[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.
---------------------------------------------------------------------------
    \1\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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/.
---------------------------------------------------------------------------

            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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                       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\
---------------------------------------------------------------------------
    \21\World Population Review, https://worldpopulationreview.com/
state-rankings/taser-legality-by-state (last visited July 16, 2025).
    \22\Id.
    \23\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \24\Id.
    \25\Id.
    \26\Id.
---------------------------------------------------------------------------

            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\
---------------------------------------------------------------------------
    \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/.
---------------------------------------------------------------------------

                                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/.
---------------------------------------------------------------------------
    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]