In the 119th Congress (2025–2026), H.R. 2189, titled the Law-Enforcement Innovate to De-Escalate Act, is a bipartisan bill designed to modernize federal firearms laws by reclassifying certain non-lethal tools used by police.

The bill, introduced by Rep. Scott Fitzgerald (R-WI), aims to remove administrative and regulatory hurdles that currently treat advanced de-escalation tools—like the newest TASER models—the same way as traditional handguns and rifles.

The Core Issue: The "Explosive" Definition

Under the Gun Control Act of 1968 (GCA), a "firearm" is defined as any weapon that expels a projectile by the action of an explosive.

Modern de-escalation technology, such as the TASER 10, uses a small explosive primer to launch its probes rather than a compressed gas cylinder. Because of this engineering shift, the ATF is currently required to classify these non-lethal tools as "firearms." This results in:

  • Tax Burdens: Agencies often have to pay the same excise taxes as they would for lethal weapons.

  • Transfer Restrictions: Increased paperwork and shipping hurdles for law enforcement and medical facilities.

  • Administrative Delays: Stricter storage and tracking requirements that don't fit the tool's intended use.

The Solution: A New Legal Category

H.R. 2189 amends 18 U.S.C. § 921(a) to create a specific exemption for "less-than-lethal projectile devices." By definition, these devices would no longer be regulated as firearms if they meet five specific criteria:

CriteriaRequirementVelocityMust not exceed a projectile speed of 500 feet per second.AmmunitionCannot be designed to fire standard handgun, rifle, or shotgun ammo.IntentMust be designed specifically to incapacitate without causing death or serious injury.ModificationMust not be "readily convertible" into a lethal firearm.Feeding DeviceCannot accept standard magazines or ammunition feeding devices.

Current Status (as of February 2026)

The bill has gained significant momentum and support from organizations like the Fraternal Order of Police (FOP).

  • January 30, 2026: Formally reported by the House Judiciary Committee (H. Rept. 119-472).

  • Current State: It has been placed on the Union Calendar, meaning it is cleared for a full vote on the House floor.

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