Alter the designations of less-than-lethal projectile devices?
This bill amends the Gun Control Act of 1968 to exclude less-than-lethal weapons from its definition of "firearm." Instead, the law defines “less-than-lethal projectile device” as a device not designed to discharge ammunition or any other projectile at a velocity exceeding 500 feet per second, is not designed or intended to cause death or serious bodily harm, and does not accept an ammunition feeding device. Sponsor: Rep. Scott Fitzgerald (Republican, Wisconsin, District 5)
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Opponents say
• "The bill would weaken federal firearms laws by redefining key terms under the Gun Control Act (GCA). This would create broad exemptions for so-called “less-than-lethal” devices that are currently classified as firearms under the law — resulting in legal loopholes that the gun industry will exploit to produce and sell untraceable, unregulated, and easily modifiable weapons like ghost guns, armed drones, and other explosive-powered weapons to the public, including individuals convicted of serious violent crimes who cannot pass a Brady background check." Source: Brady United
Proponents say
• "Law enforcement depends on effective less-than-lethal tools to respond safely in unpredictable situations. As technology advances, our laws need to keep pace so departments can access equipment that helps protect officers and the public. The Law-Enforcement Innovate to De-Escalate Act makes that possible, and I’m proud to see it moving forward." Source: Rep. Scott Fitzgerald (Republican, Wisconsin, District 5)
• "When Congress implemented the Gun Control Act of 1968 (GCA), CEWs had not even been invented, so they couldn’t be taken into account when the firearm definition was formulated. It was never Congress’ intention for CEWs to be classified as firearms. Classifying CEWs as firearms overlooks their intended use of resolving high-risk encounters without deadly force and makes it harder for law enforcement to procure these critical de-escalation devices. Also, as the use of any firearm is considered deadly force by most states, it can result in the mischaracterization of police actions. We should not be hindering the procurement of effective “less-than-lethal” tools with outdated and burdensome regulations never meant for them." Source: Rep. Steve Scalise (Republican, Louisiana, District 1), Majority Leader of the U.S. House of Representatives
- Rep. Fitzgerald's NDO Fairness Act and Law-Enforcement Innovate to De-Escalate Act Pass House Judiciary Committee (Press Release)
- Cost Estimate (Congressional Budget Office)
- House Democrats launch investigation into DHS use of ‘less lethal’ weapons after string of injuries (The Hill)
- Federal judge bars LAPD use of some 'less-lethal' weapons at protests (Los Angeles Times)
- Rep. Scott Fitzgerald’s Largest Donors (OpenSecrets)
