SHUSH Act

II 116TH CONGRESS 1ST SESSION S. 202 To provide that silencers be treated the same as firearms accessories. IN THE SENATE OF THE UNITED STATES JANUARY 24, 2019 Mr. LEE (for himself, Mr. CRAPO, Mr. RISCH, Mr. CORNYN, Mr. CRUZ, and Mr. PAUL) introduced the following bill; which was read twice and re- ferred 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Silencers Help Us Save 4 Hearing Act’’ or the ‘‘SHUSH Act’’. 5 SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. 6 (a) IN GENERAL.—Section 5845(a) of the Internal 7 Revenue Code of 1986 is amended by striking ‘‘(7) any 8 silencer’’ and all that follows through ‘‘; and (8)’’ and in- 9 serting ‘‘and (7)’’. 10 VerDate Sep 11 2014 01:51 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S202.IS S202 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 202 IS (b) EFFECTIVE DATE.— 1 (1) IN GENERAL.—The amendment made by 2 this section shall take effect on the date of enact- 3 ment of this Act. 4 (2) TRANSFERS.—In the case of the tax im- 5 posed by section 5811 of the Internal Revenue Code 6 of 1986, the amendment made by this section shall 7 apply with respect to transfers after October 22, 8 2015. 9 SEC. 3. TREATMENT OF CERTAIN SILENCERS. 10 Section 5841 of the Internal Revenue Code of 1986 11 is amended by adding at the end the following: 12 ‘‘(f) FIREARM SILENCERS.—A person acquiring or 13 possessing a firearm silencer in accordance with chapter 14 44 of title 18, United States Code, shall be treated as 15 meeting any registration and licensing requirements of the 16 National Firearms Act (as in effect on the day before the 17 date of the enactment of this subsection) with respect to 18 such silencer.’’. 19 SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA- 20 TION TO FIREARM SILENCERS. 21 Section 927 of title 18, United States Code, is 22 amended by adding at the end the following: ‘‘Notwith- 23 standing the preceding sentence, a law of a State or a 24 political subdivision of a State that, as a condition of law- 25 VerDate Sep 11 2014 01:51 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S202.IS S202 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 202 IS fully making, transferring, using, possessing, or trans- 1 porting a firearm silencer in or affecting interstate or for- 2 eign commerce, imposes a tax on any such conduct, or a 3 marking, recordkeeping, or registration requirement with 4 respect to the firearm silencer, shall have no force or ef- 5 fect.’’. 6 SEC. 5. SILENCERS AND MUFFLERS NOT TO BE FEDERALLY 7 REGULATED. 8 (a) DEFINITIONS.—Section 921(a) of title 18, United 9 States Code, is amended— 10 (1) in paragraph (3), by striking ‘‘(C) any fire- 11 arm muffler or firearm silencer; or (D)’’ and insert- 12 ing ‘‘or (C)’’; and 13 (2) by striking paragraph (24). 14 (b) PENALTIES.—Section 924 of title 18, United 15 States Code, is amended— 16 (1) in subsection (c)(1)— 17 (A) in subparagraph (B)(ii) by striking ‘‘, 18 or is equipped with a firearm silencer or fire- 19 arm muffler’’; and 20 (B) in subparagraph (C), by striking ‘‘or is 21 equipped with a firearm silencer or firearm 22 muffler,’’; and 23 (2) in subsection (o), by striking ‘‘or is 24 equipped with a firearm silencer or muffler,’’. 25 VerDate Sep 11 2014 01:51 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S202.IS S202 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 202 IS (c) CARRYING OF CONCEALED FIREARMS BY QUALI- 1 FIED LAW ENFORCEMENT OFFICERS.—Section 2 926B(e)(3) of title 18, United States Code, is amended— 3 (1) in subparagraph (A), by adding ‘‘and’’ at 4 the end; 5 (2) by striking subparagraph (B); and 6 (3) by redesignating subparagraph (C) as sub- 7 paragraph (B). 8 (d) CARRYING OF CONCEALED FIREARMS BY QUALI- 9 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 10 926C(e)(1)(C) of title 18, United States Code, is amend- 11 ed— 12 (1) in clause (i) by adding ‘‘and’’ at the end; 13 (2) by striking clause (ii); and 14 (3) by redesignating clause (iii) as clause (ii). 15 Æ VerDate Sep 11 2014 01:51 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S202.IS S202 pamtmann on DSKBFK8HB2PROD with BILLS