Less-Than-Lethal Device Legislation Passes Out Of House Committee

Less-Than-Lethal Device Legislation Passes Out Of House Committee

By Matthew Holloway |

A new law, H.R. 3269, the Law Enforcement Innovate to De-Escalate Act, has passed the House Committee on Ways & Means and will move to the full floor of the U.S. House of Representatives. The proposed legislation would reform federal firearms laws to “account for advancements in de-escalation and less-than-lethal instruments, ensuring the continued innovation of lifesaving devices,” according to a press release from Congressman David Schweikert (R-AZ).

Under the existing laws, less-than-lethal weapons such as the TASER are legally considered “firearms” under federal regulation and the Firearms and Ammunition Excise Tax (FAET). Title 18 of the U.S. Code applies the Firearms and Ammunition Excise Tax, and the National Firearms Act also imposes an additional excise tax on “sales by the manufacturer, producer, or importer of certain firearms and ammunition,” potentially stifling adoption of the less-than-lethal devices by agencies and the public alike.

In the press release, Schweikert said, “Imagine a society where law enforcement is able to effectively protect our communities, without any lives being lost. Aligning the tax code to meet the needs of our law enforcement officers and communities offers Congress the opportunity to reduce the chance of the use of deadly force and the unnecessary loss of life. Our ability to keep pushing forward to a world where such technology is available and robust has inspired this moral fix in hopes to solve part of the bigger societal issue, and I promise to continue advocating for this bill until it is signed into law.”

The new bill would define a “less-than-lethal projectile device” as a “device with a bore or multiple bores, that—‘‘(A) is not designed or intended to expel a projectile at a velocity exceeding 500 feet per second by any means; and  (B) is designed or intended to be used in a manner that is not likely to cause death or serious bodily injury.’’

Committee Chairman Jason Smith (R-MO) observed, “We need many different tools to keep the peace and protect our communities. Unfortunately, inconsistencies in our laws and tax code have resulted in critical and innovative less-than-lethal devices such as tasers being taxed as firearms, making it costly and difficult to meet safety needs. The Law Enforcement Innovate to De-Escalate Act, sponsored by Reps. Schweikert and Stanton, will harmonize our tax code to ensure less-than-lethal technology is readily available and that our communities can keep pace with future innovations.”

In a post to X in April, The International Union Of Police Associations endorsed the bill writing, “The I.U.P.A. vigorously advocates for law enforcement professionals on a national level by supporting legislation that serves their interests. One recent example is H.R. 3269, the ‘Law Enforcement Innovate to De-Escalate Act’.”

The bill was introduced by Rep. Greg Stanton (D-AZ) and co-sponsored by Congressmen Andy Biggs (R-AZ), David Schweikert (R-AZ), Debbie Lesko (R-AZ), Eli Crane (R-AZ), Juan Ciscomani (R-AZ), and Ruben Gallego (D-AZ) along with forty-three other Republicans and seventeen Democrats making it a truly bipartisan piece of legislation.

Correction: A previous version of this story incorrectly referrred to Rep. Greg Stanton as a Republican. Rep. Greg Stanton is a Democrat. The story has been corrected.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.