Bill Summary
The "Constitutional Hearing Protection Act" is a proposed amendment to the Internal Revenue Code of 1986 aimed at redefining the legal status of firearm silencers (also known as suppressors). Key provisions of the bill include:
1. **Removal of Silencers from the Definition of Firearms**: The bill seeks to eliminate silencers from the classification of firearms under federal law, thereby subjecting them to less stringent regulations.
2. **Equal Treatment**: It establishes that individuals acquiring or possessing a silencer in compliance with existing laws will meet all registration and licensing requirements necessary under the National Firearms Act.
3. **Preemption of State Laws**: The legislation would override any state or local laws that impose additional taxes or regulations on silencers that affect interstate commerce, effectively standardizing the legal framework surrounding silencers across the country.
4. **Destruction of Records**: Within a year of the bill's enactment, the Attorney General would be required to destroy all federal records related to the registration and transfer of silencers.
5. **Amendments to Legal Definitions**: The bill clarifies the definitions of "firearm silencer" and "firearm muffler," and introduces the concept of a "keystone part," which is essential for the assembly of these devices.
6. **Marking Requirements**: Licensed importers and manufacturers would be mandated to mark silencers and mufflers with a unique serial number on the keystone part, with provisions for exceptions under certain conditions.
Overall, the bill aims to reduce regulatory burdens on silencers, promote their use for hearing protection, and limit state-level restrictions.
Possible Impacts
The proposed legislation, known as the "Constitutional Hearing Protection Act," seeks to amend the Internal Revenue Code to remove silencers from the definition of firearms and to ease regulations surrounding their possession and use. Here are three examples of how this legislation could affect people:
1. **Increased Access for Gun Owners**: By removing silencers from the definition of firearms and easing registration requirements, gun owners may find it easier and more affordable to acquire and use silencers. This could lead to a broader acceptance and use of silencers among recreational shooters and hunters, who may seek to minimize noise pollution and protect their hearing during shooting activities.
2. **Impact on Law Enforcement and Public Safety**: The preemption of state laws related to silencers could lead to concerns among law enforcement agencies and communities about increased access to these devices. Some individuals might worry that easier access to silencers could hinder the ability of law enforcement to hear gunfire during criminal activities, potentially complicating responses to gun violence and impacting public safety.
3. **Changes in Legal Compliance and Privacy**: The requirement for the destruction of existing registration records after the enactment of the law may affect those who currently own silencers. This change could enhance privacy for current owners by removing their information from federal databases, but it could also create uncertainty about ownership history and legality, particularly for individuals who may have acquired silencers before the change in legislation.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3228 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3228
To amend the Internal Revenue Code of 1986 to remove silencers from the
definition of firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2025
Mr. Clyde (for himself, Mr. Higgins of Louisiana, Mrs. Miller of
Illinois, Mr. Norman, Mr. Burlison, Mr. Harris of Maryland, Mr. Ogles,
Mr. Stutzman, Mr. Brecheen, Mr. Crane, Mr. Finstad, Mr. Moore of
Alabama, Mr. Rulli, Mr. McGuire, Mr. McClintock, Mr. Gill of Texas, Mr.
Wied, Mr. Begich, Mr. Gosar, Mr. Harris of North Carolina, Mr. Self,
Mrs. Harshbarger, Mr. Hern of Oklahoma, Mr. Zinke, Mr. Downing, Mr.
Massie, Mr. Reschenthaler, Mr. Perry, Mr. Steube, Ms. Tenney, Mr.
Estes, Mr. Feenstra, Mr. Fulcher, Mr. Kelly of Pennsylvania, Mr. Miller
of Ohio, Mr. Roy, Mr. Smucker, and Mr. Kustoff) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to remove silencers from the
definition of firearms, and for other purposes.
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 ``Constitutional Hearing Protection
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.--The amendment made by this section shall apply
to calendar quarters beginning more than 90 days after the date of the
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 all registration and licensing
requirements of the National Firearms Act 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 imposes a
tax, other than a generally applicable sales or use tax, on making,
transferring, using, possessing, or transporting a firearm silencer in
or affecting interstate or foreign commerce, or imposes a marking,
recordkeeping or registration requirement with respect to such a
firearm silencer, shall have no force or effect.''.
SEC. 5. DESTRUCTION OF RECORDS.
Not later than 365 days after the date of the enactment of this
Act, the Attorney General shall destroy any registration of a silencer
maintained in the National Firearms Registration and Transfer Record
pursuant to section 5841 of the Internal Revenue Code of 1986, any
application to transfer filed under section 5812 of the Internal
Revenue Code of 1986 that identifies the transferee of a silencer, and
any application to make filed under section 5822 of the Internal
Revenue Code of 1986 that identifies the maker of a silencer.
SEC. 6. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Title 18, United States Code, is amended--
(1) in section 921(a), by striking paragraph (25) and
inserting the following:
``(25)(A) The terms `firearm silencer' and `firearm
muffler' mean any device for silencing, muffling, or
diminishing the report of a portable firearm, including the
`keystone part' of such a device.
``(B) The term `keystone part' means, with respect to a
firearm silencer or firearm muffler, a single externally
visible part of a firearm silencer or firearm muffler, without
which a device capable of silencing, muffling, or diminishing
the report of a portable firearm cannot be assembled, but the
term does not include any interchangeable parts designed to
mount a firearm silencer or firearm muffler to a portable
firearm.'';
(2) in section 922(b)--
(A) in paragraph (1), by striking ``shotgun or
rifle'' the first place it appears and inserting
``shotgun, rifle, firearm silencer or firearm
muffler''; and
(B) in paragraph (3), by striking ``rifle or
shotgun'' and inserting ``shotgun, rifle, firearm
silencer or firearm muffler''; and
(3) in section 923(i)--
(A) by striking ``Licensed'' and inserting the
following:
``(1) In the case of a firearm other than a firearm
silencer or firearm muffler, licensed''; and
(B) by adding at the end the following:
``(2) In the case of a firearm silencer or firearm muffler,
licensed importers and licensed manufacturers shall identify by
means of a serial number engraved or cast on the single
keystone part of the firearm silencer or firearm muffler, in
such manner as the Attorney General shall by regulations
prescribe, each firearm silencer or firearm muffler imported or
manufactured by such importer or manufacturer, except that, if
a firearm silencer or firearm muffler does not have a clearly
identifiable keystone part or has multiple keystone parts,
licensed importers or licensed manufacturers shall submit a
request for a marking variance to the Attorney General. The
Attorney General shall grant such a request except on showing
good cause that marking the firearm silencer or firearm muffler
as requested would not further the purposes of this chapter.''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to place any firearms formerly regulated under chapter 53 of
the Internal Revenue Code of 1986 (the National Firearms Act) under the
jurisdiction of the United States Consumer Product Safety Commission.
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