Constitutional Hearing Protection Act

Summary#

This bill, the Constitutional Hearing Protection Act, changes how federal law treats firearm silencers (also called mufflers). It removes silencers from one definition in the Internal Revenue Code, adds new language in the criminal code to define "firearm silencer" and the term "keystone part," and requires makers and importers to mark silencers with a serial number on the keystone part. The bill says a person who acquires or possesses a silencer in accordance with chapter 44 of title 18 (federal criminal law on firearms) will be treated as meeting National Firearms Act registration and licensing requirements for that silencer. It also adds a rule that blocks (preempts) state or local laws that impose a tax (other than a general sales or use tax) or require marking, recordkeeping, or registration of silencers that affect interstate or foreign commerce. The Attorney General must destroy existing federal registrations and certain transfer and make applications for silencers within 365 days. The bill takes effect for calendar quarters beginning more than 90 days after enactment and includes a rule saying it does not place formerly regulated items under the Consumer Product Safety Commission.

What it means for you#

  • If you acquire or possess a silencer "in accordance with chapter 44 of title 18," the bill says you will be treated as meeting National Firearms Act registration and licensing requirements for that silencer.
  • Licensed importers and manufacturers must put a serial number on the single externally visible "keystone part" of a silencer, or request a marking variance if no single keystone part exists.
  • States and localities would not be able to enforce taxes (other than general sales or use taxes) or special marking, recordkeeping, or registration rules on silencers that affect interstate or foreign commerce, according to the bill text.
  • The Department of Justice must destroy existing federal silencer registration records and certain transfer/make applications within one year of enactment.

Expenses#

No publicly available information on costs or budgetary effects is included in the bill text or metadata provided.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.