The "SHUSH Act" removes silencers from the definition of firearms, treating them as firearm accessories, and overrides state laws that conflict with federal regulations, while also exempting silencers from regulation by the Consumer Product Safety Commission.
Mike Lee
Senator
UT
The "SHUSH Act" seeks to deregulate firearm silencers by removing them from the definition of firearms under federal law, thus treating them as firearm accessories. It preempts state laws that impose taxes, marking, registration, or record-keeping on silencers, and removes silencers from regulation by the Consumer Product Safety Commission. The Act also eliminates additional penalties for using a firearm with a silencer during a crime and removes silencer restrictions for law enforcement officers.
The "Silencers Help Us Save Hearing Act," or SHUSH Act, is on the move, and it's packing some serious changes. This bill aims to completely deregulate firearm silencers by taking them off the list of items controlled by the National Firearms Act (NFA). Basically, it treats silencers like firearm accessories, not firearms themselves. This shift has immediate and wide-ranging effects, so let's break it down.
The core of the bill revolves around removing silencers from the definition of "firearms" under the NFA (SEC. 2). This means no more federal registration, licensing, or taxes on silencers. The bill also wipes out any additional penalties for using a silencer during a crime (SEC. 5). For example, someone caught committing a robbery with a silenced weapon wouldn't face extra charges specifically related to the silencer, a significant change from current law.
One of the most impactful parts of the SHUSH Act is how it deals with state laws. Section 4 directly states that if a silencer is legally made, transferred, used, or possessed under federal law (which, under this bill, would be very lenient), then state and local governments cannot impose their own taxes, registration rules, or record-keeping requirements. This effectively nullifies any stricter state-level controls on silencers. Imagine a state like California, which currently has tight regulations, suddenly having to allow silencers without any local oversight. That's the potential impact.
Beyond the NFA changes, the SHUSH Act also takes the Consumer Product Safety Commission (CPSC) out of the equation (SEC. 6). This means no federal agency will be checking the safety or quality of silencers. The justification seems to be that since they're being treated as accessories, they don't need the same oversight as, say, a toaster or a car seat. However, the practical effect is that there's no consumer protection against faulty or dangerous silencers hitting the market.
While proponents might argue this simplifies things for law-abiding gun owners, the practical implications are concerning. Fewer regulations could mean easier access to silencers, potentially increasing their use in crimes. The removal of federal oversight raises questions about product safety. The bill also overrides state laws. The SHUSH Act represents a major shift in how silencers are handled in the U.S., and it's a shift that could have significant consequences for public safety and state autonomy.