S. 345

119 S345 IS: Silencers Help Us Save Hearing Act
 U.S. Senate
 2025-01-30
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 345  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.
1.
Short title
This Act may be cited as the   Silencers Help Us Save Hearing Act   or the   SHUSH Act  .
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.
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.
 .
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. .
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).
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).
 .