Help Empower Americans to Respond Act of 2023 or the HEAR Act of 2023
This bill establishes a new criminal offense for the import, sale, manufacture, transfer, or possession of a firearm silencer or firearm muffler.
The bill does not prohibit certain conduct with respect to a firearm silencer or firearm muffler, including the following:
In addition, the bill requires the Department of Justice to establish and implement a buy-back program to purchase firearm silencers and firearm mufflers. States and local governments may use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender firearm silencers and firearm mufflers under this buy-back program.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2985 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2985
To regulate firearm silencers and firearm mufflers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mrs. Watson Coleman (for herself, Ms. Crockett, Ms. Tlaib, Ms. Norton,
Mr. Nickel, Mr. Ivey, Ms. Lee of California, and Mr. Espaillat)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To regulate firearm silencers and firearm mufflers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Empower Americans to Respond
Act of 2023'' or the ``HEAR Act of 2023''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``(C) any firearm muffler
or firearm silencer; or (D)'' and inserting ``or (C)''; and
(2) by adding at the end the following:
``(38) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON FIREARM SILENCERS AND FIREARM MUFFLERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to import, sell, manufacture, transfer, or possess, in or
affecting interstate or foreign commerce, a firearm silencer or firearm
muffler.
``(2) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off-duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off-duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials; or
``(C) the importation for, manufacture for, sale to,
transfer to, or possession by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Attorney General.
``(3) For purposes of paragraph (2)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Seizure and Forfeiture of Firearm Silencers and Firearm
Mufflers.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``or (k)'' and inserting
``(k), or (v)''; and
(2) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR FIREARM SILENCERS
AND FIREARM MUFFLERS.
(a) In General.--Section 501(a)(1) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended
by adding at the end the following:
``(J) Compensation for surrendered firearm
silencers and firearm mufflers, as those terms are
defined in section 921 of title 18, United States Code,
under the buy-back program for firearm silencers and
firearm mufflers required under section 5(b) of the
Help Empower Americans to Respond Act of 2023.''.
(b) Requirement.--During the 90-day period described in section 6,
the Attorney General shall establish and implement a buy-back program,
to be carried out across the United States, to purchase firearm
silencers and firearm mufflers (as defined in section 921(a) of title
18, United States Code) from individuals seeking to comply with the
requirements of this Act and the amendments made by this Act.
SEC. 6. EFFECTIVE DATE.
The amendments made by sections 2, 3, and 4 shall take effect on
the date that is 90 days after the date of enactment of this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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