 Flamethrowers are legal in 48 states and restricted in California and Maryland.In California, unlicensed possession of a flame-throwing device—statutorily defined as "any non-stationary and transportable device designed or intended to emit or propel a burning stream of combustible or flammable liquid a distance of at least 10 feet" H&W 12750 (a)—is a misdemeanor punishable with a county jail term not exceeding one year OR with a fine not exceeding $10,000 (CA H&W 12761).Licenses to use flamethrowers are issued by the State Fire Marshal, and they may use any criteria for issuing or not issuing that license which is deemed fit, but must publish those criteria in the California Code of Regulations, Title 11, Section 970 et seq.