Why We Care About the New Taser Bill in Congress

Sounds good, right? Who wouldn’t want to decrease the risk of lethality in police encounters?

Unfortunately, that’s not what this bill does.

While the Law Enforcement Innovate to De-Escalate Act (H.R. 2189/S. 1283) is pretending to focus on de-escalation, this bill actually creates vast, dangerous loopholes in federal firearms law that could establish a new, legal market for untraceable weapons—and make them easily accessible for dangerous people who are otherwise prohibited from owning firearms.

On its face, the Law Enforcement Innovate to De-Escalate Act does a simple thing: It exempts so-called “less-than-lethal projectile devices” from the Gun Control Act of 1968.  The Gun Control Act is the federal law that requires gun dealers to be licensed and conduct background checks, and it prohibits gun possession by felons, among other things. 

However, the proposed definition of “less-than-lethal projectile devices” is broad and would apply to many different kinds of devices, including all firearms that:

The attorney general would have the authority to determine which devices satisfy this definition. 

Also, it’s worth noting that police already have access to tasers and other tools. State and local law enforcement agencies already buy and deploy “less-than-lethal devices” even though they are classified as firearms. And unlike the general population, law enforcement officers and agencies are not subject to background checks and prohibitions on buying across state lines. Law enforcement purchases are even exempt from federal excise taxes on firearms and ammunition.

Since the bill doesn’t mention law enforcement and federal law doesn’t restrict police access, it’s unnecessary for its stated purpose. Instead, it functions as a cover for a more nefarious purpose: It would create a new, unregulated market for civilian sales of these weapons—something that would greatly benefit Axon, the lone manufacturer of taser devices.

The Law Enforcement Innovate to De-Escalate Act is also problematic because, at its core, it would radically alter the definition of a “firearm” under the Gun Control Act of 1968. This bill would exempt what it refers to as “less-than-lethal projectile devices” from this definition, in turn creating a new class of weapons that are exempted from all federal regulations under the GCA—including background checks, possession prohibitions for dangerous individuals, and serialization.

The consequences of this change are severe and far-reaching.

These devices would no longer require background checks upon transfer, serialization of their frames/receivers, or paperwork for manufacture and sale. This means individuals with felony or domestic violence convictions could legally access these deadly weapons, effectively establishing a new, legal market for them.

Despite the name of the bill, the devices covered by it could easily become lethal. It does not prohibit or penalize the modification of these devices, which means that a convicted felon or domestic abuser in possession of a “less-than-lethal” device could legally turn it into a fully lethal weapon—all because there are no express prohibitions or limitations on modifications in these bills. 

This dramatic change to the Gun Control Act definition of a “firearm” threatens to upend the ATF’s enforcement of firearm laws. If Congress changes the definition to exempt so-called “less-than-lethal weapons,” it would motivate manufacturers of other weapons to seek similar exemptions. It would also invite new legal challenges and evasions of firearm regulations by the gun industry.

Despite the stated intent to benefit law enforcement, the Law Enforcement Innovate to De-Escalate Act would actually put law enforcement in danger. The bill would dismantle key components of the federal definition of a “firearm,” making these unregulated, modifiable weapons available to all persons. More unregulated guns would put lives at risk and place law enforcement at greater risk as they encounter them on the street.