What the H.R. 2189 De-Escalation Act Means for Officers and Agencies
On February 11, 2026, the United States House of Representatives passed H.R. 2189, the Law-Enforcement Innovate to De-Escalate Act. The legislation now moves to the United States Senate for consideration. It has not yet become law. Our National Lobbyist, Dennis M. McGrann, provides insights on what this means for law enforcement agencies.
What the Bill Does
The House passed H.R. 2189, legislation that would change how certain conducted electrical weapons, such as some TASER devices, are treated under federal law.
The bill would remove qualifying conducted electrical weapons from regulation under the Gun Control Act of 1968 by classifying them as “less-than-lethal projectile devices,” rather than firearms. As a result, these devices would no longer be subject to federal firearms laws or the associated firearms and ammunition excise tax.
Under current policy, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has classified some handheld conducted electrical weapons as firearms since the 1970s. That issue drew renewed attention after ATF determined that Axon’s Taser 10, because it uses gunpowder as a propellant, qualified as a handgun under federal law, requiring the manufacturer to hold a federal firearms license. H.R. 2189 would reverse that approach for devices that meet the bill’s new statutory definition.
Requirements Under the Legislation
Under the legislation, a less-than-lethal projectile device must meet several criteria. It cannot:
- Be designed to fire traditional gun ammunition or high-velocity projectiles
- Be readily modified to do so
- Accept standard ammunition feeding devices.
It must also be designed and intended to be used in a way that is unlikely to cause death or serious bodily injury.
The bill also includes a review process. Upon request, the Justice Department would have 90 days to determine whether a specific device qualifies as a less-than-lethal projectile device under the law. A parallel provision would exempt qualifying devices from the federal firearms and ammunition excise tax, currently set at 10 percent for pistols and revolvers and 11 percent for other firearms and ammunition, with the Treasury Department required to issue determinations and publish a public list of approved devices.
What This Means for Law Enforcement Agencies
If enacted, H.R. 2189 could have several practical implications:
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Procurement Clarity: Agencies would gain clearer federal classification standards for conducted electrical weapons.
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Reduced Regulatory Burden: Devices meeting the statutory definition would no longer be treated as firearms under federal law.
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Cost Considerations: Removal of the federal firearms excise tax may reduce procurement costs for qualifying devices.
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Administrative Certainty: The 90-day federal review process creates a defined pathway for classification determinations.
Until the bill becomes law, current ATF classifications remain in effect.
What Happens Next
Although H.R. 2189 has cleared the House, it has not yet become law.
The bill must now be taken up by the U.S. Senate. Legislation of this nature is typically referred to the Senate Judiciary Committee for review and potential hearings. The Senate may pass the bill as written, amend it, or decline to advance it.
If the Senate passes a different version, both chambers would need to reconcile any differences before final approval. Once identical language is passed by both chambers, the legislation would be sent to the President for signature or veto.
Until those steps are completed, the current federal classification and regulatory treatment of conducted electrical weapons remains in place.
FAQs for POAM Members
H.R. 2189: Frequently Asked Questions
What is H.R. 2189?
H.R. 2189, the Law-Enforcement Innovate to De-Escalate Act, is federal legislation passed by the U.S. House on February 11, 2026. The bill addresses how certain types of electric weapons are classified under federal law.
What Change Does the Bill Make?
The bill would classify qualifying devices as “less-than-lethal projectile devices” rather than firearms under the Gun Control Act of 1968.
If enacted, qualifying devices would no longer be subject to federal firearms regulations or the associated firearms and ammunition excise tax.
Why Did This Issue Arise?
The Bureau of Alcohol, Tobacco, Firearms, and Explosives determined that certain devices, including the Taser 10, met the federal definition of a handgun because they use gunpowder as a propellant. That classification required the manufacturer to obtain a federal firearms license.
H.R. 2189 would establish a new statutory framework for qualifying devices.
What Qualifies As a “Less-Than-Lethal Projectile Device”?
Under the bill, a qualifying device:
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Cannot fire traditional gun ammunition
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Cannot be readily modified to fire traditional ammunition
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Cannot accept standard ammunition feeding devices
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Must be designed and intended to be unlikely to cause death or serious bodily injury
How Would Devices Be Reviewed?
Upon request, the Department of Justice would have 90 days to determine whether a device qualifies under the new statutory definition.
The Treasury Department would also publish a public list of devices exempt from the federal firearms excise tax.
Does This Change Anything Right Now?
No. The bill has passed the House but must still be considered and passed by the U.S. Senate and signed by the President before becoming law.
Until that occurs, current federal classifications remain in effect.
What Could This Mean For Agencies?
If enacted, agencies could see:
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Greater regulatory clarity
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Reduced compliance complexity
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Potential cost savings on qualifying devices
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A defined federal determination process
POAM will continue providing updates as the legislation moves through the Senate.