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
Senator
TN
The Innovate to De-Escalate Modernization Act amends Title 18 of the U.S. Code to include less-than-lethal projectile devices in the definition of firearms, while providing specific criteria for what qualifies as a less-than-lethal device. It requires the Attorney General to determine if a device meets the criteria to be considered less-than-lethal within 90 days of a request.
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.
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?
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.
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.