Flamethrowers are legal in California, but only if you hold a valid permit issued by the State Fire Marshal. Owning or using one without that permit is a criminal offense that can bring up to a year in county jail, a state prison sentence, or a fine of up to $10,000.1California Legislative Information. California Health and Safety Code 12761 California is one of the stricter states on this, though not the strictest. You can get a permit if you clear a background check and meet the Fire Marshal’s qualification standards.
What Counts as a Flamethrower Under California Law
State law defines a “flamethrowing device” as any nonstationary, transportable device designed to emit or propel a burning stream of combustible or flammable liquid at least 10 feet.2California Legislative Information. California Health and Safety Code HSC 12750 – Definitions and Scope The 10-foot range is the line. A butane torch, a barbecue lighter, and a fixed industrial burner all fall outside the definition. A portable, backpack-style unit built to shoot burning fuel a meaningful distance falls inside it.
These devices are not regulated as firearms. They sit under Division 11, Part 3 of the Health and Safety Code, with the State Fire Marshal running the permit system.
Who Needs a Permit
If you want to possess or use a flamethrowing device in California, you need a permit. There is one exemption: on-duty firefighters using the device for fire suppression as part of their official duties.3California Legislative Information. California Health and Safety Code 12750-12751 – Flamethrowing Devices All three pieces have to be true at once: employed by a firefighting agency, on duty, and using the device for suppression. An off-duty firefighter using a flamethrower at home needs a permit like anyone else.
What It Takes to Get a Permit
The State Fire Marshal issues permits under Title 19 of the California Code of Regulations. To qualify, you must not be addicted to any controlled substance, must hold a current Certificate of Eligibility from the California Department of Justice, and must satisfy the State Fire Marshal that you are adequately qualified to handle the device. The burden of showing that qualification sits with you, and it can include a physical demonstration of your knowledge and ability.4Legal Information Institute. California Code of Regulations Title 19 1058 – General
The Certificate of Eligibility is a separate clearance issued by the DOJ. You need it before you file the flamethrower application, not after, so build in time for that process.
The application itself goes to the State Fire Marshal on the official “Application for Flamethrowing Device Permit” form, mailed to the CALFIRE Cashier Unit in Sacramento. The package must include a nonrefundable fee payable to “CDF/State Fire Marshal,” a copy of your driver’s license, a passport-style photo, a copy of your current Certificate of Eligibility, and a photograph and written description of each device you possess, detailed enough to identify it uniquely.5Legal Information Institute. California Code of Regulations Title 19 1059 – Application for Permit or Renewal Signing the application authorizes the State Fire Marshal to inspect your devices, storage areas, and transportation vehicles.
A state permit is not the end of the compliance picture. Permit holders must also follow all applicable fire and life safety regulations, local zoning rules, and ordinances governing the use, possession, storage, and transportation of flammable and combustible liquids.4Legal Information Institute. California Code of Regulations Title 19 1058 – General A city or county fire code can add restrictions on where you operate, store, or transport the device, and some local fire ordinances can effectively shut down flamethrower use within their boundaries.
Penalties for Possessing One Without a Permit
Using or possessing a flamethrowing device without a valid permit is a “public offense” under California law. Penalties can include up to one year in county jail, a state prison sentence, a fine of up to $10,000, or both a fine and imprisonment.1California Legislative Information. California Health and Safety Code 12761
The way the statute is written makes this a “wobbler.” Prosecutors can charge it as either a misdemeanor or a felony depending on the facts. An unused device sitting in a garage generally leads to a different charging decision than a device discharged in a populated area. The $10,000 fine ceiling applies either way.
Additional Charges If You Actually Use It
The permit charge is often only the opening move. If you fire a flamethrower and something burns, California’s arson and reckless-fire statutes apply separately. Under Penal Code Section 452, recklessly setting a fire is punished based on what burned:
- Causing great bodily injury: a felony punishable by two, four, or six years in state prison.
- Burning an inhabited structure: a felony punishable by two, three, or four years in state prison.
- Burning a structure or forest land (no inhabitants): a felony punishable by 16 months, two, or three years in state prison.
- Burning other property: a misdemeanor, unless it belongs to someone else or causes injury.
Those are the reckless-fire numbers. Intentional arson under Penal Code Section 451 carries steeper sentences. A prosecutor can stack these on top of the Health and Safety Code violation, so someone who fires an unpermitted flamethrower and burns a neighbor’s fence can face both the $10,000 fine and years in state prison.
Buying or Shipping From Out of State
A flamethrower cannot be shipped into California unless the recipient already holds a valid permit. If you order one from an out-of-state seller without a permit in hand, the seller is not supposed to complete the delivery, and retailers who specialize in these devices generally verify permit status before shipping.
Moving the fuel that powers the device is its own regulated activity. Combustible and flammable liquids fall under federal hazardous materials rules administered by the Pipeline and Hazardous Materials Safety Administration under 49 CFR Parts 100 through 185, which require proper classification, packaging, marking, and labeling.7Federal Motor Carrier Safety Administration. How to Comply with Federal Hazardous Materials Regulations California’s permit regulations separately require permit holders to follow all applicable rules for transporting flammable liquids.4Legal Information Institute. California Code of Regulations Title 19 1058 – General
How California Compares
Federal law does not restrict civilian flamethrowers. They are not classified as firearms or destructive devices under the National Firearms Act, and the Bureau of Alcohol, Tobacco, Firearms and Explosives has no jurisdiction over them. Most states have no flamethrower regulations at all. Maryland goes the other direction and bans them outright as destructive devices. California’s permit system sits between those two poles: ownership is allowed, but only after a background check, an application, and ongoing compliance with fire safety rules.