Silencers Help Us Save Hearing Act or the SHUSH Act
This bill removes silencers from regulation under federal firearms laws.
Specifically, it removes silencers from the list of firearms subject to regulation (i.e., registration and licensing requirements) under the National Firearms Act (NFA). Additionally, it excludes a muffler or silencer from the list of firearms subject to regulation (e.g., background check requirements) under the Gun Control Act of 1968 (GCA).
Additionally, the bill does the following:
Finally, the bill excludes firearm mufflers and silencers from regulation by the Consumer Product Safety Commission. (Current law generally excludes firearms from regulation by the commission.)
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 345
To provide that silencers be treated the same as firearms accessories.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2025
Mr. Lee (for himself, Mr. Scott of Florida, Mr. Ricketts, Mr. Curtis,
and Mr. Marshall) introduced the following bill; which was read twice
and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide that silencers be treated the same as firearms accessories.
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 ``Silencers Help Us Save Hearing Act''
or the ``SHUSH Act''.
SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS.
(a) In General.--Section 5845(a) of the Internal Revenue Code of
1986 is amended by striking ``(7) any silencer'' and all that follows
through ``; and (8)'' and inserting ``and (7)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Transfers.--In the case of the tax imposed by section
5811 of the Internal Revenue Code of 1986, the amendments made
by this section shall apply with respect to transfers after the
date which is 2 years prior to the date of enactment of this
Act.
SEC. 3. TREATMENT OF CERTAIN SILENCERS.
Section 5841 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(f) Firearm Silencers.--A person acquiring or possessing a
firearm silencer in accordance with chapter 44 of title 18, United
States Code, shall be treated as meeting any registration and licensing
requirements of the National Firearms Act (as in effect on the day
before the date of the enactment of this subsection) with respect to
such silencer.''.
SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM
SILENCERS.
Section 927 of title 18, United States Code, is amended by adding
at the end the following: ``Notwithstanding the preceding sentence, a
law of a State or a political subdivision of a State that, as a
condition of lawfully making, transferring, using, possessing, or
transporting a firearm silencer in interstate or foreign commerce,
imposes a tax on any such conduct, or a marking, recordkeeping, or
registration requirement with respect to the firearm silencer, shall
have no force or effect.''.
SEC. 5. SILENCERS AND MUFFLERS NOT TO BE FEDERALLY REGULATED.
(a) 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 striking paragraph (25).
(b) Penalties.--Section 924 of title 18, United States Code, is
amended--
(1) in subsection (c)(1)--
(A) in subparagraph (B)(ii), by striking ``, or is
equipped with a firearm silencer or firearm muffler'';
and
(B) in subparagraph (C)(ii), by striking ``or is
equipped with a firearm silencer or firearm muffler,'';
and
(2) in subsection (o), by striking ``or is equipped with a
firearm silencer or muffler,''.
(c) Carrying of Concealed Firearms by Qualified Law Enforcement
Officers.--Section 926B(e)(3) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(d) Carrying of Concealed Firearms by Qualified Retired Law
Enforcement Officers.--Section 926C(e)(1)(C) of title 18, United States
Code, is amended--
(1) in clause (i), by adding ``and'' at the end;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
SEC. 6. EXCEPTING SILENCERS FROM REGULATION BY THE CONSUMER PRODUCT
SAFETY COMMISSION.
Section 3(5) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(5)) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) in subparagraph (I), by striking ``Act).'' and
inserting ``; or''; and
(3) by adding at the end the following:
``(J) any firearm muffler or firearm silencer (as
such term is defined in section 5841(f) of the Internal
Revenue Code of 1986).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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