Official Summaries

Silencers Help Us Save Hearing Act or the SHUSH Act

This bill removes silencers from regulation under certain federal statutes governing the sale, transfer, and possession of firearms.

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).

Finally, the bill does the following:

• preempts state or local laws that tax or regulate firearm silencers,
• specifies that a person who lawfully acquires or possesses a silencer under provisions of the GCA meets the registration and licensing requirements of the NFA,
• eliminates mandatory minimum prison terms for a crime of violence or drug trafficking offense in which a defendant uses or carries a firearm equipped with a silencer or muffler, and
• permits active and retired law enforcement officers to carry a concealed silencer.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 850 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 850

 To provide that silencers be treated the same as firearms accessories.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2025

Mr. Cloud (for himself, Mr. Ogles, Mr. Higgins of Louisiana, Mr. Gosar, 
   Mr. Harris of Maryland, Ms. Boebert, and Mrs. Miller of Illinois) 
 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 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 otherwise provided in this 
        subsection, the amendment made by this section shall take 
        effect on the date of the enactment of this Act.
            (2) Transfers.--In the case of the tax imposed by section 
        5811 of such Code, the amendment made by this section shall 
        apply with respect to transfers after October 22, 2015.

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 or affecting 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 (24).
    (b) Penalties.--Section 924 of such title is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)(B)(ii) by striking ``, or is 
                equipped with a firearm silencer or firearm muffler''; 
                and
                    (B) in paragraph (1)(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 such title 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 such title is amended--
            (1) in clause (i), by adding ``and'' at the end; and
            (2) by striking clause (ii).
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