PolicyBrief
S. 1283
119th CongressApr 3rd 2025
Innovate to De-Escalate Modernization Act
IN COMMITTEE

This bill exempts certain less-than-lethal projectile devices from being classified as firearms under federal law, provided they meet specific design and performance criteria.

Bill Hagerty
R

Bill Hagerty

Senator

TN

LEGISLATION

Less-Lethal Devices Get New Legal Status: Bill Redefines 'Firearm' to Exempt Projectile Launchers Under 500 FPS

This bill, the 'Innovate to De-Escalate Modernization Act,' tweaks federal law to carve out a special category for certain 'less-than-lethal projectile devices.' It officially adds them to the definition of 'firearms' under Title 18 of the U.S. Code, but then immediately exempts them from some (unspecified in this section) existing restrictions that apply to traditional guns. The core idea is to formally recognize these devices while potentially easing their regulation compared to standard firearms.

Guns, But Not Quite? Defining 'Less-Lethal'

So, what counts as 'less-than-lethal' according to this bill? Section 2 lays out specific criteria: these devices can't be designed to fire typical handgun, rifle, or shotgun ammo, and their projectiles must travel slower than 500 feet per second. Crucially, they must be designed not to cause death or serious injury and cannot accept magazines loaded through the pistol grip or those commonly used in semi-automatic firearms. If a manufacturer wants their device recognized under this definition, they need to ask the Attorney General, who then has 90 days to decide if it fits the bill. The reliance on 'design intent' and a speed threshold raises practical questions – how is intent verified, and is 500 fps always below the threshold for causing serious harm depending on the projectile?

Sidestepping Some Rules: What the Exemption Means

The big move here is the exemption. By classifying these devices as firearms but exempting them from certain Title 18 restrictions, the bill creates a distinct regulatory path. While the exact restrictions being lifted aren't detailed in this part of the text, the implication is less stringent federal oversight compared to traditional firearms. This could mean differences in manufacturing, sales, or possession rules down the line. For someone looking for a self-defense option, this might seem appealing, but it also potentially lowers the bar for acquiring projectile devices that still carry risks.

On the Street: De-Escalation Tool or New Danger?

The stated goal often behind such technology is providing law enforcement with more options to de-escalate situations without resorting to deadly force. This bill could formally smooth the path for agencies to adopt these devices. However, the 'less-lethal' label itself can be tricky. We've seen instances where such tools do cause serious injury or death, especially depending on how and where they're used. This raises concerns, particularly for communities already wary of police use of force. Exempting these devices from certain firearm regulations could also inadvertently make potentially harmful projectile devices more accessible, posing risks if they fall into the wrong hands or are misused, including in domestic violence situations. The effectiveness of the Attorney General's 90-day review process in ensuring these devices truly align with the 'less-than-lethal' intent will be key.