NW Valley Times

The House Committee on Ways & Means has passed H.R. 3269, the Law Enforcement Innovate to De-Escalate Act, aimed at modernizing federal firearms laws to incorporate advancements in de-escalation and less-than-lethal instruments. The current law categorizes less-than-lethal devices, such as Tasers, as “firearms” under federal regulations, subjecting them to the Firearms and Ammunition Excise Tax (FAET).

H.R. 3269 seeks to amend section 921 of Title 18 of the United States Code so that less-than-lethal projectile devices and future technological advancements in this sector are not classified as firearms under the Gun Control Act of 1968 or the National Firearms Act of 1934. Additionally, the bill mandates that the Treasury Department submit an annual report on new and emerging technologies within this sector to ensure lifesaving devices do not face bureaucratic hurdles.

“Imagine a society where law enforcement is able to effectively protect our communities, without any lives being lost,” said Rep. David Schweikert [AZ-01]. “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 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.”

“We need many different tools to keep the peace and protect our communities,” said Committee Chairman Jason Smith [MO-08]. “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.”

Currently, Title 18 of the U.S. Code imposes an excise tax on sales by manufacturers, producers, or importers of certain firearms and ammunition but exempts machine guns and short-barreled firearms from this tax.

A "less-than-lethal projectile device" is defined as a device with a bore or multiple bores not designed or intended to expel a projectile at a velocity exceeding 500 feet per second by any means. It is also designed or intended for use in a manner unlikely to cause death or serious bodily injury.