H.R. 3228

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3228 Introduced in House (IH)]

<DOC>

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.

_______________________________________________________________________

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

_______________________________________________________________________

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.
<all>