Less Than Lethal Act
- Bill Number
- S. 3514
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Taxation
- Status
- Introduced
- Latest Action
- 2025-12-16: Read twice and referred to the Committee on Finance. (text: CR S8782)
- Last Updated
- 2026-03-26T11:03:17Z
AI-Generated Summary
Purpose
The "Less Than Lethal Act" (S. 3514) aims to update the National Firearms Act (NFA), a longstanding U.S. law that regulates certain firearms and devices through taxes and registration, to reflect modern technological advancements. Specifically, it seeks to exempt less-than-lethal projectile devices—such as non-lethal tools used for crowd control or self-defense—from federal taxes and NFA restrictions, making them easier to produce, import, and use without treating them like traditional lethal firearms.
Key Provisions
- Tax Exemption for Less-Than-Lethal Devices: Amends Section 4182 of the Internal Revenue Code to exempt certain devices from the federal excise tax on firearms and ammunition (under Section 4181). This includes:
- Less-than-lethal projectile devices, defined as tools that:
- Are not designed or easily convertible to fire common handgun, rifle, or shotgun ammunition.
- Cannot expel projectiles at speeds over 500 feet per second (a measure of velocity to ensure low lethality).
- Are intended to avoid causing death or serious injury.
- Cannot accept or be easily modified for certain ammunition-feeding mechanisms common in semi-automatic firearms (e.g., those loaded through a pistol grip).
- Devices approved by the Treasury Secretary and listed publicly.
- Shells or cartridges designed specifically for these exempt devices.
- Classification and Review Process:
- Manufacturers, producers, or importers can request a determination from the Treasury Secretary within 90 days on whether a device qualifies as less-than-lethal.
- The Secretary must annually update and publish a public list of qualifying devices, as well as a separate list of non-qualifying devices that exceed the velocity limit but meet other criteria.
- An annual report to Congress (House Ways and Means Committee and Senate Finance Committee) detailing the lists, considered devices, and inclusion/exclusion reasons.
- Exemption from National Firearms Act Regulations: Amends Section 5845(a) of the Internal Revenue Code to exclude qualifying less-than-lethal devices from the NFA's definition of "firearms." This removes requirements like registration, background checks, and transfer taxes for these items (similar to how antique firearms are already exempt).
- Effective Date: Applies to devices sold by manufacturers, producers, or importers after the bill's enactment.
Significant Changes to Existing Law
- From Tax Code (Section 4182): Introduces a new subsection (d) creating the first specific exemptions for less-than-lethal technology, which previously fell under general firearms/ammunition taxation. This shifts from a one-size-fits-all approach to one that distinguishes based on intent, design, and velocity.
- From NFA Definitions (Section 5845(a)): Expands exemptions beyond antiques to include modern less-than-lethal devices and Secretary-approved items. Previously, many non-lethal tools (e.g., rubber bullet launchers) could be regulated as firearms if they resembled destructive devices, leading to potential over-regulation.
- Overall, the bill modernizes the 1934 NFA, which was designed for lethal weapons, by incorporating technology-neutral criteria like velocity limits and design intent, without altering core NFA rules for lethal firearms.
Potential Impacts
- On Government Agencies: The Treasury Department (via the Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF) will face increased administrative duties for classifications, list updates, and congressional reporting, potentially requiring new resources for reviews. This could streamline enforcement by focusing NFA oversight on lethal threats.
- On Citizens and Businesses: Lowers costs for producing and purchasing less-than-lethal devices (e.g., no 10-200% excise taxes or $200 transfer fees), promoting wider access for self-defense, law enforcement, or recreational use. Manufacturers may see reduced barriers to innovation in non-lethal tech like tasers or paintball guns.
- On International Relations: Minimal direct impact, but could influence U.S. exports of less-than-lethal technology by easing domestic regulations, potentially aiding diplomatic efforts in non-lethal policing tools for allies.
- Broader societal effects might include safer alternatives to lethal force in civilian or police contexts, though it does not address state-level regulations.
Main Stakeholders Affected
- Manufacturers, Producers, and Importers: Benefit most from tax and regulatory exemptions, enabling faster market entry for new devices.
- Law Enforcement and Security Agencies: Gain easier access to affordable non-lethal options for training or operations, potentially reducing reliance on firearms.
- Citizens and Consumers: Everyday users (e.g., for home defense) could see lower prices and fewer federal hurdles, though background checks may still apply under other laws.
- Government Officials: Treasury Secretary and ATF for implementation; congressional finance committees for oversight.
- Gun Rights and Safety Advocates: Pro-2nd Amendment groups may support reduced regulation on non-lethal tools; safety organizations could welcome incentives for less harmful alternatives.
Notable Legal, Constitutional, or Political Implications
- Legal: Clarifies ambiguous NFA application to emerging tech, reducing litigation over whether devices like airsoft guns or beanbag launchers qualify as "firearms." The 90-day classification timeline provides procedural fairness, but annual lists could invite challenges if exclusions seem arbitrary (e.g., under Administrative Procedure Act standards for rulemaking).
- Constitutional: Aligns with Second Amendment interpretations by exempting non-lethal devices, avoiding burdens on self-defense rights without expanding lethal firearm access. No direct First Amendment issues, though public lists enhance transparency.
- Political: As a bipartisan modernization effort (introduced by Sen. Barrasso, R-WY), it could appeal across aisles by promoting innovation without weakening gun controls. However, critics might argue it indirectly eases paths to modifying devices into lethal ones, sparking debates on NFA scope in a divided Congress. Referred to the Senate Finance Committee, passage would require balancing fiscal (tax revenue loss) and public safety priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (5)
Sen. Lummis, Cynthia M. [R-WY], Sen. Justice, James C. [R-WV], Sen. Cassidy, Bill [R-LA], Sen. Capito, Shelley Moore [R-WV], Sen. Cotton, Tom [R-AR]
Recent Actions
- 2025-12-16: Read twice and referred to the Committee on Finance. (text: CR S8782)
- 2025-12-16: Introduced in Senate
Bill Versions
- Less Than Lethal Act — issued 2025-12-16 — PDF (5 pages)