Flamethrowers are legal in North Dakota as of 2026, provided the owner complies with state firearm‑like device regulations, does not use the device in a prohibited location, and meets any applicable licensing or registration requirements. The key statutes treat flamethrowers as “dangerous weapons” rather than firearms, meaning they are not subject to the same purchase restrictions, but they are still governed by public safety provisions that can limit possession in certain contexts.
North Dakota Statutory Framework
North Dakota’s primary authority on flamethrowers resides in Century Code 14‑01‑04 (Dangerous Weapons) and 14‑08‑06 (Possession of Devices Capable of Causing Bodily Harm). The statutes define a dangerous weapon as any device designed to inflict injury through fire, heat, or explosion. Flamethrowers fall within this definition, but the law does not categorically ban civilian ownership. Instead, the code requires:
- Registration with the County Sheriff’s Office if the device is marketed for combat or hunting purposes.
- A background check for owners who have previously been convicted of violent misdemeanors or felonies.
- Prohibition of use within 100 feet of any public building, school, or residential dwelling without explicit permission from the local law enforcement agency.
Violations can result in a Class B misdemeanor, fine up to $1,500, or seizure of the device.
Federal Overlay
At the federal level, the National Firearms Act (NFA) and ATF regulations do not list flamethrowers as regulated firearms or destructive devices. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does require that any device capable of projecting a flame beyond 10 feet be inspected if it is intended for commercial use. Private ownership for hobby or display purposes remains unregulated, but transport across state lines must comply with the U.S. Code Title 18, Section 922 regarding hazardous materials.
Practical Considerations for Residents
- Licensing – Most owners register the device voluntarily to avoid potential seizure during law‑enforcement raids. The registration fee is $25 per device.
- Storage – North Dakota law mandates that dangerous weapons be stored in a locked container separate from ammunition or other weapons.
- Public Use – Demonstrations at fairs or historical reenactments require a temporary permit issued by the county sheriff.
- Insurance – Some insurers will increase premiums for policyholders who list a flamethrower as a covered item, citing higher liability risk.
Enforcement Trends
Since 2022, the North Dakota State Police have issued 34 citations for improper use of flamethrowers, mainly for discharging the device within prohibited zones. No criminal prosecutions have arisen from mere possession, reinforcing the legal distinction between ownership and misuse.
Frequently Asked Questions
Can I purchase a flamethrower online and have it shipped to North Dakota?
Yes, you may purchase a flamethrower online. The seller must certify that the buyer is not a prohibited person and that the device will not be used for illegal purposes. Upon receipt, you should complete the optional registration with your county sheriff.
Do I need a gun permit to own a flamethrower?
No, a standard concealed‑carry permit does not apply. Only the dangerous‑weapon registration described in Chapter 14‑01 is required if you choose to register.
Are there age restrictions for owning a flamethrower?
North Dakota law sets the minimum age at 18 for purchase and ownership. Persons under 18 may use the device only under direct adult supervision and with a written consent form.
What penalties apply for using a flamethrower in a prohibited area?
Using a flamethrower within the 100‑foot exclusion zone constitutes a Class B misdemeanor. Penalties may include up to 30 days in jail, a fine of $1,500, and confiscation of the device.
How does liability work if my flamethrower causes accidental injury?
The owner is civilly liable for any injury caused by negligent operation. North Dakota’s Tort Law requires damages to be paid to the injured party, and criminal charges may be added if the conduct is deemed reckless or intentional.
By adhering to registration, storage, and usage guidelines, residents can legally possess and enjoy flamethrowers while minimizing the risk of legal trouble.