HR2189-119

What This Bill Does

The Law-Enforcement Innovate to De-Escalate Act creates federal legal carveouts for less-than-lethal projectile devices. It amends title 18's firearm definition so less-than-lethal projectile devices are excluded from certain firearm restrictions. A qualifying device must not be designed or readily convertible to discharge common handgun, rifle, or shotgun ammunition or other projectiles above 500 feet per second; must be designed and intended for use in a way not likely to cause death or serious bodily injury; and must not accept common semiautomatic firearm ammunition feeding devices or magazine loading through the inside of a pistol grip. The Attorney General must decide manufacturer or requester classification requests within 90 days after receiving a device. A tax title separately exempts qualifying devices, listed higher-velocity non-lethal devices, and compatible shells or cartridges from the Internal Revenue Code section 4181 firearms and ammunition excise tax. Treasury must decide manufacturer, producer, or importer classification requests within 90 days, publish and annually update lists of qualifying and certain non-lethal devices, and report annually to House Ways and Means and Senate Finance. The bill also excludes these devices from the National Firearms Act firearm definition.

Who Benefits and How

Law enforcement agencies benefit from easier acquisition and use of less-than-lethal projectile devices for de-escalation and force alternatives. Less-than-lethal device manufacturers benefit from federal classification pathways, tax exemptions, and reduced firearm-law treatment. Importers and producers of qualifying devices benefit from the 90-day Treasury determination process and published eligibility lists. Public-safety training programs benefit if agencies can deploy more de-escalation tools. Local governments purchasing less-than-lethal devices benefit from reduced tax costs on qualifying devices and compatible cartridges.

Who Bears the Burden and How

The Attorney General must review device classification requests under the title 18 definition within 90 days. Treasury and IRS officials must administer excise-tax exemptions, review device requests, publish annual lists, and report to Congress. ATF and firearms regulators must apply revised firearm and National Firearms Act definitions. Firearms tax revenue may decline for qualifying devices and cartridges. Civil-rights and police-accountability advocates may scrutinize expanded use of less-than-lethal projectile devices, especially devices close to the 500-feet-per-second threshold.

Key Provisions

• Excludes defined less-than-lethal projectile devices from specified title 18 firearm restrictions.
• Requires Attorney General classification decisions within 90 days after receiving a device.
• Defines qualifying devices by ammunition compatibility, projectile velocity, intended nonlethal use, and magazine limits.
• Exempts qualifying devices, listed higher-velocity non-lethal devices, and compatible shells or cartridges from the firearms and ammunition excise tax.
• Requires Treasury classification decisions within 90 days for manufacturer, producer, or importer requests.
• Requires Treasury to publish and annually update lists of qualifying devices and certain higher-velocity non-lethal devices.
• Requires annual reports to House Ways and Means and Senate Finance on listed devices.
• Excludes qualifying less-than-lethal projectile devices from the National Firearms Act firearm definition.