IntroducedIntroduced Jan 30, 2025

S. 345: SHUSH Act

This legislation was introduced in the on 2025-01-30. It currently has a status of Introduced.

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AI Short Summary

The SHUSH Act eliminates federal regulations, taxes, and registration requirements on firearm silencers and mufflers, treating them as regular firearm accessories and preempting state-level restrictions.

Firearms Taxation Consumer Protection

Sponsors

Sen. Lee, Mike [R-UT]

Primary Sponsor (R-UT)

This bill, known as the "SHUSH Act," would completely remove firearm silencers (suppressors) and mufflers from federal regulation under both the National Firearms Act (NFA) and the Gun Control Act of 1968. If passed, the bill would eliminate federal registration, background checks, and taxing requirements specifically associated with purchasing or manufacturing a silencer, treating them instead as unregulated firearm accessories. It would also nullify state and local laws that tax, register, or require recordkeeping for silencers.

Summary

The "Silencers Help Us Save Hearing Act" (SHUSH Act) aims to deregulate firearm silencers and mufflers at the federal level. Under current federal law, silencers are classified as "firearms" and are heavily regulated under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). This classification requires buyers to pay a $200 tax, submit fingerprints and photos, undergo an extensive background check, and wait for ATF approval before taking possession of a silencer.

This bill eliminates these requirements by removing silencers from the statutory definitions of "firearms" under both tax law and criminal law. Additionally, the bill preempts state and local governments from imposing their own taxes, registration systems, or marking requirements on silencers, and excludes them from regulation by the Consumer Product Safety Commission.

Key Provisions

Removal from the National Firearms Act (NFA): Amends the Internal Revenue Code to remove silencers from the definition of a "firearm," thereby eliminating the mandatory NFA registration, ATF application process, and the $200 transfer tax.
Retroactive Tax Refunds: Provides that the elimination of the $200 transfer tax applies retroactively to transfers of silencers made up to two years prior to the bill's enactment.
Removal from the Gun Control Act (GCA): Amends Title 18 of the U.S. Code to exclude silencers and mufflers from the definition of a "firearm" under the GCA, removing them from federal licensing and standard commercial retail background check requirements.
Preemption of State and Local Laws: Explicitly invalidates any state or local law that imposes a tax, marking, recordkeeping, or registration requirement on the making, transferring, possessing, or transporting of a silencer.
Elimination of Criminal Penalties: Removes federal sentencing enhancements that impose mandatory minimum prison sentences for possessing or using a firearm equipped with a silencer during a federal crime of violence or drug trafficking offense.
Consumer Product Safety Commission Exclusion: Excludes silencers and mufflers from the definition of a "consumer product," preventing the Consumer Product Safety Commission from regulating them, matching the regulatory exemption currently applied to firearms.

Impact Analysis

On Consumers and the Firearms Market: For individuals purchasing silencers, the bill would eliminate the $200 federal tax, wait times, and registration paperwork. Silencers could be purchased over-the-counter or online and shipped directly to consumers' homes (subject to any basic state-level commerce laws that do not involve taxes, registries, or marking requirements). This would likely lead to a substantial increase in silencer ownership for hearing protection during hunting and sport shooting.
On State Gun Control Laws: The preemption clause would automatically strike down state-level registries, tax schemes, and special marking requirements for silencers. However, it does not explicitly prevent states from banning silencers outright, as the language targets laws that impose taxes, markings, recordkeeping, or registration as a "condition of lawfully making, transferring, using, possessing, or transporting" them.
On Federal Law Enforcement and Traceability: Because silencers would no longer be legally defined as firearms, manufacturers would not be federally required to stamp them with serial numbers, and licensed dealers would not be required to maintain records of sale. This would make silencers untraceable by law enforcement through federal databases.
On Criminal Justice: By removing specific mandatory minimum sentencing enhancements for crimes committed with a silencer, defendants facing federal charges for violent crimes or drug trafficking involving suppressed weapons would no longer face the severe automatic consecutive sentences currently mandated under 18 U.S.C. 924(c).

Co-Sponsors (8)

Co-Sponsor (R-SC)

Sen. Cassidy, Bill [R-LA]

Co-Sponsor (R-LA)

Sen. Cornyn, John [R-TX]

Co-Sponsor (R-TX)

Sen. Curtis, John R. [R-UT]

Co-Sponsor (R-UT)

Sen. Graham, Lindsey [R-SC]

Co-Sponsor (R-SC)

Sen. Marshall, Roger [R-KS]

Co-Sponsor (R-KS)

Sen. Ricketts, Pete [R-NE]

Co-Sponsor (R-NE)

Sen. Scott, Rick [R-FL]

Co-Sponsor (R-FL)

Bill Rendering

119 S345 IS: Silencers Help Us Save Hearing ActU.S. Senate2025-01-30text/xmlENPursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

119th CONGRESS

1st Session

S. 345

IN THE SENATE OF THE UNITED STATES

January 30, 2025 Mr. Lee (for himself, Mr. Scott of Florida, Mr. Ricketts, Mr. Curtis, and Mr. Marshall) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To provide that silencers be treated the same as firearms accessories.

This Act may be cited as the "Silencers Help Us Save Hearing Act" or the "SHUSH Act".

(a)

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)

(1)

Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act.

(2)

In the case of the tax imposed by section 5811 of the Internal Revenue Code of 1986, the amendments made by this section shall apply with respect to transfers after the date which is 2 years prior to the date of enactment of this Act.

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 (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.

.

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, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping, or registration requirement with respect to the firearm silencer, shall have no force or effect.".

(a)

Section 921(a) of title 18, United States Code, is amended—

(1)

in paragraph (3), by striking "(C) any firearm muffler or firearm silencer; or (D)" and inserting "or (C)"; and

(2)

by striking paragraph (25).

(b)

Section 924 of title 18, United States Code, is amended—

(1)

in subsection (c)(1)—

(A)

in subparagraph (B)(ii), by striking ‘‘, or is equipped with a firearm silencer or firearm muffler’’; and

(B)

in subparagraph (C)(ii), by striking ‘‘or is equipped with a firearm silencer or firearm muffler,’’; and

(2)

in subsection (o), by striking "or is equipped with a firearm silencer or muffler,".

(c)

Section 926B(e)(3) of title 18, United States Code, is amended—

(1)

in subparagraph (A), by adding "and" at the end;

(2)

by striking subparagraph (B); and

(3)

by redesignating subparagraph (C) as subparagraph (B).

(d)

Section 926C(e)(1)(C) of title 18, United States Code, is amended—

(1)

in clause (i), by adding "and" at the end;

(2)

by striking clause (ii); and

(3)

by redesignating clause (iii) as clause (ii).

Section 3(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) is amended—

(1)

in subparagraph (H), by striking "or" at the end;

(2)

in subparagraph (I), by striking "Act)." and inserting "; or"; and

(3)

by adding at the end the following:

(J)
any firearm muffler or firearm silencer (as such term is defined in section 5841(f) of the Internal Revenue Code of 1986).

.

Official Source

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