Are Flamethrowers Legal in California? (2026)

RESTRICTED
Confidence: High

Partially — Flamethrowers are legal with restrictions in California as of 2026.

Key Restriction
Age restriction: 18+
Penalty
No criminal penalty for possession. Misuse can lead to charges like reckless endangerment or arson, which can be misdemeanors or felonies depending on the severity.
Last Updated
2026-03-25

Quick Answer

Flamethrowers require a permit from the State Fire Marshal in California. Civilian ownership is allowed with proper licensing.

Key Conditions & Exceptions:
  • Age restriction: 18+

What the Law Says

State law does not specifically regulate or ban the possession of flamethrowers. However, the use of a flamethrower is subject to general public safety laws, and misuse can be prosecuted under various criminal statutes.

Cal. Health & Safety Code § 12755
Category Details
Ownership Legal with permit
Purchase Legal with permit
Penalties Possession without permit may result in fines.
Age Restriction 18+
Pending Legislation None known
Recent Changes

No significant legislative changes since the initial regulations were put in place.

Enforcement Reality

The State Fire Marshal is responsible for enforcement and will seize any flamethrower that does not have a valid permit. The law is actively enforced, particularly in cases of misuse or when the device is possessed without a permit.

Charge Level
No criminal penalty for possession. Misuse can lead to charges like reckless endangerment or arson, which can be misdemeanors or felonies depending on the severity.
Enforcement Likelihood
Very low for simple possession. High if used in a reckless or malicious manner, or in violation of local fire ordinances.
Common Triggers
Using the flamethrower in a way that endangers people or property, violating local burn bans, using it for criminal purposes like arson or intimidation.
Common Mistakes

A common mistake is assuming all flamethrowers are illegal. While a permit is required, ownership is not entirely banned. Another mistake is not being aware of the 10-foot range limit for some devices to be exempt from certain regulations.

Local Exceptions

None identified. State law applies uniformly across California. Local ordinances may still vary — check with your city or county government for any additional rules.

Bottom Line

Flamethrowers are legal with restrictions in California. This product is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.

California vs. the Rest of the US

Across the US, owning a flamethrower is fully legal in 48 states, restricted in 1, and illegal in 1. California falls in the RESTRICTED category.

View the full 50-state map →
EH
Ethan Harper Independent Legal Researcher

Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.

Last reviewed: 2026-03-25 Method: Statute cross-reference

Sources & Verification

2.
Statute Summary
State law does not specifically regulate or ban the possession of flamethrowers. However, the use of a flamethrower is subject to general public safety laws, and misuse can be prosecuted under various…
Verified: 2026-03-25 Reviewed by: Ethan Harper Method: Statute cross-reference Confidence: High

This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.

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