H.R. 2189 — Law-Enforcement Innovate to De-Escalate Act

This section exempts less-than-lethal projectile devices from the definition of "firearm" under title 18, United States Code. The section defines a less-than-lethal projectile device as one that (1) is not designed or intended to expel, and may not be readily converted to accept and discharge, ammunition commonly used in handguns, rifles, or shotguns or any other projectile at a velocity exceeding 500 feet per second; (2) is designed and intended to be used in a manner not likely to cause death or serious bodily injury; and (3) does not accept, and is not able to be readily modified to accept, an ammunition feeding device loaded through the inside of a pistol grip or commonly used in semiautomatic firearms. The section further directs the Attorney General to determine, within 90 days, whether a submitted device meets this definition upon request. (Thus, qualifying devices are not subject to federal firearms restrictions.)

This section establishes an exemption from the excise tax on firearms and ammunition (under IRC §4181) for sales after enactment by the manufacturer, producer, or importer of (1) less-than-lethal projectile devices, (2) devices on a list published by the Secretary of the Treasury under new IRC §4182(d)(4)(B), and (3) shells or cartridges designed for use in such devices that meet specified requirements. A less-than-lethal projectile device is defined as one not designed or readily convertible to expel common handgun, rifle, or shotgun ammunition or projectiles exceeding 500 feet per second, intended for use not likely to cause death or serious bodily injury, and incompatible with pistol-grip or semiautomatic firearm feeding devices. The Secretary must determine device classifications within 90 days of manufacturer requests (with requests in the first 180 days after enactment treated as received at the end of that period) and annually publish lists of qualifying devices and certain non-qualifying devices (i.e., those that would qualify absent the velocity limit), including a report to Congress on the latter list.

This section exempts less-than-lethal projectile devices (as defined in new IRC §4182(d)(2)) and devices specified in IRC §4182(d)(1)(B) from the definition of "firearm" under the National Firearms Act (NFA). (Thus, these devices are not subject to NFA requirements for registration, transfer taxes, and restrictions; the provision also revises the exemption for antique firearms from "an antique firearm or" to "any antique firearm.")