[House Report 118-917]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-917
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
LAW ENFORCEMENT INNOVATE TO DE-ESCALATE ACT
_______
December 18, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Missouri, from the Committee on Ways and Means, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3269]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 3269) to modernize Federal firearms laws to account
for advancements in technology and less-than-lethal weapons,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND...........................................3
A. Purpose and Summary................................. 3
B. Background and Need for Legislation................. 3
C. Legislative History................................. 4
D. Designated Hearing.................................. 4
II. EXPLANATION OF THE BILL..........................................4
A. Exemption of Certain Less-than-Lethal Projectile
Devices from Title 18 of the U.S. Code, the
Firearms and Ammunition Excise Tax, and the
National Firearms Act (secs. 2, 3, and 4 of the
bill and secs. 4182 and 5845 of the Code).......... 4
III. VOTE OF THE COMMITTEE............................................8
IV. BUDGET EFFECTS OF THE BILL.......................................8
A. Committee Estimate of Budgetary Effects............. 8
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority...................... 9
C. Cost Estimate Prepared by the Congressional Budget
Office............................................. 9
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE......10
A. Committee Oversight Findings and Recommendations.... 10
B. Statement of General Performance Goals and
Objectives......................................... 10
C. Tax Complexity Analysis............................. 10
D. Information Relating to Unfunded Mandates........... 10
E. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits............................ 11
F. Duplication of Federal Programs..................... 11
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED...........11
A. Changes in Existing Law Proposed by the Bill, as
Reported........................................... 11
VII. DISSENTING VIEWS................................................23
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Innovate to De-
Escalate Act''.
SEC. 2. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM
RESTRICTIONS UNDER TITLE 18, UNITED STATES CODE.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended--
(1) in the 2nd sentence of paragraph (3), by inserting ``or a
less-than-lethal projectile device'' before the period; and
(2) by adding at the end the following:
``(38) The term `less-than-lethal projectile device' means a device
with a bore or multiple bores, that--
``(A) is not designed or intended to expel a projectile at a
velocity exceeding 500 feet per second by any means; and
``(B) is designed or intended to be used in a manner that is
not likely to cause death or serious bodily injury.''.
SEC. 3. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM
FIREARMS AND AMMUNITION TAX.
(a) In General.--Section 4182 of the Internal Revenue Code of 1986 is
amended by redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following new subsection:
``(d) Less-than-lethal Projectile Devices.--
``(1) In general.--The tax imposed by section 4181 shall not
apply to--
``(A) any less-than-lethal projectile device,
``(B) any device contained on the most recent list
made available by the Secretary under paragraph (3)(B),
and
``(C) any shell or cartridge that meets the
requirement of paragraph (2)(B) and is designed for use
in a device referred to in subparagraph (A) or (B).
``(2) Less-than-lethal projectile device.--The term `less-
than-lethal projectile device' means a device with a bore or
multiple bores, that--
``(A) is not designed or intended to expel a
projectile at a velocity exceeding 500 feet per second
by any means, and
``(B) is designed or intended to be used in a manner
that is not likely to cause death or serious bodily
injury.
``(3) Annual review of new and emerging technologies.--
``(A) List of less-than-lethal projectile devices.--
The Secretary shall make publicly available a list of
devices that the Secretary has determined are described
in paragraph (2) and shall update such list annually to
take into account new devices.
``(B) List of non-lethal devices the projectiles of
which exceed 500 feet per second.--
``(i) In general.--The Secretary shall make
publicly available a list of devices that the
Secretary has determined are not described in
paragraph (2) but would be so described if such
paragraph were applied without regard to
subparagraph (A) thereof, and shall update such
list annually to take into account new devices.
``(ii) Report to congress.--The Secretary
shall annually submit a written report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate regarding the annual list of devices
described in clause (i), including a copy of
such list, a description of the devices that
were considered for inclusion on such list, and
the reasons for including or excluding such
devices from such list.''.
(b) Effective Date.--The amendments made by this section shall apply
to articles sold by the manufacturer, producer, or importer after the
date of the enactment of this Act.
SEC. 4. EXEMPTION OF CERTAIN LESS-THAN-LETHAL PROJECTILE DEVICES FROM
NATIONAL FIREARMS ACT.
Section 5845(a) of the Internal Revenue Code of 1986 is amended by
striking ``an antique firearm or'' and inserting ``any antique firearm,
any less-than-lethal projectile device (as defined in section
4182(d)(2)), any device referred to in section 4182(d)(1)(B), or''.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
The bill, H.R. 3269, the ``Law Enforcement Innovate to De-
Escalate Act,'' as ordered reported by the Committee on Ways
and Means on September 11, 2024, amends present law to provide
that a less-than-lethal projectile device is not a firearm for
purposes of the Gun Control Act (GCA) of 1968. Under the
proposed legislation, a ``less-than-lethal device'' is defined
as a device with a bore or multiple bores that is not designed
or intended to expel a projectile at a velocity exceeding 500
feet per second by any means and is designed or intended to be
used in a manner that is not likely to cause death of serious
bodily injury. This legislation also amends the Internal
Revenue Code (IRC) to provide that the firearms and ammunition
excise tax does not apply to a less-than-lethal projection
device. Additionally, the proposed legislation modifies the
definition of ``firearm'' for purposes of the National Firearms
Act (NFA) and provides that less-than-lethal projectile devices
are not firearms for purposes of the NFA and thus are not
subject to the occupational, transfer, or making taxes. This
legislation is generally effective on the date of enactment,
although the part of the proposal relating to the exemption of
certain devices from the firearms and ammunition excise tax
applies to articles sold by the manufacturer, producer, or
importer after the date of enactment.
B. Background and Need for Legislation
Under current federal regulation, certain less-than-lethal
devices, like tasers, are defined as ``firearms,'' and as such
are subject to the GCA, the Firearms and Ammunition Excise Tax
(FAET), and the NFA. Under the IRC, an excise tax is imposed on
the sales by the manufacturer, producer, or importer of certain
firearms and ammunition. Pursuant to the FAET, a 10 percent tax
is imposed on the sale of pistols and revolvers, and an 11
percent tax is imposed on the sale of other firearms, shells,
and cartridges unless otherwise provided for in the statute or
implementing regulations. However, the excise tax does not
apply to machine guns and short barreled firearms, and several
additional exemptions are available as well.
Under the NFA, a ``firearm'' means: (1) a shotgun having a
barrel or barrels of less than 18 inches in length; (2) a
weapon made from a shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of
less than 18 inches in length; (3) a rifle having a barrel or
barrels of less than 16 inches in length; (4) a weapon made
from a rifle if such weapon as modified has an overall length
of less than 26 inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon; (6) a machine gun; (7)
a silencer; and (8) a destructive device. In contrast, the GCA
defines a ``firearm'' as: (1) a weapon which will or is
designed to or may readily be converted to expel a projectile
by the action of an explosive; (2) the frame or receiver of
such weapon; (3) a firearm muffler or firearm silencer; or (4)
a destructive device.
As a result, and due to outdated and misaligned regulatory
standards, innovative less-than-lethal devices and
technologies, such as tasers, are subject to this tax--despite
the fact that it was never intended to apply to these devices
and technologies. Inconsistent current classification and
regulation of less-than-lethal devices results in delays,
regulatory burdens, and increased costs. As such, and as
technology continues to evolve, this legislation seeks to
harmonize the tax code to meet growing needs that prioritize
lifesaving innovations and keep our communities safe.
C. Legislative History
Background
H.R. 3269 was introduced on May 11, 2023, and was referred
to the Committee on Ways and Means.
Committee Hearings
On May 24, 2024, the Committee held a field hearing on
``Empowering Native American and Rural Communities.''
Committee Action
The Committee on Ways and Means marked up H.R. 3269, the
``Law Enforcement Innovate to De-Escalate Act,'' on September
11, 2024, and ordered the bill, as amended, favorably reported
(with a quorum being present).
D. Designated Hearing
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop and consider H.R. 3269:
On May 10, 2024, the Committee held a field hearing on
``Empowering Native American and Rural Communities.''
II. EXPLANATION OF THE BILL
A. Exemption of Certain Less-Than-Lethal Projectile Devices From Title
18 of the U.S. Code, the Firearms and Ammunition Excise Tax, and the
National Firearms Act (Secs. 2, 3, and 4 of the Bill and Secs. 4182 and
5845 of the Code)
PRESENT LAW
Generally, the Code imposes an excise tax on the sales by
the manufacturer, producer, or importer of certain firearms and
ammunition.\1\ Pistols and revolvers are generally taxable at
10 percent of sales price. Firearms (other than pistols and
revolvers), shells, and cartridges are generally taxable at 11
percent of sales price.\2\ For this purpose, a firearm is a
portable weapon, such as a rifle, carbine, machine gun,
shotgun, or fowling piece, from which a shot, bullet, or other
projectile may be discharged by an explosive.\3\
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\1\Sec. 4181.
\2\Ibid.
\3\See 27 C.F.R. sec. 53.11 (2006).
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However, the excise tax does not apply to machine guns and
short barreled firearms.\4\ In addition, firearms, pistols, and
revolvers manufactured, produced, or imported by a person who
in aggregate manufactures, produces, or imports less than 50
firearms, pistols, and revolvers during the calendar year are
exempt from the excise tax.\5\ Sales of firearms, pistols,
revolvers, shells, and cartridges to the Department of Defense,
the Coast Guard, State and local governments, nonprofit
educational organizations, and for use in vessels and aircraft
are also exempt from the excise tax.\6\
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\4\Sec. 4182(a).
\5\Sec. 4182(c).
\6\Secs. 4182(b) and 4221(a).
---------------------------------------------------------------------------
The National Firearms Act (the ``NFA''),\7\ which is
codified as chapter 53 of the Code, requires importers,
manufacturers, and dealers in firearms to pay a special
occupational tax and register with the Treasury, and also
imposes excise taxes on the transfer and making of firearms.\8\
Generally, in order to engage in business, an importer or
manufacturer of firearms is required to pay a special
occupational tax of $1,000 for each year and for each place of
business; a dealer of firearms is required to pay a special
occupational tax of $500 for each year and for each place of
business.\9\ However, persons who conduct businesses
exclusively with, or on behalf of, the United States or any
department or agency of the United States are generally exempt
from the special occupational tax.\10\ Generally, importers,
manufacturers, and dealers in firearms are required to register
with the Secretary of the Treasury (the ``Secretary'') in each
internal revenue district in which the business is carried
on.\11\
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\7\Pub. L. No. 73-474.
\8\Secs. 5801 et seq.
\9\Sec. 5801(a).
\10\Sec. 5851.
\11\Sec. 5802.
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An excise tax of $200 is generally imposed on each firearm
that is transferred (``transfer tax'') or made (``making
tax'').\12\ However, a firearm may be transferred to the United
States, or a department, independent establishment, or agency
of the United States, without payment of the transfer tax.\13\
A firearm may also be transferred or made without payment of
the transfer tax or making tax, respectively, if the firearm is
transferred or made by or on behalf of a State, possession of
the United States, any political subdivision, or any official
police organization of a government entity engaged in criminal
investigations.\14\ Further, a firearm registered to a person
that is qualified under the NFA to engage in business as an
importer, manufacturer, or dealer may be transferred without
payment of transfer tax to any other person qualified to
manufacture, import, or deal in that type of firearm.\15\ A
manufacturer qualified under the NFA may also make the type of
firearm which the manufacturer is qualified to manufacture
without payment of the making tax.\16\
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\12\Secs. 5811 and 5821.
\13\Sec. 5852(a).
\14\Sec. 5853.
\15\Sec. 5852(d).
\16\Sec. 5852(c).
---------------------------------------------------------------------------
Under the NFA, a ``firearm'' means (1) a shotgun having a
barrel or barrels of less than 18 inches in length; (2) a
weapon made from a shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of
less than 18 inches in length; (3) a rifle having a barrel or
barrels of less than 16 inches in length; (4) a weapon made
from a rifle if such weapon as modified has an overall length
of less than 26 inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon;\17\ (6) a machine gun;
(7) a silencer; and (8) a destructive device. The term
``firearm'' does not include an antique firearm or any device
(other than a machine gun or destructive device) which,
although designed as a weapon, the Secretary finds by reason of
the date of its manufacture, value, design, and other
characteristics is primarily a collector's item and is not
likely to be used as a weapon.\18\
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\17\As defined in sec. 5845(e). The term ``any other weapon''
includes, for example, a weapon or device capable of being concealed on
the person from which a shot can be discharged through the energy of an
explosive and a pistol or revolver having a barrel with a smooth bore
designed or redesigned to fire a fixed shotgun shell. The term does not
include a pistol or a revolver having a rifled bore.
\18\Sec. 5845(a).
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In contrast, the Gun Control Act of 1968\19\ (the ``GCA'')
contains the primary Federal restrictions on domestic commerce
in firearms and ammunition that are not regulated under the
NFA. The GCA requires persons manufacturing, importing, or
selling firearms as a business to be Federally licensed. In
addition, the GCA prohibits interstate firearms transfers
between unlicensed persons; prohibits interstate sale of
handguns generally; sets forth categories of persons to whom
firearms or ammunition may not be sold; authorizes the Attorney
General to prohibit the importation of nonsporting firearms;
and requires that dealers maintain records of all commercial
gun sales.\20\ Under the GCA, a ``firearm'' is (1) a weapon
(including a starter gun) which will or is designed to or may
readily be converted to expel a projectile by the action of an
explosive; (2) the frame or receiver of such a weapon; (3) a
firearm muffler or firearm silencer; or (4) a destructive
device. However, the term ``firearm'' does not include an
antique firearm.\21\
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\19\Pub. L. No. 90-618, codified as 18 U.S.C. secs. 921 et seq.
\20\R. Eliot Crafton, Jordan B. Cohen, and Jane G. Gravelle,
Congressional Research Service, Guns, Excise Taxes, Wildlife
Restoration, and the National Firearms Act (Report R45123), March 5,
2018, available at https://crsreports.congress.gov/product/pdf/R/
R45123.
\21\18 U.S.C. sec. 921(a)(3).
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REASONS FOR CHANGE
The Committee believes that innovative non-lethal
projectile devices are necessary for protecting our communities
and should be promoted. However, the Committee is concerned
that current and future non-lethal projectile devices may be
subject to Federal excise taxes and regulations, which may
stifle the development, production, and availability of these
important devices. The provision addresses these concerns by
clarifying that certain less-than-lethal projectile devices are
not firearms for purposes of the Gun Control Act. Further, the
provision provides that certain less-than-lethal projectile
devices, and similar devices that the Secretary determines are
designed or intended to be used in a manner that is not likely
to cause death or serious bodily injury, are exempted from the
firearms and ammunition excise tax and the National Firearms
Act.
EXPLANATION OF PROVISION
Exemption of certain less-than-lethal projectile devices from
restrictions under title 18 of the United States Code
The provision amends section 921 of title 18 of the United
States Code to provide that a less-than-lethal projectile
device is not a firearm for purposes of the GCA. A ``less-than-
lethal projectile device'' is a device with a bore or multiple
bores that is not designed or intended to expel a projectile at
a velocity exceeding 500 feet per second by any means, and is
designed or intended to be used in a manner that is not likely
to cause death of serious bodily injury.
Exemption of certain less-than-lethal projectile devices from the
firearms and ammunition excise tax
The provision amends the Code to provide that the firearms
and ammunition excise tax does not apply to (1) a less-than-
lethal projectile device, (2) a device contained on the most
recent list that the Secretary makes available (described
below), and (3) a shell or cartridge that is designed or
intended to be used in a manner that is not likely to cause
death or serious bodily injury and is designed for use in a
device referred to in (1) or (2). A ``less-than-lethal
projectile device'' is a device with a bore or multiple bores
that is not designed or intended to expel a projectile at a
velocity exceeding 500 feet per second by any means, and is
designed or intended to be used in a manner that is not likely
to cause death or serious bodily injury.
The Secretary is directed to produce two lists of devices.
First, the Secretary is directed to make publicly available a
list of devices that the Secretary has determined are less-
than-lethal projectile devices and to update the list annually
to take into account new devices. Second, the Secretary is
directed to make publicly available a list of devices that the
Secretary has determined are designed or intended to be used in
a manner that is not likely to cause death or serious bodily
injury, but fail to qualify as less-than-lethal projectile
devices because the devices are designed or intended to expel a
projectile at a velocity exceeding 500 feet per second by any
means (the ``exempt devices list''). As discussed above, the
devices that are included on the exempt devices list are exempt
from the firearms and ammunition excise tax. The Secretary is
required to update the exempt devices list annually to take
into account new devices. Further, the Secretary is directed to
submit an annual written report to the House Ways and Means
Committee and the Senate Finance Committee regarding the exempt
devices list, including a copy of the list, a description of
the devices that were considered for inclusion on the list, and
the reasons for including or excluding the devices from the
list.
Exemption of certain less-than-lethal projectile devices from the
National Firearms Act
The provision modifies the definition of ``firearm'' for
purposes of the NFA.\22\ The provision provides that less-than-
lethal projectile devices and devices contained on the exempt
devices list are not firearms for purposes of the NFA and thus
are not subject to the occupational, transfer, or making taxes.
The term ``less-than-lethal projectile devices'' has the same
meaning given that term for purposes of the firearms and
ammunition excise tax.
---------------------------------------------------------------------------
\22\Pub. L. No. 73-474, codified as chapter 53 of the Code.
---------------------------------------------------------------------------
EFFECTIVE DATE
The provision is generally effective on the date of
enactment. The part of the provision relating to the exemption
of certain devices from the firearms and ammunition excise tax
applies to articles sold by the manufacturer, producer, or
importer after the date of enactment.
III. VOTE OF THE COMMITTEE
Pursuant to clause 3(b) of rule XIII of the Rules of the
House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means in its
consideration of H.R. 3269, the ``Law Enforcement Innovate to
De-Escalate Act,'' on September 11, 2024.
H.R. 3269 was ordered favorably reported to the House of
Representatives as amended by a roll vote of 21 yeas to 15 nays
(with a quorum being present). The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO)..................... X ...... ......... Mr. Neal............. ...... X .........
Mr. Buchanan....................... X ...... ......... Mr. Doggett.......... ...... X .........
Mr. Smith (NE)..................... X ...... ......... Mr. Thompson......... ...... X .........
Mr. Kelly.......................... X ...... ......... Mr. Larson........... ...... X .........
Mr. Schweikert..................... X ...... ......... Mr. Blumenauer....... ...... X .........
Mr. LaHood......................... X ...... ......... Mr. Davis............ ...... X .........
Dr. Wenstrup....................... X ...... ......... Ms. Sanchez.......... ...... X .........
Mr. Arrington...................... ...... ...... ......... Ms. Sewell........... ...... ...... .........
Dr. Ferguson....................... ...... ...... ......... Ms. DelBene.......... ...... X .........
Mr. Estes.......................... ...... ...... ......... Ms. Chu.............. ...... X .........
Mr. Smucker........................ X ...... ......... Ms. Moore............ ...... X .........
Mr. Hern........................... X ...... ......... Mr. Kildee........... ...... X .........
Ms. Miller......................... X ...... ......... Mr. Beyer............ ...... X .........
Dr. Murphy......................... ...... ...... ......... Mr. Evans............ ...... ...... .........
Mr. Kustoff........................ X ...... ......... Mr. Schneider........ ...... X .........
Mr. Fitzpatrick.................... ...... ...... ......... Mr. Panetta.......... X ...... .........
Mr. Steube......................... X ...... ......... Mr. Gomez............ ...... X .........
Ms. Tenney......................... X ...... ......... Mr. Horsford......... ...... X .........
Mrs. Fischbach..................... X ...... .........
Mr. Moore.......................... X ...... .........
Mr. Steel.......................... X ...... .........
Ms. Van Duyne...................... X ...... .........
Mr. Feenstra....................... X ...... .........
Ms. Malliotakis.................... X ...... .........
Mr. Carey.......................... X ...... .........
----------------------------------------------------------------------------------------------------------------
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the bill, H.R. 3269, as
reported. The estimate prepared by the Joint Committee on
Taxation (JCT) is included below.
The provision is estimated to reduce Federal receipts by
less than $500,000 over the budget window.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new or increased budget authority.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
H.R. 3269 would exempt certain firearms, shells, and
cartridges from the firearm and ammunition excise and transfer
taxes. The bill would apply to firearms, and the shells and
cartridges designed for those firearms, that are not intended
to cause death or serious injury. Under current law, the excise
tax is 11 percent of the purchase price and the transfer tax is
$200 per firearm.
H.R. 3269 also would require the Department of the Treasury
to publish a list of firearms that it determines qualify for
the exemption and update it annually. Lastly, the bill would
require the Treasury to report annually to the Congress on any
updates made to the list.
The Congressional Budget Act of 1974, as amended,
stipulates that revenue estimates provided by the staff of the
Joint Committee on Taxation (JCT) will be the official
estimates for all tax legislation considered by the Congress.
As such, CBO incorporates those estimates into its cost
estimates of the effects of legislation. The estimates for the
revenue provisions of H.R. 3269 were provided by JCT.
JCT estimates that, by exempting firearms, shells and
cartridges currently subject to taxation, enacting H.R. 3269
would reduce revenues by less than $500,000 over the 2025-2034
period. Under current law, firearm and ammunition excise taxes
are deposited in the Federal Aid to Wildlife Restoration Fund.
Those funds can be spent without further appropriation. Thus,
CBO estimates that enacting H.R. 3269 would reduce direct
spending by less than $500,000 over the 2025-2034 period.
CBO expects the agencies that collect those taxes and
regulate the sale of firearms would incur administrative costs
to comply with the bill's requirements. Based on the costs of
similar activities, CBO estimates that implementing H.R. 3269
would cost less than $500,000 over the 2025-2029 period. Any
related spending would be subject to the availability of
appropriated funds.
On October 23, 2024, CBO transmitted a cost estimate for
H.R. 3269, the Law Enforcement Innovate to De-Escalate Act of
2024, as ordered reported by the House Committee on the
Judiciary on April 17, 2024. The two bills are similar, and
CBO's estimate of their budgetary effects are the same.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Tax Complexity Analysis
Section 4022(b) of the Internal Revenue Service Reform and
Restructuring Act of 1998 (``IRS Reform Act'') requires the
staff of the Joint Committee on Taxation (in consultation with
the Internal Revenue Service and the Treasury Department) to
provide a tax complexity analysis. The complexity analysis is
required for all legislation reported by the Senate Committee
on Finance, the House Committee on Ways and Means, or any
committee of conference if the legislation includes a provision
that directly or indirectly amends the Internal Revenue Code
and has widespread applicability to individuals or small
businesses. The staff of the Joint Committee on Taxation has
determined that there are no provisions that are of widespread
applicability to individuals or small businesses.
D. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
E. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
F. Duplication of Federal Programs
In compliance with clause 3(c)(5) of Rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Changes in Existing Law Proposed by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 921. Definitions
(a) As used in this chapter--
(1) The term ``person'' and the term ``whoever'' include any
individual, corporation, company, association, firm,
partnership, society, or joint stock company.
(2) The term ``interstate or foreign commerce'' includes
commerce between any place in a State and any place outside of
that State, or within any possession of the United States (not
including the Canal Zone) or the District of Columbia, but such
term does not include commerce between places within the same
State but through any place outside of that State. The term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, and the possessions of the United States (not
including the Canal Zone).
(3) The term ``firearm'' means (A) any weapon (including a
starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon; (C) any firearm
muffler or firearm silencer; or (D) any destructive device.
Such term does not include an antique firearm or a less-than-
lethal projectile device.
(4) The term ``destructive device'' means--
(A) any explosive, incendiary, or poison gas--
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of
more than four ounces,
(iv) missile having an explosive or
incendiary charge of more than one-quarter
ounce,
(v) mine, or
(vi) device similar to any of the devices
described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a
shotgun shell which the Attorney General finds is
generally recognized as particularly suitable for
sporting purposes) by whatever name known which will,
or which may be readily converted to, expel a
projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of
more than one-half inch in diameter; and
(C) any combination of parts either designed or
intended for use in converting any device into any
destructive device described in subparagraph (A) or (B)
and from which a destructive device may be readily
assembled.
The term ``destructive device'' shall not include any device
which is neither designed nor redesigned for use as a weapon;
any device, although originally designed for use as a weapon,
which is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 7684(2), 7685, or 7686 of title 10; or
any other device which the Attorney General finds is not likely
to be used as a weapon, is an antique, or is a rifle which the
owner intends to use solely for sporting, recreational or
cultural purposes.
(5) The term ``shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of an explosive to fire through a smooth bore either
a number of ball shot or a single projectile for each single
pull of the trigger.
(6) The term ``short-barreled shotgun'' means a shotgun
having one or more barrels less than eighteen inches in length
and any weapon made from a shotgun (whether by alteration,
modification or otherwise) if such a weapon as modified has an
overall length of less than twenty-six inches.
(7) The term ``rifle'' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
an explosive to fire only a single projectile through a rifled
bore for each single pull of the trigger.
(8) The term ``short-barreled rifle'' means a rifle having
one or more barrels less than sixteen inches in length and any
weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall
length of less than twenty-six inches.
(9) The term ``importer'' means any person engaged in the
business of importing or bringing firearms or ammunition into
the United States for purposes of sale or distribution; and the
term ``licensed importer'' means any such person licensed under
the provisions of this chapter.
(10) The term ``manufacturer'' means any person engaged in
the business of manufacturing firearms or ammunition for
purposes of sale or distribution; and the term ``licensed
manufacturer'' means any such person licensed under the
provisions of this chapter.
(11) The term ``dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any
person engaged in the business of repairing firearms or of
making or fitting special barrels, stocks, or trigger
mechanisms to firearms, or (C) any person who is a pawnbroker.
The term ``licensed dealer'' means any dealer who is licensed
under the provisions of this chapter.
(12) The term ``pawnbroker'' means any person whose business
or occupation includes the taking or receiving, by way of
pledge or pawn, of any firearm as security for the payment or
repayment of money.
(13) The term ``collector'' means any person who acquires,
holds, or disposes of firearms as curios or relics, as the
Attorney General shall by regulation define, and the term
``licensed collector'' means any such person licensed under the
provisions of this chapter.
(14) The term ``indictment'' includes an indictment or
information in any court under which a crime punishable by
imprisonment for a term exceeding one year may be prosecuted.
(15) The term ``fugitive from justice'' means any person who
has fled from any State to avoid prosecution for a crime or to
avoid giving testimony in any criminal proceeding.
(16) The term ``antique firearm'' means--
(A) any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type
of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in
subparagraph (A) if such replica--
(i) is not designed or redesigned for using
rimfire or conventional centerfire fixed
ammunition, or
(ii) uses rimfire or conventional centerfire
fixed ammunition which is no longer
manufactured in the United States and which is
not readily available in the ordinary channels
of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun,
or muzzle loading pistol, which is designed to use
black powder, or a black powder substitute, and which
cannot use fixed ammunition. For purposes of this
subparagraph, the term ``antique firearm'' shall not
include any weapon which incorporates a firearm frame
or receiver, any firearm which is converted into a
muzzle loading weapon, or any muzzle loading weapon
which can be readily converted to fire fixed ammunition
by replacing the barrel, bolt, breechblock, or any
combination thereof.
(17)(A) The term ``ammunition'' means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use
in any firearm.
(B) The term ``armor piercing ammunition'' means--
(i) a projectile or projectile core which may be used
in a handgun and which is constructed entirely
(excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted
uranium; or
(ii) a full jacketed projectile larger than .22
caliber designed and intended for use in a handgun and
whose jacket has a weight of more than 25 percent of
the total weight of the projectile.
(C) The term ``armor piercing ammunition'' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Attorney
General finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the
Attorney General finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well
perforating device.
(18) The term ``Attorney General'' means the Attorney General
of the United States
(19) The term ``published ordinance'' means a published law
of any political subdivision of a State which the Attorney
General determines to be relevant to the enforcement of this
chapter and which is contained on a list compiled by the
Attorney General, which list shall be published in the Federal
Register, revised annually, and furnished to each licensee
under this chapter.
(20) The term ``crime punishable by imprisonment for a term
exceeding one year'' does not include--
(A) any Federal or State offenses pertaining to
antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating
to the regulation of business practices, or
(B) any State offense classified by the laws of the
State as a misdemeanor and punishable by a term of
imprisonment of two years or less.
What constitutes a conviction of such a crime shall be
determined in accordance with the law of the jurisdiction in
which the proceedings were held. Any conviction which has been
expunged, or set aside or for which a person has been pardoned
or has had civil rights restored shall not be considered a
conviction for purposes of this chapter, unless such pardon,
expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive
firearms.
(21) The term ``engaged in the business'' means--
(A) as applied to a manufacturer of firearms, a
person who devotes time, attention, and labor to
manufacturing firearms as a regular course of trade or
business with the principal objective of livelihood and
profit through the sale or distribution of the firearms
manufactured;
(B) as applied to a manufacturer of ammunition, a
person who devotes time, attention, and labor to
manufacturing ammunition as a regular course of trade
or business with the principal objective of livelihood
and profit through the sale or distribution of the
ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in
section 921(a)(11)(A), a person who devotes time,
attention, and labor to dealing in firearms as a
regular course of trade or business to predominantly
earn a profit through the repetitive purchase and
resale of firearms, but such term shall not include a
person who makes occasional sales, exchanges, or
purchases of firearms for the enhancement of a personal
collection or for a hobby, or who sells all or part of
his personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in
section 921(a)(11)(B), a person who devotes time,
attention, and labor to engaging in such activity as a
regular course of trade or business with the principal
objective of livelihood and profit, but such term shall
not include a person who makes occasional repairs of
firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person
who devotes time, attention, and labor to importing
firearms as a regular course of trade or business with
the principal objective of livelihood and profit
through the sale or distribution of the firearms
imported; and
(F) as applied to an importer of ammunition, a person
who devotes time, attention, and labor to importing
ammunition as a regular course of trade or business
with the principal objective of livelihood and profit
through the sale or distribution of the ammunition
imported.
(22) The term ``to predominantly earn a profit'' means that
the intent underlying the sale or disposition of firearms is
predominantly one of obtaining pecuniary gain, as opposed to
other intents, such as improving or liquidating a personal
firearms collection: Provided, That proof of profit shall not
be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
``terrorism'' means activity, directed against United States
persons, which--
(A) is committed by an individual who is not a
national or permanent resident alien of the United
States;
(B) involves violent acts or acts dangerous to human
life which would be a criminal violation if committed
within the jurisdiction of the United States; and
(C) is intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a government
by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(23) The term ``with the principal objective of livelihood
and profit'' means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection: Provided, That proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
``terrorism'' means activity, directed against United States
persons, which--
(A) is committed by an individual who is not a
national or permanent resident alien of the United
States;
(B) involves violent acts or acts dangerous to human
life which would be a criminal violation if committed
within the jurisdiction of the United States; and
(C) is intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a government
by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(24) The term ``machinegun'' has the meaning given such term
in section 5845(b) of the National Firearms Act (26 U.S.C.
5845(b)).
(25) The terms ``firearm silencer'' and ``firearm muffler''
mean any device for silencing, muffling, or diminishing the
report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or
fabrication.
(26) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds
of a public, parochial or private school.
(27) The term ``school'' means a school which provides
elementary or secondary education, as determined under State
law.
(28) The term ``motor vehicle'' has the meaning given such
term in section 13102 of title 49, United States Code.
(29) The term ``semiautomatic rifle'' means any repeating
rifle which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, and which requires a separate pull of the trigger
to fire each cartridge.
(30) The term ``handgun'' means--
(A) a firearm which has a short stock and is designed
to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
(32) The term ``intimate partner'' means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with the
person.
(33)(A) Except as provided in subparagraphs (B) and (C), the
term ``misdemeanor crime of domestic violence'' means an
offense that--
(i) is a misdemeanor under Federal, State, Tribal, or
local law; and
(ii) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim
as a spouse, parent, or guardian, by a person similarly
situated to a spouse, parent, or guardian of the
victim, or by a person who has a current or recent
former dating relationship with the victim.
(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
(I) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
(II) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently
waived the right to have the case tried by a
jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the
conviction has been expunged or set aside, or is an offense for
which the person has been pardoned or has had civil rights
restored (if the law of the applicable jurisdiction provides
for the loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights expressly
provides that the person may not ship, transport, possess, or
receive firearms.
(C) A person shall not be considered to have been convicted
of a misdemeanor crime of domestic violence against an
individual in a dating relationship for purposes of this
chapter if the conviction has been expunged or set aside, or is
an offense for which the person has been pardoned or has had
firearm rights restored unless the expungement, pardon, or
restoration of rights expressly provides that the person may
not ship, transport, possess, or receive firearms: Provided,
That, in the case of a person who has not more than 1
conviction of a misdemeanor crime of domestic violence against
an individual in a dating relationship, and is not otherwise
prohibited under this chapter, the person shall not be
disqualified from shipping, transport, possession, receipt, or
purchase of a firearm under this chapter if 5 years have
elapsed from the later of the judgment of conviction or the
completion of the person's custodial or supervisory sentence,
if any, and the person has not subsequently been convicted of
another such offense, a misdemeanor under Federal, State,
Tribal, or local law which has, as an element, the use or
attempted use of physical force, or the threatened use of a
deadly weapon, or any other offense that would disqualify the
person under section 922(g). The national instant criminal
background check system established under section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) shall
be updated to reflect the status of the person. Restoration
under this subparagraph is not available for a current or
former spouse, parent, or guardian of the victim, a person with
whom the victim shares a child in common, a person who is
cohabiting with or has cohabited with the victim as a spouse,
parent, or guardian, or a person similarly situated to a
spouse, parent, or guardian of the victim.
(34) The term ``secure gun storage or safety device'' means--
(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated
without first deactivating the device;
(B) a device incorporated into the design of the
firearm that is designed to prevent the operation of
the firearm by anyone not having access to the device;
or
(C) a safe, gun safe, gun case, lock box, or other
device that is designed to be or can be used to store a
firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means.
(35) The term ``body armor'' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(36) The term ``local law enforcement authority'' means a
bureau, office, department or other authority of a State or
local government or Tribe that has jurisdiction to investigate
a violation or potential violation of, or enforce, a State,
local, or Tribal law.
(37)(A) The term ``dating relationship'' means a relationship
between individuals who have or have recently had a continuing
serious relationship of a romantic or intimate nature.
(B) Whether a relationship constitutes a dating relationship
under subparagraph (A) shall be determined based on
consideration of--
(i) the length of the relationship;
(ii) the nature of the relationship; and
(iii) the frequency and type of interaction between
the individuals involved in the relationship.
(C) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a dating
relationship under subparagraph (A).
(38) The term ``less-than-lethal projectile device'' means a
device with a bore or multiple bores, that--
(A) is not designed or intended to expel a projectile
at a velocity exceeding 500 feet per second by any
means; and
(B) is designed or intended to be used in a manner
that is not likely to cause death or serious bodily
injury.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.
* * * * * * *
----------
INTERNAL REVENUE CODE OF 1986
* * * * * * *
Subtitle D--Miscellaneous Excise Taxes
* * * * * * *
CHAPTER 32--MANUFACTURERS EXCISE TAXES
* * * * * * *
Subchapter D--RECREATIONAL EQUIPMENT
* * * * * * *
PART III--FIREARMS
* * * * * * *
SEC. 4182. EXEMPTIONS.
(a) Machine guns and short barrelled firearms.--The tax
imposed by section 4181 shall not apply to any firearm on which
the tax provided by section 5811 has been paid.
(b) Sales to defense department.--No firearms, pistols,
revolvers, shells, and cartridges purchased with funds
appropriated for the military department shall be subject to
any tax imposed on the sale or transfer of such articles.
(c) Small manufacturers, etc..--
(1) In general.--The tax imposed by section 4181
shall not apply to any pistol, revolver, or firearm
described in such section if manufactured, produced, or
imported by a person who manufactures, produces, and
imports less than an aggregate of 50 of such articles
during the calendar year.
(2) Controlled groups.--All persons treated as a
single employer for purposes of subsection (a) or (b)
of section 52 shall be treated as one person for
purposes of paragraph (1).
(d) Less-than-lethal Projectile Devices.--
(1) In general.--The tax imposed by section 4181
shall not apply to--
(A) any less-than-lethal projectile device,
(B) any device contained on the most recent
list made available by the Secretary under
paragraph (3)(B), and
(C) any shell or cartridge that meets the
requirement of paragraph (2)(B) and is designed
for use in a device referred to in subparagraph
(A) or (B).
(2) Less-than-lethal projectile device.--The term
``less-than-lethal projectile device'' means a device
with a bore or multiple bores, that--
(A) is not designed or intended to expel a
projectile at a velocity exceeding 500 feet per
second by any means, and
(B) is designed or intended to be used in a
manner that is not likely to cause death or
serious bodily injury.
(3) Annual review of new and emerging technologies.--
(A) List of less-than-lethal projectile
devices.--The Secretary shall make publicly
available a list of devices that the Secretary
has determined are described in paragraph (2)
and shall update such list annually to take
into account new devices.
(B) List of non-lethal devices the
projectiles of which exceed 500 feet per
second.--
(i) In general.--The Secretary shall
make publicly available a list of
devices that the Secretary has
determined are not described in
paragraph (2) but would be so described
if such paragraph were applied without
regard to subparagraph (A) thereof, and
shall update such list annually to take
into account new devices.
(ii) Report to congress.--The
Secretary shall annually submit a
written report to the Committee on Ways
and Means of the House of
Representatives and the Committee on
Finance of the Senate regarding the
annual list of devices described in
clause (i), including a copy of such
list, a description of the devices that
were considered for inclusion on such
list, and the reasons for including or
excluding such devices from such list.
[(d)] (e) Records.--Notwithstanding the provisions of
sections 922(b)(5) and 923(g) of title 18, United States Code,
no person holding a Federal license under chapter 44 of title
18, United States Code, shall be required to record the name,
address, or other information about the purchaser of shotgun
ammunition, ammunition suitable for use only in rifles
generally available in commerce, or component parts for the
aforesaid types of ammunition.
* * * * * * *
Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes
* * * * * * *
CHAPTER 53--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
Subchapter B--GENERAL PROVISIONS AND EXEMPTIONS
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 5845. DEFINITIONS.
For the purpose of this chapter--
(a) Firearm.--The term ``firearm'' means (1) a shotgun having
a barrel or barrels of less than 18 inches in length; (2) a
weapon made from a shotgun if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of
less than 18 inches in length; (3) a rifle having a barrel or
barrels of less than 16 inches in length; (4) a weapon made
from a rifle if such weapon as modified has an overall length
of less than 26 inches or a barrel or barrels of less than 16
inches in length; (5) any other weapon, as defined in
subsection (e); (6) a machinegun; (7) any silencer (as defined
in section 921 of title 18, United States Code); and (8) a
destructive device. The term ``firearm'' shall not include [an
antique firearm or] any antique firearm, any less-than-lethal
projectile device (as defined in section 4182(d)(2)), any
device referred to in section 4182(d)(1)(B), or any device
(other than a machinegun or destructive device) which, although
designed as a weapon, the Secretary finds by reason of the date
of its manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used as a
weapon.
(b) Machinegun.--The term ``machinegun'' means any weapon
which shoots, is designed to shoot, or can be readily restored
to shoot, automatically more than one shot, without manual
reloading, by a single function of the trigger. The term shall
also include the frame or receiver of any such weapon, any part
designed and intended solely and exclusively, or combination of
parts designed and intended, for use in converting a weapon
into a machinegun, and any combination of parts from which a
machinegun can be assembled if such parts are in the possession
or under the control of a person.
(c) Rifle.--The term ``rifle'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed cartridge to fire only a
single projectile through a rifled bore for each single pull of
the trigger, and shall include any such weapon which may be
readily restored to fire a fixed cartridge.
(d) Shotgun.--The term ``shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of projectiles (ball
shot) or a single projectile for each pull of the trigger, and
shall include any such weapon which may be readily restored to
fire a fixed shotgun shell.
(e) Any other weapon.--The term ``any other weapon'' means
any weapon or device capable of being concealed on the person
from which a shot can be discharged through the energy of an
explosive, a pistol or revolver having a barrel with a smooth
bore designed or redesigned to fire a fixed shotgun shell,
weapons with combination shotgun and rifle barrels 12 inches or
more, less than 18 inches in length, from which only a single
discharge can be made from either barrel without manual
reloading, and shall include any such weapon which may be
readily restored to fire. Such term shall not include a pistol
or a revolver having a rifled bore, or rifled bores, or weapons
designed, made, or intended to be fired from the shoulder and
not capable of firing fixed ammunition.
(f) Destructive device.--The term ``destructive device''
means (1) any explosive, incendiary, or poison gas (A) bomb,
(B) grenade, (C) rocket having a propellent charge of more than
four ounces, (D) missile having an explosive or incendiary
charge of more than one-quarter ounce, (E) mine, or (F) similar
device; (2) any type of weapon by whatever name known which
will, or which may be readily converted to, expel a projectile
by the action of an explosive or other propellant, the barrel
or barrels of which have a bore of more than one-half inch in
diameter, except a shotgun or shotgun shell which the Secretary
finds is generally recognized as particularly suitable for
sporting purposes; and (3) any combination of parts either
designed or intended for use in converting any device into a
destructive device as defined in subparagraphs (1) and (2) and
from which a destructive device may be readily assembled. The
term ``destructive device'' shall not include any device which
is neither designed nor redesigned for use as a weapon; any
device, although originally designed for use as a weapon, which
is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 7684(2), 7685, or 7686 of title 10,
United States Code; or any other device which the Secretary
finds is not likely to be used as a weapon, or is an antique or
is a rifle which the owner intends to use solely for sporting
purposes.
(g) Antique firearm.--The term ``antique firearm'' means any
firearm not designed or redesigned for using rim fire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system
or replica thereof, whether actually manufactured before or
after the year 1898) and also any firearm using fixed
ammunition manufactured in or before 1898, for which ammunition
is no longer manufactured in the United States and is not
readily available in the ordinary channels of commercial trade.
(h) Unserviceable firearm.--The term ``unserviceable
firearm'' means a firearm which is incapable of discharging a
shot by means of an explosive and incapable of being readily
restored to a firing condition.
(i) Make.--The term ``make'', and the various derivatives of
such word, shall include manufacturing (other than by one
qualified to engage in such business under this chapter),
putting together, altering, any combination of these, or
otherwise producing a firearm.
(j) Transfer.--The term ``transfer'' and the various
derivatives of such word, shall include selling, assigning,
pledging, leasing, loaning, giving away, or otherwise disposing
of.
(k) Dealer.--The term ``dealer'' means any person, not a
manufacturer or importer, engaged in the business of selling,
renting, leasing, or loaning firearms and shall include
pawnbrokers who accept firearms as collateral for loans.
(l) Importer.--The term ``importer'' means any person who is
engaged in the business of importing or bringing firearms into
the United States.
(m) Manufacturer.--The term ``manufacturer'' means any person
who is engaged in the business of manufacturing firearms.
* * * * * * *
VII. DISSENTING VIEWS
This bill reflects a poorly executed attempt at what may
have been a well-intentioned goal to help law enforcement and
protect the public. Republicans claim that the bill is designed
to lower barriers for law enforcement to access devices such as
TASERs by redefining ``firearm'' in the Gun Control Act of 1968
to make less-than-lethal weapons more readily available.
However, law enforcement officers are already exempt from much
of the Gun Control Act and are able to procure both firearms
and less-than-lethal projectile devices free of tax. Moreover,
redefining ``firearm'' to exclude less-than-lethal projectile
devices from background check requirements is of grave concern
for public safety. If enacted, this bill would enable people
who are currently unable to obtain weapons classified as
firearms--such as people convicted of domestic abuse or violent
felonies--to easily obtain dangerous projectile weapons which
may be easily modified.
While we support good faith efforts to aid law enforcement
with reducing the use of lethal force, this bill does not move
towards that goal. Enabling the public to obtain projectile
weapons more easily will only put both law enforcement and the
public at risk, and potentially escalate confrontations with
law enforcement. The term ``less-than-lethal projectile
device'' is both subjective and a misnomer. Many of the weapons
that are captured by this term can still cause serious injury
and death, with the majority of these deaths occurring after
what began as a nonviolent encounter. Furthermore, these
weapons can easily be modified by devices available on the
market or by personally manufactured parts. The result is a
dangerous loophole in the background check system whereby a
prohibited purchaser may acquire one of these devices, modify
it to have the lethality of a firearm they are not allowed to
purchase, and then engage in devastating criminal activity.
Rather than weaken firearm regulations in the name of
helping law enforcement, Republicans should focus on
strengthening laws that actually protect law enforcement,
invest in programs that enhance public safety, and prevent
people intent on causing harm from easily accessing dangerous
weapons.
Richard E. Neal.
DISSENTING VIEWS
I support the goal of incentivizing the use of less than
lethal devices by law enforcement, but that's not what this
bill does. The less than lethal devices provision doesn't just
exempt this taser from the national firearms act, it creates a
loophole and makes it easier for ghost guns to be accessed by
prohibited purchasers. Those are people who are a danger to
themselves and others. Those are bad guys.
What this bill does is create a new twist on the ongoing
problem: ghost guns. Law enforcement continues to struggle with
this threat to our communities, and if passed, this would make
it easier for undetectable and untraceable devices for entering
the market. Even our Department of Justice and the ATF says so,
and the technical assistance were provided for the definition.
And I would like to add to the record, the statement on the
technical advice.
Sadly, this could have been addressed and this should be
fixed before this bill goes any further. These firearms, ghost
guns, are the weapon of choice for prohibited purchasers. By
unintentionally allowing a new subset of firearms onto the
market without background checks or other regulations, we risk
allowing those who are a danger to themselves or others to
access these types of weapons. In fact, ghost guns are the
fastest growing gun violence threat in our country, and they
pose a significant threat to our communities and law
enforcement.
I'd also like to add to the record a stack of articles
reporting on ghost gun problems in our community. When the
Biden administration tried to regulate ghost guns by requiring
that all guns had to be serialized, manufacturers began selling
the frames and receivers of these kits separately, so they
could avoid this regulation. And my friends on the others side
of the aisle sat by in silence and allowed this to happen.
Republicans again and again have obstructed efforts to keep
our community Whether it was passing legislation to make short-
barreled guns legal, preventing safe. the VA from flagging to
the NIX, background checks systems when a veteran is a danger
themselves or others. They have opposed appropriations cuts for
gun violence to research, refused to sign discharge petitions
on bipartisan policies like background checks, red flag laws,
the bump stocks prohibition, and proposed massive cuts to
defund the FBI and ATF, and have a CRA that would block
expanded background checks.
This bill just adds to these problems, it exacerbates the
problems. We should be working together to figure out how we
can make our communities safe. And we know it's problem. There
have been more mass shootings this year than there have been
days this year.
Gun violence already is the number one cause of death for
teenagers and for We just finished with two terribles ones: a
mass shooting at a school in Georgia children. and Kentucky,
the highway shooter. We shouldn't make it easier for these
people who are in a danger to themselves or to others, to have
access to firearms.
My friend from Arizona said this is about helping law
enforcement. That's just accurate.
That's not what the bill does. If you want to help law
enforcement, deal not that particular provision. Don't open
this loophole in the law that will allow easy with access to
ghost guns, making our communities less safe, putting our
children and our community members and our constituents in
harm's way.
This bill should be fixed before it goes any further and we
have the ability to do that. We should stop closing our eyes to
the epidemic of gun violence and we should work together to
address these issues.
Mike Thompson.