Law-Enforcement Innovate to De-Escalate Act
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The bill would exempt certain less-than-lethal projectile devices, such as some TASERs, from the federal Gun Control Act, the National Firearms Act, and the federal firearms and ammunition excise tax, treating them differently from conventional firearms.
It would also require federal regulators to rule on whether specific devices qualify for this exemption within 90 days of a request, aiming to speed up approval of new less-lethal law-enforcement technology.
What this bill would do
What it would do
The bill would define a new category, "less-than-lethal projectile device," covering devices that cannot fire standard ammunition or projectiles over 500 feet per second, are not designed to cause death or serious injury, and cannot accept an ammunition feeding device. It would exempt such devices from regulation under the Gun Control Act and the National Firearms Act, and would exempt them and their shells or cartridges from the federal excise tax on firearms and ammunition. It would require the Attorney General and the Treasury Secretary to determine, within 90 days of a request, whether a specific device meets the definition. The Treasury Secretary would also have to maintain and annually update public lists of qualifying devices and of near-qualifying devices whose projectiles exceed 500 feet per second, and report annually to the House Ways and Means and Senate Finance Committees on those lists. The bill does not change rules for conventional firearms or ammunition.
Key provisions
- 1Would define "less-than-lethal projectile device" and exempt such devices from Gun Control Act firearm definitions and restrictions
- 2Would require the Attorney General to determine within 90 days whether a device meets the less-than-lethal definition upon request
- 3Would exempt less-than-lethal projectile devices and their ammunition from the federal firearms and ammunition excise tax
- 4Would require the Treasury Secretary to make classification determinations within 90 days and maintain annually updated public lists of qualifying and near-qualifying devices
- 5Would require an annual report to the House Ways and Means and Senate Finance Committees on listed devices
- 6Would exempt less-than-lethal projectile devices from the National Firearms Act's definition of firearm
Who would be affected
Manufacturers, producers, and importers of less-lethal weapons like certain TASERs; law enforcement agencies that purchase or use these devices; the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Treasury Department, which must classify devices and maintain public lists; and congressional tax committees receiving annual reports.
Why it matters
Manufacturers could sell qualifying devices without Gun Control Act, National Firearms Act, or excise tax burdens, potentially lowering costs and speeding market entry for less-lethal technology. Law enforcement agencies could gain quicker access to newly classified de-escalation tools, while regulators face new deadlines and reporting duties to track which devices qualify.
What would change
Changes to existing law
Amends 18 U.S.C. § 921(a) (Gun Control Act) (Sec. 102)
Adds a definition of 'less-than-lethal projectile device' and excludes such devices from firearm-related restrictions; sets a 90-day determination deadline.
Amends 26 U.S.C. § 4182 (Internal Revenue Code, firearms and ammunition excise tax) (Sec. 202)
Exempts less-than-lethal projectile devices and related ammunition from the excise tax and requires classification determinations and public lists.
Amends 26 U.S.C. § 5845(a) (National Firearms Act) (Sec. 203)
Excludes less-than-lethal projectile devices from the National Firearms Act's definition of firearm.
Agencies directed to act
Effective dates
- Excise tax exemption applies to articles sold after enactment
- Requests for tax classification determinations received within 180 days of enactment are treated as received at the end of that period
Funding and costs
Congressional Budget Office estimate
CBO estimates the bill would have no significant effect on the federal budget, with any changes to direct spending, revenues, and the deficit amounting to less than $500,000 over the 2026–2035 period.
H.R. 2189 would amend the Gun Control Act of 1968 to exclude certain nonlethal projectile devices from the definition of "firearm." CBO estimates that any resulting decrease in criminal penalty revenues (which flow into the Crime Victims Fund and are spent without further appropriation, making them both revenues and direct spending) would be insignificant over the 2026–2035 period, as the number of affected cases is expected to be small. Administrative costs for the Department of Justice to implement the bill would also be insignificant and subject to the availability of appropriated funds. CBO identified no intergovernmental or private-sector mandates in the bill.
How implementation would work
The Attorney General and the Treasury Secretary would each field manufacturer or requester submissions asking whether a device meets the less-than-lethal definition, and would have to rule within 90 days (with a 180-day grace period after enactment for early tax-classification requests). Treasury would additionally maintain and annually update two public lists—qualifying devices and near-qualifying high-velocity devices—and report annually to the House Ways and Means and Senate Finance Committees describing what was included or excluded and why.
Legislative status & sources
Latest action
Received in the Senate.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill removes less-than-lethal projectile devices (e.g., certain TASERs) from regulation under the Gun Control Act.
The term less-than-lethal projectile device means a device that (1) is not designed or intended to expel (and may not be readily converted to discharge) commonly used ammunition or projectiles exceeding a velocity of 500 feet per second; (2) is designed and intended to be used in a manner not likely to cause death or serious bodily injury; and (3) does not accept (and cannot be readily modified to accept) an ammunition feeding device.
The bill also requires the Bureau of Alcohol, Tobacco, Firearms and Explosives to determine whether a device satisfies the definition of a less-than-lethal projectile device within 90 days of a request.
Legislative subjects
Crime and Law Enforcement; Criminal procedure and sentencing; Firearms and explosives
Committee report
H. Rept. 119-472