PolicyBrief
H.R. 2189
119th CongressMar 18th 2025
Law-Enforcement Innovate to De-Escalate Act of 2025
IN COMMITTEE

This bill exempts less-than-lethal projectile devices from certain federal restrictions, provided they meet specific criteria ensuring they are unlikely to cause death or serious injury and are approved by the Attorney General.

Scott Fitzgerald
R

Scott Fitzgerald

Representative

WI-5

LEGISLATION

Bill Proposes Exempting Certain 'Less-Than-Lethal' Projectile Devices from Federal Firearm Rules

This bill, the 'Law-Enforcement Innovate to De-Escalate Act of 2025,' proposes a change to federal law concerning specific types of projectile devices used by law enforcement. Section 2 aims to exempt what it defines as 'less-than-lethal projectile devices' from certain restrictions currently applied to firearms under Title 18 of the United States Code. The core idea is to treat these specific tools differently than traditional guns under federal regulations.

What Counts as 'Less-Than-Lethal'?

The bill lays out specific criteria for a device to qualify for this exemption. According to Section 2, a 'less-than-lethal projectile device' must meet several conditions:

  • It cannot fire standard handgun, rifle, or shotgun ammunition.
  • Any projectile it fires must travel slower than 500 feet per second.
  • It must be 'designed for use in a way that is not likely to cause death or serious bodily injury.'
  • It cannot use magazines loaded through a pistol grip or those commonly used in semiautomatic firearms, nor be easily modified to do so.

If a manufacturer wants their device considered for this exemption, they'd need to request a determination from the Attorney General, who, according to the bill, must decide within 90 days if the device fits this definition.

The Practical Shift: Easier Access, Lingering Questions

By carving out this exemption in Section 921(a) of Title 18, the bill could potentially streamline the process for law enforcement agencies to acquire these specific types of projectile launchers, as they wouldn't be subject to the same federal regulations as conventional firearms. The intent appears to be providing tools aimed at de-escalation.

However, the definition itself raises practical questions. The phrase 'designed for use in a way that is not likely to cause death or serious bodily injury' is inherently subjective. While the velocity and ammunition type criteria are technical, how 'likely' something is to cause serious injury can depend heavily on how and where it's used, not just its design. This ambiguity means the real-world impact – whether these devices truly remain 'less-than-lethal' in practice – could vary, potentially affecting communities interacting with law enforcement equipped with these newly classified tools.