[House Report 119-472]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 119-472
======================================================================
LAW-ENFORCEMENT INNOVATE TO DE-ESCALATE ACT
_______
January 30, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Jordan, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2189]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2189) 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
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 7
New Budget Authority and Tax Expenditures........................ 7
Congressional Budget Office Cost Estimate........................ 7
Committee Estimate of Budgetary Effects.......................... 7
Duplication of Federal Programs.................................. 7
Performance Goals and Objectives................................. 7
Advisory on Earmarks............................................. 8
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis...................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
Dissenting Views................................................. 16
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.
Section 921(a) of title 18, United States Code, is amended--
(1) in the second 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:
``(39)(A) The term `less-than-lethal projectile device' means a
device that--
``(i) is not designed or intended to expel and may not be
readily converted to accept and discharge--
``(I) ammunition commonly used in handguns, rifles,
or shotguns; or
``(II) any other projectile at a velocity exceeding
500 feet per second;
``(ii) is designed and intended to be used in a manner that
is not likely to cause death or serious bodily injury; and
``(iii) does not accept, and is not able to be readily
modified to accept, an ammunition feeding device--
``(I) loaded through the inside of a pistol grip; or
``(II) commonly used in semiautomatic firearms.
``(B) If a person requests that the Attorney General determine
whether a device satisfies the definition of `less-than-lethal
projectile device' under subparagraph (A), the Attorney General shall
make the determination not later than 90 days after the date on which
the Attorney General receives the device pursuant to the request.''.
Purpose and Summary
H.R. 2189, the Law Enforcement Innovate to De-Escalate Act,
introduced by Rep. Scott Fitzgerald (R-WI), exempts certain
conducted electrical weapons (CEW) from the definition of a
firearm under federal law by categorizing them as ``less-than-
lethal projectile devices.'' These devices have a bore or
multiple bores that are not intended to discharge ammunition
used in firearms or another projectile at a velocity exceeding
500 feet per second. These devices are also designed and
intended for use in a manner that is unlikely to result in
death or serious bodily harm, and do not accept, and are not
able to be readily modified to accept, an ammunition feeding
device.
Background and Need for the Legislation
When Congress passed the Gun Control Act of 1968 (GCA), it
defined a firearm as ``any weapon which will or is designed to
or may readily be converted to expel a projectile by the action
of an explosive.''\1\ Some CEWs meet the definition of a
``firearm'' under the GCA because they expel probes and wires
from the device. However, CEWs had not been invented at the
time the GCA became law and were not considered by Congress
when formulating the definition of a ``firearm.'' Therefore,
Congress could not have intended to bring CEWs within the
purview of the GCA.
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\1\Id.
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CEWs' expulsion of probes and wires from the device, and
the use of gunpowder to expel the probes and wires, has led the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to
classify CEWs as firearms.\2\ However, this classification of
CEWs and other less-than-lethal devices as ``firearms'' under
federal law overlooks their unique characteristics and intended
use.\3\ Unlike firearms, which are designed for lethal threat
mitigation in the most dire of circumstances, less-than-lethal
devices offer law enforcement officers a safer alternative when
faced with less critical threats.\4\ This distinction is not
reflected in current federal law, leading to overregulation and
underutilization of these devices.\5\
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\2\See, e.g., U.S. Dep't of Justice, Bureau of Alcohol, Tobacco,
Firearms, and Explosives, Tasers as Firearms Firearms and Explosives
(1976), available at https://www.atf.gov/firearms/docs/
ruling/1976-6-tasers-firearms/download.
\3\Press Release, Nat. Fraternal Order of Police, (Feb. 27, 2024),
https://fop.net/letter/house-ways-and-means-h-r-3269-the-law-
enforcement-innovate-to-de-escalate-act/.
\4\Id.
\5\Id.
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CEWs, such as tasers, play a crucial role in law
enforcement encounters by providing officers with a non-lethal
means of de-escalating potentially violent encounters and
temporarily incapacitating individuals who pose a threat.\6\
CEWs have proven to be effective in reducing both officer and
suspect injuries, while successfully resolving incidents
without the use of deadly force.\7\ Their integration into law
enforcement tactics has significantly contributed to the
reduction of fatalities and injuries during confrontations.\8\
Ensuring both officer and public safety underscores the
importance of distinguishing between less-lethal alternatives
and firearms in regulatory frameworks.\9\ As technology
continues to advance, it is essential for the law to keep pace,
providing law enforcement agencies with the necessary tools and
regulatory frameworks to effectively navigate complex
operational environments while upholding public safety and
accountability.\10\
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\6\International Association of Chiefs of Police (IACP), Electronic
Control Weapons, Law Enforcement Policy Center (Sep. 2023), available
at https://www.theiacp.org/sites/
default/files/2023-09/Electronic%20Control%20Weapons%20-%202023.09.pdf.
\7\Samatha Kummerer, An Estimated 500 People Have Died From Police
Use of Tasers Nationwide Between 2010-2021, ABC News 11 (Jan. 19,
2023), https://abc11.com/taser-stun-gun-deaths-nc-nationwide-raleigh-
police/12719372/.
\8\Id.
\9\International Association of Chiefs of Police, supra note 5.
\10\Press Release, Nat. Fraternal Order of Police, (Feb. 27, 2024),
https://fop.net/letter/house-ways-and-means-h-r-3269-the-law-
enforcement-innovate-to-de-escalate-act/.
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ATF's Classification of a TASER as a ``Firearm''
In 1976, the ATF issued ATF Rule 76-6, which determined
that a hand-held device designed to expel electrical barbs
connected by wires from a high-voltage source is a firearm
under 18 U.S.C. Sec. 921(a)(3)(A).\11\ This ruling stemmed from
the device's ability to expel projectiles through explosive
action, falling withing the statutory definition of a
firearm.\12\ Further, under 26 U.S.C. Sec. 5845(e), the ATF
found the term ``any other weapon'' encompassed devices capable
of being concealed by an individual and discharged using
explosive energy, such as the Taser.\13\
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\11\U.S. Dep't of Justice, Bureau of Alcohol, Tobacco, Firearms,
and Explosives, Tasers as Firearms Firearms and Explosives (1976),
available at https://www.atf.gov/firearms/docs/ruling/1976-6-tasers-
firearms/download.
\12\Id.
\13\Id.
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When first invented, CEWs featured an open-circuit arcing
50,000-volt, seven-watt stun system that used gunpowder
propulsion to deploy its barbs.\14\ However, research found
inefficiencies with this system, which led to the introduction
of a 50,000-volt, 26-watt stored power system in 1999.\15\ This
updated system was propelled by compressed nitrogen rather than
gunpowder.\16\ Subsequent developments include CEWs powered by
proprietary batteries, and equipped with additional tools and
accessories such as fixed sights, lasers, LED flashlights, and
cameras.\17\
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\14\International Association of Chiefs of Police (IACP),
Electronic Control Weapons, Law Enforcement Policy Center (Sep. 2023),
available at https://www.theiacp.org/sites/
default/files/2023-09/Electronic%20Control%20Weapons%20-
%202023.09.pdf#page=.
\15\Id.
\16\Id.
\17\Id.
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Although some CEWs use compressed nitrogen to expel
projectiles, the latest iteration of a law enforcement CEW, the
Taser 10, uses gunpowder as an explosive propellant.\18\ The
Taser 10 was classified as a firearm under federal law because
it uses a small amount of gunpowder as an explosive propellant
to expel a projectile.\19\ Additionally, when the ATF issued a
classification letter on the Taser 10, the ATF found that it
``is a weapon designed, made, and intended to fire a projectile
from more than one rifled barrel,'' which is why the ATF
classified it as a ``handgun'' in accordance with federal law
and as a ``pistol'' under federal regulations.\20\
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\18\Letter from Daniel Hoffman, Chief, Firearms Technology Industry
Serves Branch, Bureau of Alcohol, Tobaccos, Firearms, and Explosives,
to Mark Barnes (Nov. 23, 2021) (on file with Committee).
\19\Cong. Research Serv., R48635, Law Enforcement Use of Less-than-
Lethal Weapons: Considerations for Congress (Jan. 23, 2025).
\20\Letter from Daniel Hoffman, Chief, Firearms Technology Industry
Serves Branch, Bureau of Alcohol, Tobaccos, Firearms, and Explosives,
to Mark Barnes (Nov. 23, 2021) (on file with Committee); 18 U.S.C.
Sec. 921(a)(29)(A); 27 CFR Sec. 478.11.
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State Laws Regulating CEWs
CEWs are widely legal for ownership and use by private
individuals across the United States, with only Rhode Island
prohibiting their purchase, possession, and use.\21\ While
thirty-three states and the District of Columbia permit
citizens to own and use tasers without a license or permit,
certain requirements are universally enforced, such as an age
restriction--typically set at eighteen years but lower in some
states, like Florida.\22\ Additionally, individuals with a
felony conviction are universally barred from owning or
purchasing a taser.\23\
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\21\World Population Review, https://worldpopulationreview.com/
state-rankings/taser-legality-by-state (last visited July 16, 2025).
\22\Id.
\23\Id.
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In the remaining sixteen states, ownership and use of
tasers is permitted, but various restrictions apply. For
example, Delaware, Kansas, Mississippi, North Carolina, and
Wisconsin all require some form of a permit, particularly for
concealed carry purposes.\24\ Additionally, several states
impose limitations on where tasers may be carried, with
prohibitions in places like schools, airports, courthouses, and
public transportation.\25\ Hawaii, Maryland, Massachusetts, and
Minnesota require background checks for the purchase of a taser
to prevent any illegal acquisition by individuals with felony
records.\26\
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\24\Id.
\25\Id.
\26\Id.
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The Law-Enforcement Innovate to De-Escalate Act
The Law-Enforcement Innovate to De-Escalate Act would
reclassify CEWs within federal firearms law, thereby
establishing a clear distinction between a ``less-than-lethal
projectile device'' and traditional firearms.\27\ This bill
would create a new definition for ``less-than-lethal projectile
devices,'' specifying criteria such as a maximum projectile
velocity of 500 feet per second and a low likelihood of causing
death or serious bodily injury.\28\
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\27\Press Release, Rep. Scott Fitzgerald, Fitzgerald Introduces
Legislation to Give Law-Enforcement Advanced Less-Lethal Technology
(Mar. 18, 2025), https://fitzgerald.house.gov/media/press-releases/Law-
Enforcement-Innovate-to-De-Escalate-Act-of-2025.
\28\Press Release, Nat. Fraternal Order of Police, (Feb. 27, 2024),
https://fop.net/letter/house-ways-and-means-h-r-3269-the-law-
enforcement-innovate-to-de-escalate-act/.
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Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the following hearings were used to develop H.R. 2189: ``The
Right to Self Defense'' a hearing held on March 4, 2025, before
Subcommittee on Crime and Federal Government Surveillance of
the Committee on the Judiciary. The Subcommittee heard
testimony from the following witnesses:
Doug Ritter, Founder and Chair of Knife
Rights, Inc. and Knife Rights Foundation;
Diana Muller, Founder of Women for Gun
Rights;
Dave McDermott, Founding Partner of
McDermott Law Group and USCCA Network Attorney; and
Gregory Jackson, Jr., Former Deputy
Director, White House Office of Gun Violence
Prevention.
The hearing examined the individual's right to self-defense,
protected by the Second Amendment, and examined the efficacy of
gun control policies and the related effect on public safety.
The subcommittee received testimony from Ms. Muller, a retired
law enforcement officer, about the stressful situations law
enforcement officers encounter.
Committee Consideration
On November 18, 2025, the Committee met in open session and
ordered the bill, H.R. 2189, favorably reported with an
amendment in the nature of a substitute, by a roll call vote of
18-8, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
following roll call votes occurred during the Committee's
consideration of H.R 2189:
1. Vote on favorably reporting H.R. 2189, as amended--
passed 18 ayes to 8 nays.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to the requirements of clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 2189 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 2189 would exempt certain conducted
electrical weapons from the definition of a firearm under
federal law by categorizing them as ``less-than-lethal
projectile devices.''
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 2189
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House rule XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Section. 1. Short Title: The ``Law Enforcement Innovate to
De-Escalate Act.''
Section. 2. Exemption of certain less-than-lethal
projectile devices from restrictions under Title 18, United
States Code: Amends 18 U.S.C. Sec. 921(a), by clearly defining
a ``less-than-lethal projectile device'' and excluding it from
the definition of a firearm. The legislation defines a ``less
than lethal projectile device'' is not designed to discharge
ammunition used in firearms or a projectile at a velocity
exceeding 500 feet per second, is designed or intended for use
in a manner that is unlikely to result in death or serious
bodily harm, and does not accept, and is not able to be readily
modified to accept, an ammunition feeding device.
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 (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 ``verified electronic notification'', with
respect to a communication to a chief law enforcement officer
required under section 922(c)(2), means a digital
communication--
(A) sent to the electronic communication address that
the chief law enforcement officer voluntarily
designates for the purpose of receiving those
communications; and
(B) that includes a method for verifying--
(i) the receipt of the communication; and
(ii) the electronic communication address to
which the communication is sent.
(39)(A) The term ``less-than-lethal projectile device'' means
a device that--
(i) is not designed or intended to expel and may not
be readily converted to accept and discharge--
(I) ammunition commonly used in handguns,
rifles, or shotguns; or
(II) any other projectile at a velocity
exceeding 500 feet per second;
(ii) is designed and intended to be used in a manner
that is not likely to cause death or serious bodily
injury; and
(iii) does not accept, and is not able to be readily
modified to accept, an ammunition feeding device--
(I) loaded through the inside of a pistol
grip; or
(II) commonly used in semiautomatic firearms.
(B) If a person requests that the Attorney General determine
whether a device satisfies the definition of ``less-than-lethal
projectile device'' under subparagraph (A), the Attorney
General shall make the determination not later than 90 days
after the date on which the Attorney General receives the
device pursuant to the request.
(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.
* * * * * * *
Dissenting Views
While I support efforts to ensure law enforcement has
access to less-than-lethal devices, unfortunately, I must
oppose this legislation that weakens federal firearms laws and
goes far beyond the needs of law enforcement. Rather than being
focused on the use of less-than-lethal devices by law
enforcement officers, this bill would create a dangerous
loophole in the Gun Control Act (GCA) by exempting so-called
``less-than-lethal'' devices from laws requiring firearms to be
traceable, detectable by security equipment, and not available
to prohibited purchasers like felons. This new loophole would
allow dangerous people to more easily access untraceable,
undetectable weapons without a background check.
This legislation does real damage by rewriting the
definition of ``firearm'' throughout the entire criminal code
to exclude certain, ``less-than-lethal'' weapons--which are
still highly dangerous--such as taser guns, which have been
identified as a contributing factor in more than 500 deaths in
the United States.\1\ Because the definition of what
constitutes a ``firearm'' is central to our federal firearm
legal architecture, altering that definition is a dangerous and
complicated endeavor--and will have consequences that perhaps
are not intended by the bill's proponents.
---------------------------------------------------------------------------
\1\John Seewer, Reese Dunklin & Taylor Stevens, In hundreds of
deadly police encounters, officers broke multiple safety guidelines,
NBC LA (May 14, 2024) https://www.nbclosangeles.com/news/national-
international/deadly-police-encounters-broke-safety-guidelines/
3411945/.
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This bill would establish a new category of weapons, so-
called ``less-than-lethal projectile devices,'' and exempts
these devices--which are currently classified as firearms--from
all regulation under federal firearms laws such as the GCA. And
these weapons, contrary to what the title of this bill might
invite us to believe, would be exempted from federal firearms
laws regardless of who uses, purchases, possesses or
manufactures them--creating an entirely new loophole in our
nation's gun safety laws.
For example, if enacted, this bill would allow persons who
are not legally allowed to possess firearms--like domestic
abusers and convicted felons--to legally purchase these
dangerous weapons that are still designed to incapacitate and
overpower their targets. The loophole created by this bill
would not only allow domestic abusers and convicted felons to
buy these weapons but would also allow them to buy them without
any background check at all.
It would exempt these weapons from the requirement that
they have a serial number and are traceable so that law
enforcement can identify their owners when they are used in
violent crimes. It would also exempt them from laws requiring
firearms to be detectable by metal detectors and the x-ray
machines used at airports.
If H.R. 2189 were to become law, nothing would stop a
convicted felon from purchasing a taser designed to avoid
detection and carrying that weapon past security, onto a plane,
into a school, or indeed into the Capitol. This bill would make
all of us less safe.
Supporters of the bill argue that it is needed to update
the Gun Control Act of 1968 to reflect modern technology and
ensure that law enforcement can use these less-lethal weapons.
But law enforcement agencies are already exempt from many
provisions of the GCA, and law enforcement officers have long
used so called ``less-than-lethal'' weapons in the line of
duty.
Supporters also argue that this change is needed because
the classification of these weapons as ``firearms'' in federal
law ``may result in the use of the weapon being considered
`deadly force,' even though the device is designed to be less-
than-lethal.''\2\ But federal courts have distinguished between
``deadly force'' and ``intermediate force'' in cases involving
law enforcement uses of less-than-lethal weapons.\3\ And states
are more than capable of modifying their laws to account for
these technologies if they believe that they should do so.
There is no indication that state or federal law is out of step
with the design and use of these weapons, much less that such a
mismatch has prevented law enforcement agencies from adopting
them.
---------------------------------------------------------------------------
\2\Letter from Rep. Greg Stanton to Dep't of Justice and Bureau of
Alcohol, Tobacco, Firearms and Explosives (Feb. 17, 2023) (on file with
Committee).
\3\See, e.g., Bryan v. MacPherson, 630 F.3d 805, 810 (9th Cir.
2010).
---------------------------------------------------------------------------
Organizations working to end gun violence--including
Giffords, Brady, Everytown for Gun Safety, and the Community
Justice Action Fund--all strongly oppose this legislation. But
it is my understanding that these groups have offered to work
with the proponents of H.R. 2189 to try to craft narrower
language to advance the legitimate stated purposes of the bill.
If the purpose of this legislation is really to help law
enforcement agencies access less-than-lethal weapons, then we
can work together to achieve that goal in a way that mitigates
the dangerous consequences of this bill as currently drafted.
The gun safety groups proposed alternative language focused
on the needs of law enforcement. This alternative language
would define so called ``less-than-lethal'' devices and exempt
those devices from being classified as a firearm under federal
law but only when they are used by a law enforcement officer
acting in their official capacity.
Although none of these gun violence prevention groups favor
changing the federal definition of a firearm, they are willing
to compromise to ensure that law enforcement officers are not
somehow prevented from using these devices, while also
mitigating the potentially dangerous consequences of the bill.
We should keep working on this in good faith. But, as it
stands, I do not believe we can risk creating a new dangerous
loophole in our firearms laws.
I oppose this legislation, and I urge my colleagues to do
the same.
Jamie Raskin,
Ranking Member.
[all]