Hearing Protection Act Proposes Treating Silencers Like Regular Firearms, Orders Record Destruction

This bill, the Hearing Protection Act, fundamentally changes how firearm silencers (often called suppressors) are treated under federal law. If enacted, it would remove silencers from the stricter regulations of the National Firearms Act (NFA), aligning their treatment more closely with standard rifles and shotguns. Key provisions involve amending the Internal Revenue Code (Section 5845(a)) and federal criminal code (Title 18) to reflect this change, effective shortly after the bill becomes law.

Silencers: Off the NFA List, Into the Mainstream?

The biggest shift here is pulling silencers out from under the National Firearms Act's umbrella. Currently, buying a silencer involves a background check, fingerprinting, paying a $200 tax stamp, and registration with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This bill essentially says that if someone can legally buy a regular firearm, they meet the requirements to possess a silencer under the NFA (SEC. 3). The $200 NFA tax is replaced with a standard 10% excise tax on the manufacturer/importer sale price, similar to other firearms (SEC. 7). The definition of a silencer is also updated, focusing on devices intended to diminish a firearm's report that attach to the firearm, including the outer tube or primary housing (SEC. 6).

Erasing Records and Overriding State Rules

Two significant changes involve records and state authority. First, the bill mandates the Attorney General destroy all existing federal records related to silencer registration and transfer applications within one year of enactment (SEC. 5). This includes entries in the National Firearms Registration and Transfer Record. The practical effect is wiping out the current federal database tracking legally owned silencers. Second, the legislation explicitly prevents states or localities from imposing their own taxes (beyond general sales tax), registration, or specific marking requirements on silencers (SEC. 4). This preemption means federal rules would largely dictate silencer regulation nationwide, potentially nullifying stricter measures in some states.

Real-World Ripples: Access vs. Oversight

So, what does this mean for everyday life? For gun owners interested in using silencers, often cited for hearing protection during hunting or sport shooting, this bill could significantly reduce the cost and administrative hurdles involved in acquiring one. The process might become similar to buying a standard firearm, depending on state laws regarding background checks for all firearm types. However, the removal from NFA regulations and the mandatory destruction of registration records raise concerns about oversight. Law enforcement agencies currently use registration data; its elimination could make tracing silencers used in crimes more difficult. Furthermore, while the bill updates marking requirements for manufacturers (SEC. 6), allowing the Attorney General to grant variances if marking the outer tube is 'impractical' introduces some ambiguity. The preemption of state laws also means communities concerned about silencer proliferation would have fewer tools to regulate them locally.