[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 404 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 404
To amend the Internal Revenue Code of 1986 to remove silencers from the
definition of firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2025
Mr. Cline (for himself, Mr. Pfluger, Mr. Estes, Mr. Moore of West
Virginia, Mr. Bean of Florida, Ms. Tenney, Mr. Weber of Texas, Mr.
Moore of Alabama, Mr. Nehls, Mr. Owens, Mr. Thompson of Pennsylvania,
Mr. Wittman, Mr. Hudson, Mrs. Luna, Mrs. Cammack, Mr. Carter of
Georgia, Mr. Perry, Mr. Bost, Mr. Bergman, Mr. Finstad, Mr. Collins,
Mr. Graves, Mr. Fleischmann, Mr. Fulcher, Mr. Bilirakis, Mr. McGuire,
Mr. Aderholt, Mr. McDowell, Mr. Harris of Maryland, Mr. Burchett, Mr.
Kustoff, Mr. Timmons, Mr. Loudermilk, Mr. Crank, Mr. Griffith, Mr. Hern
of Oklahoma, Mr. Womack, Mr. Babin, Ms. Maloy, and Mr. Comer)
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 amend the Internal Revenue Code of 1986 to remove silencers from the
definition of firearms, and for other purposes.
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 ``Hearing Protection 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.--The amendment made by this section shall apply
to calendar quarters beginning more than 90 days after the date of the
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 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 imposes a
tax, other than a generally applicable sales or use tax, on making,
transferring, using, possessing, or transporting a firearm silencer in
or affecting interstate or foreign commerce, or imposes a marking,
recordkeeping or registration requirement with respect to such a
firearm silencer, shall have no force or effect.''.
SEC. 5. DESTRUCTION OF RECORDS.
Not later than 365 days after the date of the enactment of this
Act, the Attorney General shall destroy any registration of a silencer
maintained in the National Firearms Registration and Transfer Record
pursuant to section 5841 of the Internal Revenue Code of 1986, any
application to transfer filed under section 5812 of the Internal
Revenue Code of 1986 that identifies the transferee of a silencer, and
any application to make filed under section 5822 of the Internal
Revenue Code of 1986 that identifies the maker of a silencer.
SEC. 6. AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Title 18, United States Code, is amended--
(1) in section 921(a), by striking paragraph (25) and
inserting the following:
``(25) The terms `firearm silencer' and `firearm muffler'
mean--
``(A) any device designed or redesigned, made or
remade, and intended--
``(i) to silence, muffle, or diminish the
auditory report of a portable firearm; and
``(ii) to be attached to a portable
firearm, directly or through a mount, adaptor,
or other device that is not a firearm silencer
or firearm muffler; or
``(B) the outer tube or other single part of any
device that--
``(i) provides the primary housing or is
the primary structure for internal sound-
reduction components designed or redesigned,
made or remade, and intended to silence,
muffle, or diminish the auditory report of a
portable firearm; and
``(ii) attaches to a portable firearm,
directly or through a mount, adaptor, or other
device that is not a firearm silencer or
firearm muffler.'';
(2) in section 922(b)--
(A) in paragraph (1), by striking ``shotgun or
rifle'' the first place it appears and inserting
``shotgun, rifle, firearm silencer or firearm
muffler''; and
(B) in paragraph (3), by striking ``rifle or
shotgun'' and inserting ``shotgun, rifle, firearm
silencer or firearm muffler''; and
(3) in section 923(i)--
(A) by striking ``Licensed'' and inserting the
following:
``(1) In the case of a firearm other than a firearm
silencer or firearm muffler, licensed''; and
(B) by adding at the end the following:
``(2) In the case of a firearm silencer or firearm muffler,
licensed importers and licensed manufacturers shall identify by
means of a serial number engraved or cast on the outer tube or
other single part that provides the primary housing or primary
structure of the firearm silencer or firearm muffler, in such
manner as the Attorney General shall by regulations prescribe,
each firearm silencer or firearm muffler imported or
manufactured by such importer or manufacturer, except that, if
marking the outer tube or other single part that provides the
primary housing or primary structure is impractical, licensed
importers or licensed manufacturers shall submit a request for
a marking variance to the Attorney General. The Attorney
General shall grant such a request except on showing good cause
that marking the firearm silencer or firearm muffler as
requested would not further the purposes of this chapter.''.
SEC. 7. IMPOSITION OF TAX ON FIREARM SILENCERS OR FIREARM MUFFLERS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
is amended by adding at the end of the list relating to ``Articles
taxable at 10 percent'' the following:
``Firearm silencers or firearm mufflers.''.
(b) Firearm Silencers; Firearm Mufflers.--Section 4181 of such Code
is amended by adding at the end the following:
``For purposes of this part, the terms `firearm silencer' and
`firearm muffler' mean any device for silencing, muffling, or
diminishing the report of a portable firearm.''.
(c) Conforming Amendments.--
(1) Section 4181 of such Code is amended by striking
``other than pistols and revolvers'' and inserting ``other than
articles taxable at 10 percent under this section''.
(2) Section 4182(b) of such Code is amended by striking
``firearms, pistols, revolvers, shells, and cartridges'' and
inserting ``articles described in section 4181 and''.
(3) Section 4182(c)(1) of such Code is amended by striking
``or firearm'' and inserting ``firearm, firearm silencer, or
firearm muffler,''.
(d) Effective Date.--The amendments made by this section shall
apply to articles sold by the manufacturer, producer, or importer in
any calendar quarter beginning more than 90 days after the date of the
enactment of this Act.
(e) In General.--Section 4181 of the Internal Revenue Code of 1986
is amended by adding at the end of the list relating to ``Articles
taxable at 10 percent'' the following:
``Firearm silencers or firearm mufflers.''.
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