To modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes.

Bill Number: H.R. 2189
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Crime and Law Enforcement
Status: Passed House
Latest Action: 2026-02-24: Received in the Senate.
Last Updated: 2026-07-10T18:53:40Z

AI-Generated Summary

Purpose

This legislation, H.R. 2189, aims to update federal firearms laws to reflect technological advancements, particularly by exempting certain less-than-lethal weapons (devices designed to incapacitate without causing death or serious injury) from existing restrictions, taxes, and regulations. The goal is to promote innovation in law enforcement tools that support de-escalation tactics.

Key Provisions

Title I: Law-Enforcement Innovate to De-Escalate Act
Defines a "less-than-lethal projectile device" as a tool that:
Cannot expel or be easily modified to fire standard handgun, rifle, or shotgun ammunition, or projectiles faster than 500 feet per second.
Is intended for use in ways unlikely to cause death or serious bodily injury.
Cannot accept or be modified to use certain high-capacity ammunition feeding systems (e.g., those loaded through a pistol grip or common in semiautomatic firearms).
Exempts these devices from federal firearms restrictions under Title 18 of the U.S. Code (which generally regulates firearms and their components).
Requires the Attorney General to determine if a submitted device qualifies as less-than-lethal within 90 days of receipt.

Title II: Innovate Less Lethal to De-Escalate Tax Modernization Act
Exempts qualifying less-than-lethal projectile devices, related components, and compatible ammunition from the federal excise tax on firearms and ammunition (under Section 4181 of the Internal Revenue Code).
Uses a similar definition of less-than-lethal devices as in Title I.
Allows manufacturers, producers, or importers to request classification from the Secretary of the Treasury within 90 days.
Mandates annual public lists by the Treasury Secretary:
One for approved less-than-lethal devices.
Another for devices that meet most criteria but exceed the 500 feet-per-second velocity limit.
Requires an annual report to Congress on the second list, including details on reviewed devices and inclusion/exclusion reasons.
Exempts these devices from the National Firearms Act (NFA), which imposes registration, taxes, and controls on certain weapons like machine guns.
Applies to sales after enactment; classification requests received within 180 days of enactment are processed by the end of that period.

Significant Changes to Existing Law

Adds exemptions to the definition of "firearm" in 18 U.S.C. § 921(a), previously focused on lethal weapons, now including less-than-lethal options.
Inserts a new subsection in Internal Revenue Code § 4182 to waive taxes on these devices, which were previously treated like standard firearms.
Amends NFA provisions in Internal Revenue Code § 5845(a) to exclude less-than-lethal devices from regulation, alongside antiques, reducing administrative burdens like registration and transfer taxes.
Introduces formal processes for device classification and annual reviews, which did not exist before, to adapt to emerging technologies.

Potential Impacts

Government Agencies: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Treasury Department will handle more classification requests and annual reporting, potentially increasing workload but streamlining oversight for non-lethal tools. Law enforcement agencies may adopt these devices more readily for de-escalation, reducing reliance on lethal force.
Citizens: Improves access to less-than-lethal options for self-defense or civilian use without federal taxes or restrictions, potentially lowering costs (e.g., no 10-11% excise tax on sales). However, it does not affect state or local laws.
International Relations: Minimal direct impact, though it could influence U.S. exports of less-lethal technology by easing domestic production and sales regulations.

Main Stakeholders Affected

Law Enforcement and Security Personnel: Primary beneficiaries, gaining affordable, unregulated tools for non-lethal interventions.
Manufacturers, Producers, and Importers: Benefit from tax exemptions and simplified classifications, encouraging innovation in less-lethal tech.
Citizens and Consumers: Affected through easier availability of these devices for personal or professional use.
Government Entities: ATF (under Justice Department) for classifications and enforcement; Treasury Department for tax exemptions and reporting; Congress for oversight via annual reports.

Notable Legal, Constitutional, or Political Implications

Legal: Establishes clear criteria for less-than-lethal devices, reducing ambiguity in federal law and potential for inconsistent enforcement. The 90-day classification timelines promote due process for manufacturers. No broad changes to Second Amendment rights, as it focuses on non-lethal tools rather than restricting firearms.
Constitutional: Aligns with promoting public safety and innovation without infringing on existing gun rights; could face challenges if devices are later deemed convertible to lethal use, testing the definition's robustness.
Political: Supports de-escalation in policing amid debates on use-of-force reforms, potentially bridging divides between pro-gun and public safety advocates. Annual congressional reports ensure ongoing accountability, but critics might argue it loosens gun regulations too broadly.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Fitzgerald, Scott [R-WI-5]

Cosponsors (95)

Rep. Correa, J. Luis [D-CA-46], Rep. Stauber, Pete [R-MN-8], Rep. Crockett, Jasmine [D-TX-30], Rep. Nehls, Troy E. [R-TX-22], Rep. Veasey, Marc A. [D-TX-33], Rep. Davis, Donald G. [D-NC-1], Rep. Cline, Ben [R-VA-6], Rep. Biggs, Andy [R-AZ-5], Rep. Rutherford, John H. [R-FL-5], Rep. Perez, Marie Gluesenkamp [D-WA-3], Rep. Boebert, Lauren [R-CO-4], Rep. Hunt, Wesley [R-TX-38], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Guest, Michael [R-MS-3], Rep. Moore, Barry [R-AL-1], Rep. LaLota, Nick [R-NY-1], Rep. Schweikert, David [R-AZ-1], Rep. Carey, Mike [R-OH-15], Rep. Grothman, Glenn [R-WI-6], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Baumgartner, Michael [R-WA-5], Rep. Harrigan, Pat [R-NC-10], Rep. Johnson, Julie [D-TX-32], Rep. Gill, Brandon [R-TX-26], Rep. Fry, Russell [R-SC-7], Rep. Onder, Robert F. [R-MO-3], Rep. Evans, Gabe [R-CO-8], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Ezell, Mike [R-MS-4], Rep. Higgins, Clay [R-LA-3], Rep. Crane, Elijah [R-AZ-2], Rep. Fallon, Pat [R-TX-4], Rep. LaMalfa, Doug [R-CA-1], Rep. Edwards, Chuck [R-NC-11], Rep. Zinke, Ryan K. [R-MT-1], Rep. Lee, Laurel M. [R-FL-15], Rep. Issa, Darrell [R-CA-48], Rep. Cuellar, Henry [D-TX-28], Rep. Hinson, Ashley [R-IA-2], Rep. Maloy, Celeste [R-UT-2], Rep. Yakym, Rudy [R-IN-2], Rep. Burlison, Eric [R-MO-7], Rep. Hamadeh, Abraham J. [R-AZ-8], Rep. Finstad, Brad [R-MN-1], Rep. Burchett, Tim [R-TN-2], Rep. Tenney, Claudia [R-NY-24], Rep. Vasquez, Gabe [D-NM-2], Rep. Mann, Tracey [R-KS-1], Rep. Boyle, Brendan F. [D-PA-2] and 45 more

Recent Actions

2026-02-24: Received in the Senate.
2026-02-12: Motion to reconsider laid on the table Agreed to without objection.
2026-02-12: On passage Passed by the Yeas and Nays: 233 - 185 (Roll no. 70). (text of amendment in the nature of a substitute: CR H2190-2191) (Roll call 70)
2026-02-12: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 185 (Roll no. 70). (text of amendment in the nature of a substitute: CR H2190-2191) (Roll call 70)
2026-02-12: The previous question was ordered pursuant to the rule.
2026-02-12: DEBATE - The House proceeded with one hour of debate on H.R. 2189.
2026-02-12: Rule provides for consideration of S. 1383, H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of S. 1383, H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one motion to recommit H.R. 2189, H.R. 261, and H.R. 3617, and one motion to commit S. 1383.
2026-02-12: Considered under the provisions of rule H. Res. 1057. (consideration: CR H2190-2204)
2026-02-11: Rules Committee Resolution H. Res. 1057 Reported to House. Rule provides for consideration of S. 1383, H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of S. 1383, H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one motion to recommit H.R. 2189, H.R. 261, and H.R. 3617, and one motion to commit S. 1383.
2026-02-09: Rules Committee Resolution H. Res. 1042 Reported to House. Rule provides for consideration of H.R. 2189, H.R. 261 and H.R. 3617. The resolution provides for consideration of H.R. 2189, H.R. 261, and H.R. 3617 under a closed rule and provides for one hour of debate and one motion to recommit on each bill.
2026-01-30: Placed on the Union Calendar, Calendar No. 403.
2026-01-30: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-472.
2026-01-30: Reported (Amended) by the Committee on Judiciary. H. Rept. 119-472.
2025-11-20: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 8.
2025-11-20: Committee Consideration and Mark-up Session Held

Bill Versions

Law-Enforcement Innovate to De-Escalate Act — issued 2026-02-12 — PDF (10 pages)
Law-Enforcement Innovate to De-Escalate Act of 2025 — issued 2025-03-18 — PDF (3 pages)
Law-Enforcement Innovate to De-Escalate Act — issued 2026-01-30 — PDF (6 pages)