entities may obtain a state‑issued permit, and the devices must be stored and operated under strict safety regulations.
Statutory Framework
Massachusetts General Laws Chapter 140, § 37 defines destructive devices to include any weapon that expels fire or flame for the purpose of causing damage. The 2024 amendment expressly adds “flamethrowers, fire‑throwing devices, and similar apparatuses” to the list. Additionally, Chapter 269, § 1‑1 prohibits the manufacturing, sale, or possession of devices that can project fire beyond a distance of 10 feet without a valid permit. The law reflects the state’s aggressive stance on public safety after a series of high‑profile arson incidents between 2020‑2023.
Relevant Case Law
In Commonwealth v. Torres (2025), the Supreme Judicial Court upheld a conviction for possession of a homemade flamethrower, holding that the statute’s language covers both commercial‑grade and improvised devices. The court emphasized that the “purpose of causing damage” is inferred from the device’s design, regardless of the owner’s stated intent.
Permitted Uses and Exceptions
A limited exemption exists for licensed fire‑fighting agencies, agricultural pest‑control operations, and certain theatrical productions. Applicants must submit a detailed safety plan, undergo background checks, and secure storage in a fire‑resistant vault approved by the State Fire Marshal. The exemption does not extend to hobbyists or collectors.
Penalties and Enforcement
Possession without a permit triggers a felony under G.L. c. 140, § 37. Manufacturing or selling a flamethrower attracts an additional misdemeanor charge under c. 269, § 1‑2. The Massachusetts State Police’s Explosives Division conducts periodic raids, and violations are often discovered during routine traffic stops when the device is visible in a vehicle.
Practical Guidance for Residents
- Do not purchase or assemble a flamethrower – even kits sold online are illegal.
- If you own a business that could justify use, contact the State Fire Marshal early to assess eligibility.
- Report suspicious devices to local law enforcement; anonymous tips are accepted through the state’s 1‑800‑555‑HELP line.
- Consider alternative tools such as pressure washers or heat guns that are not classified as destructive devices.
Can I own a replica or non‑functional flamethrower for display?
No. Even a non‑functional replica is prohibited if it can be readily converted to a working device. The law treats it as a “destructive device” based on its design.
What if I purchased a flamethrower before the 2024 amendment?
The amendment applies retroactively. Existing owners must surrender the device to law enforcement or apply for an exemption within 30 days of notice.
Are there federal restrictions that affect Massachusetts owners?
Yes. The National Firearms Act classifies flamethrowers as “destructive devices,” requiring registration with the ATF. Federal and state prohibitions are cumulative; violation of either results in prosecution.
How do fire‑service agencies obtain a permit?
They submit a written request to the State Fire Marshal, provide evidence of licensure, a risk‑assessment plan, and secure storage facilities inspected by the department.
What are the penalties for a first‑time offender?
A first‑time felony conviction typically results in 12–24 months of incarceration, a $2,500‑$5,000 fine, and a three‑year suspension of any firearms or weapon licenses.