Official Summaries

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:

• 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.

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.)

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]

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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).''.
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