[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3228 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3228
To amend the Internal Revenue Code of 1986 to remove silencers from the
definition of firearms, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 7, 2025
Mr. Clyde (for himself, Mr. Higgins of Louisiana, Mrs. Miller of
Illinois, Mr. Norman, Mr. Burlison, Mr. Harris of Maryland, Mr. Ogles,
Mr. Stutzman, Mr. Brecheen, Mr. Crane, Mr. Finstad, Mr. Moore of
Alabama, Mr. Rulli, Mr. McGuire, Mr. McClintock, Mr. Gill of Texas, Mr.
Wied, Mr. Begich, Mr. Gosar, Mr. Harris of North Carolina, Mr. Self,
Mrs. Harshbarger, Mr. Hern of Oklahoma, Mr. Zinke, Mr. Downing, Mr.
Massie, Mr. Reschenthaler, Mr. Perry, Mr. Steube, Ms. Tenney, Mr.
Estes, Mr. Feenstra, Mr. Fulcher, Mr. Kelly of Pennsylvania, Mr. Miller
of Ohio, Mr. Roy, Mr. Smucker, and Mr. Kustoff) 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
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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 ``Constitutional 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 all 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)(A) The terms `firearm silencer' and `firearm
muffler' mean any device for silencing, muffling, or
diminishing the report of a portable firearm, including the
`keystone part' of such a device.
``(B) The term `keystone part' means, with respect to a
firearm silencer or firearm muffler, a single externally
visible part of a firearm silencer or firearm muffler, without
which a device capable of silencing, muffling, or diminishing
the report of a portable firearm cannot be assembled, but the
term does not include any interchangeable parts designed to
mount a firearm silencer or firearm muffler to a portable
firearm.'';
(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 single
keystone part 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
a firearm silencer or firearm muffler does not have a clearly
identifiable keystone part or has multiple keystone parts,
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. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to place any firearms formerly regulated under chapter 53 of
the Internal Revenue Code of 1986 (the National Firearms Act) under the
jurisdiction of the United States Consumer Product Safety Commission.
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