Although there is no government practice to support a specific customary ban on flamethrowers, the general principle prohibiting unnecessary injury or suffering is an interesting test for examining the case of these weapons. „With flamethrowers, you had the ability to attack without being attacked,“ said Bruce Gudmundsson, a historian at Marine Corps University in Quantico. Flamethrowers, such as those used during World War I and World War II, were created by the Germans, but the concept dates back to 672 AD. At that time, „Greek fire“ is said to have been invented by a man named Kallinikos to defend the capital of the Byzantine Empire, Constantinople, or present-day Istanbul. Its siphon of fire splashed flames from one wooden boat to another. New York State Senator John Brooks introduced a bill in the state Senate in 2019 that would criminalize the recreational use of flamethrowers while allowing their use „for agricultural, structural or historical collection purposes.“ As of March 2022, this bill is before the Rules Committee and appears to have stalled. [15] Depending on the wording, flamethrowers may meet the definition of fireworks in some locations where fireworks are prohibited. The use of a flamethrower would almost certainly violate all applicable combustion prohibitions. In addition to this issue, it is important to emphasize that the standards contained in Protocol III relate only to restrictions on the use of incendiary weapons and not to a general prohibition in all circumstances. This is an implementation of rules relating to the protection of civilians, such as the prohibition „in all circumstances of making the civilian population as such, civilians or civilian objects the target of attacks with incendiary weapons“ (Article 2). It is not disputed that any use of a flamethrower, whether or not it is an appropriate incendiary weapon, would be unlawful in violation of those provisions on the protection of the civilian population. The same would apply to any weapon. The developers of the X15 and XM42 attach great importance to the quality of the sealants that hold their flamethrowers together and to the careful inspection of each flamethrower before distribution.

While it`s hard to argue conclusively that flamethrowers are legal everywhere in the United States, there appears to be very little outright ban on flamethrowers, although some states regulate them. Now, I realize that this comment is closer to a new post, but I would end on an optimistic note if I may. The purpose of this article was to show that unnecessary suffering must be taken seriously, taking into account various factors. On the other hand, it should also prove that even if it is very difficult to identify a specific customary rule that prohibits a method of warfare (the manner of using a weapon) that causes unnecessary suffering for a particular weapon, it is undeniable that State practice recognizes that the use of a weapon, depending on the circumstances, may be considered the cause of superfluous injury. This principle therefore remains very important, but must be applied with caution. I hope this will allow the discussion to continue! Flamethrowers remain legal in the remaining 96,682 square miles of Michigan and 47 other states. Representative Engel reintroduced the bill in the 116th Congress. At the time, a former ATF employee pointed out that Congress would first have to legally change the definition of what counts as a firearm to regulate flamethrowers at the federal level.

Under President Donald Trump, changing gun laws was seen as a failure, as it eliminated any chance of a law regulating flamethrowers at the national level becoming law. [14] Each flamethrower is designed to withstand years of heavy use. Proudly built by military veterans in the heart of the United States. This volatility has continued with guns over time, from catapults firing fireballs at castle walls to flammable liquid napalm known for the terrible damage it caused during the Vietnam War. The Defense Ministry phased out incendiary weapons around the same time the United Nations banned the use of flamethrowers and napalm against civilians. Three decades later, President Obama signed this UN treaty on his first day in office. Starting in 2015, several companies began selling flamethrowers to civilians. This has led to increased interest in regulating them, with unsuccessful attempts to regulate flamethrowers at the federal and state levels starting in 2022. Proponents of the regulation pointed to the potential dangers of civilian use of flamethrowers, while opponents identified legitimate uses and pointed to the almost non-existent record of flamethrowers in the United States.