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Committee approves bill to reclassify some less‑than‑lethal devices; critics warn of loopholes and loss of traceability
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Summary
The Ways and Means Committee voted to report HR 42 42, a bill that exempts certain certified less‑than‑lethal projectile devices and cartridges from the firearms excise tax and adjusts NFA definitions. Proponents argue it modernizes tax treatment and reduces paperwork; opponents warned the measure could create loopholes enabling untraceable weapons and permit dangerous conversions.
The House Ways and Means Committee adopted the substitute for HR 42 42, titled the Innovative Less‑Lethal to Deescalate Tax Modernization Act, and voted to report it to the full House.
Sponsor Rep. Schweikert said the statute is a century old and does not fit modern, less‑lethal alternatives, and argued the bill reduces administrative hurdles and encourages adoption of technology that can reduce fatal encounters. He described two device categories for certification and an annual reporting requirement to the committee.
Opponents pressed a range of concerns: they said the substitute, as drafted, could permit the sale of devices to private purchasers that might be converted into lethal weapons or be used by persons who are prohibited under federal law from having firearms. Rep. Doggett and other Democrats warned that changing NFA definitions and exempting devices could reduce traceability and provide new routes to dangerous weapons in civilian hands.
Several amendments were debated. Rep. Larson offered an amendment to strike Section 3 of the bill (which opponents said could create a National Firearms Act gap); that amendment failed by roll call. Supporters argued law enforcement does not pay the excise tax today, and the bill mostly affects manufacturers and private sales and simplifies paperwork. The substitute passed committee by a recorded vote (26 yeas to 15 nays).
What’s next: The measure will be reported to the House. Supporters said they will pursue clarifying language and work with stakeholders on safeguards; opponents signaled floor opposition while urging further clarifications to avoid unintended consequences.
