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Law Enforcement Innovate to De-Escalate Act

H.R. 3269 · 118th Congress · May 11, 2023 · Lineage

A BILL

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

Section 1 Short title

This Act may be cited as the “Law Enforcement Innovate to De-Escalate Act” .

Sec. 2 Exemption of certain less-than-lethal projectile devices from restrictions under title 18, United States Code

(a)
In general— Section 921(a) of title 18, United States Code, is amended—
(1)
in the 2nd sentence of paragraph (3), by inserting “or a less-than-lethal projectile device” before the period; and
(2)
by adding at the end the following:

“(38) The term less-than-lethal projectile device means a device with a bore or multiple bores, that—

“(A) is not designed or intended to expel a projectile at a velocity exceeding 500 feet per second by any means; and

“(B) is designed or intended to be used in a manner that is not likely to cause death or serious bodily injury.”

Sec. 3 Exemption of certain less-than-lethal projectile devices from firearms and ammunition tax

(a)
In general— Section 4182 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:

“(d) Less-than-lethal projectile devices

“(1) In general—The tax imposed by section 4181 shall not apply to—

“(A) any less-than-lethal projectile device,

“(B) any device contained on the most recent list made available by the Secretary under paragraph (3)(B), and

“(C) any shell or cartridge that meets the requirement of paragraph (2)(B) and is designed for use in a device referred to in subparagraph (A) or (B).

“(2) Less-than-lethal projectile device—The term “less-than-lethal projectile device” means a device with a bore or multiple bores, that—

“(A) is not designed or intended to expel a projectile at a velocity exceeding 500 feet per second by any means, and

“(B) is designed or intended to be used in a manner that is not likely to cause death or serious bodily injury.

“(3) Annual review of new and emerging technologies

“(A) List of less-than-lethal projectile devices—The Secretary shall make publicly available a list of devices that the Secretary has determined are described in paragraph (2) and shall update such list annually to take into account new devices.

“(B) List of non-lethal devices the projectiles of which exceed 500 feet per second

“(i) In general—The Secretary shall make publicly available a list of devices that the Secretary has determined are not described in paragraph (2) but would be so described if such paragraph were applied without regard to subparagraph (A) thereof, and shall update such list annually to take into account new devices.

“(ii) Report to Congress—The Secretary shall annually submit a written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the annual list of devices described in clause (i), including a copy of such list, a description of the devices that were considered for inclusion on such list, and the reasons for including or excluding such devices from such list.”

(b)
Effective date— The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer after the date of the enactment of this Act.

Sec. 4 Exemption of certain less-than-lethal projectile devices from National Firearms Act

Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “an antique firearm or” and inserting “any antique firearm, any less-than-lethal projectile device (as defined in section 4182(d)(2)), any device referred to in section 4182(d)(1)(B), or”.