Constitution Index · H.R. 2189 · 2025-03-18
To modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes.
Latest official status (2026-02-24): Received in the Senate.
Constitutional grade
A
Constitutional
HR 2189 is constitutional. It falls within Congress's authority under the Commerce Clause to define the scope of federal firearms regulation, and it does so by removing certain less-than-lethal devices from the Gun Control Act. The bill expands individual liberty and does not infringe the Second Amendment or any other right. It also creates a prompt ATF classification process, supporting fair notice and due process rather than undermining it.
Amendment II Article I, Section 8, Clause 3
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has authority under Article I, Section 8, Clause 3 to regulate interstate commerce, including firearms and related devices. Amending the Gun Control Act to exempt certain less-than-lethal projectile devices is a valid exercise of Congress's power to define the scope of federal commerce regulation. No power overreach occurs.
Bill of Rights · passes
The bill does not restrict speech, religion, assembly, press, petition, arms, or any other enumerated right. By removing certain devices from federal firearms regulation, it reduces restrictions on the keeping and bearing of arms rather than infringing the Second Amendment. No provision of the Bill of Rights is violated.
Individual liberty · passes
The bill expands what individuals may lawfully possess and use without federal oversight. It does not restrict a person's property, labor, speech, belief, or self-defense options. The government has not imposed a new burden on individual freedom; it has removed one.
Decentralization · passes
The bill reduces federal regulatory consolidation by removing federal control over certain less-than-lethal devices. Individuals and families can lawfully acquire and use such devices without federal interference; state and local governments retain their own police powers to regulate them. This action fails no part of the decentralization test because it moves regulatory authority away from the federal level.
Due process and takings · passes
The bill does not take property without just compensation and does not deny due process. Instead, it requires ATF to make a classification determination within 90 days of a request, providing a clear, timely process for persons seeking to know whether a device qualifies as a less-than-lethal projectile device. This strengthens fair notice and procedural regularity.
Provenance
- Congress.gov: HR 2189 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #357 | 2026-10-09 | vfa-constitutional-grade/1.0 | c7d1059a1743 | current |
Cite this
Values for America. “Constitutional grade: H.R. 2189, To modernize Federal firearms laws to account for advancements in technology and less-than-lethal weapons, and for other purposes..” VFA Constitution Index, grade 357 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/357. Accessed 2026-10-19.
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