SHUSH Act

I 116TH CONGRESS 1ST SESSION H. R. 775 To provide that silencers be treated the same as firearms accessories. IN THE HOUSE OF REPRESENTATIVES JANUARY 24, 2019 Mr. KING of Iowa 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 jurisdic- tion 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 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 VerDate Sep 11 2014 01:47 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 775 IH silencer’’ and all that follows through ‘‘; and (8)’’ and in- 1 serting ‘‘; and (7)’’. 2 (b) EFFECTIVE DATE.— 3 (1) IN GENERAL.—Except as otherwise pro- 4 vided in this subsection, the amendment made by 5 this section shall take effect on the date of the en- 6 actment of this Act. 7 (2) TRANSFERS.—In the case of the tax im- 8 posed by section 5811 of such Code, the amendment 9 made by this section shall apply with respect to 10 transfers after October 22, 2015. 11 SEC. 3. TREATMENT OF CERTAIN SILENCERS. 12 Section 5841 of the Internal Revenue Code of 1986 13 is amended by adding at the end the following: 14 ‘‘(f) FIREARM SILENCERS.—A person acquiring or 15 possessing a firearm silencer in accordance with Chapter 16 44 of title 18, United States Code, shall be treated as 17 meeting any registration and licensing requirements of the 18 National Firearms Act (as in effect on the day before the 19 date of the enactment of this subsection) with respect to 20 such silencer.’’. 21 SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA- 22 TION TO FIREARM SILENCERS. 23 Section 927 of title 18, United States Code, is 24 amended by adding at the end the following: ‘‘Notwith- 25 VerDate Sep 11 2014 01:47 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 775 IH standing the preceding sentence, a law of a State or a 1 political subdivision of a State that, as a condition of law- 2 fully making, transferring, using, possessing, or trans- 3 porting a firearm silencer in or affecting interstate or for- 4 eign commerce, imposes a tax on any such conduct, or a 5 marking, recordkeeping or registration requirement with 6 respect to the firearm silencer, shall have no force or ef- 7 fect.’’. 8 SEC. 5. SILENCERS AND MUFFLERS NOT TO BE FEDERALLY 9 REGULATED. 10 (a) DEFINITIONS.—Section 921(a) of title 18, United 11 States Code, is amended— 12 (1) in paragraph (3), by striking ‘‘(C) any fire- 13 arm muffler or firearm silencer; or (D)’’ and insert- 14 ing ‘‘or (C)’’; and 15 (2) by striking paragraph (24). 16 (b) PENALTIES.—Section 924 of such title is amend- 17 ed— 18 (1) in subsection (c)(1)— 19 (A) in paragraph (1)(B)(ii) by striking ‘‘, 20 or is equipped with a firearm silencer or fire- 21 arm muffler’’; and 22 (B) in paragraph (1)(C), by striking ‘‘or is 23 equipped with a firearm silencer or firearm 24 muffler,’’; and 25 VerDate Sep 11 2014 01:47 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 775 IH (2) in subsection (o), by striking ‘‘or is 1 equipped with a firearm silencer or muffler,’’. 2 (c) CARRYING OF CONCEALED FIREARMS BY QUALI- 3 FIED LAW ENFORCEMENT OFFICERS.—Section 4 926B(e)(3) of such title is amended— 5 (1) in subparagraph (A), by adding ‘‘and’’ at 6 the end; 7 (2) by striking subparagraph (B); and 8 (3) by redesignating subparagraph (C) as sub- 9 paragraph (B). 10 (d) CARRYING OF CONCEALED FIREARMS BY QUALI- 11 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 12 926C(e)(1)(C) of such title is amended— 13 (1) in clause (i), by adding ‘‘and’’ at the end; 14 and 15 (2) by striking clause (ii). 16 Æ VerDate Sep 11 2014 01:47 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H775.IH H775 pamtmann on DSKBFK8HB2PROD with BILLS