Under current law, a firearm is defined as “any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” That means that some conducted electrical weapons (CEWs), such as modern tasers, fall into the category of firearm because they expel probes and wires – despite carrying a substantially lower risk of death or serious injury.

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We should not be hindering the procurement of effective “less-than-lethal” tools with outdated and burdensome regulations never meant for them. House Republicans are bringing forward legislation to reclassify CEWs as “less-than-lethal” and give officers access to the tools they need to respond safely in unpredictable situations.

This legislation includes Rep. David Schweikert’s Innovate Less Lethal to De-Escalate Tax Modernization Act to ensure “less-than-lethal” tools are no longer treated the same as firearms under federal tax laws that were not designed for them, allowing law enforcement better access to these de-esclation devices. 

H.R. 2189, the Law-Enforcement Innovate to De-Escalate Act, sponsored by Rep. Scott Fitzgerald, amends federal gun laws to reclassify CEW devices like tasers meant to stop high-risk situations without using deadly force as “less-than-lethal projectile devices’’ instead of firearms, making it easier for law enforcement to procure these devices and enhancing officer and community safety.

House Republicans are fighting to ensure law enforcement can access the tools they need to protect officers and the public.