H.R. 3228

119th CONGRESS 1st Session

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 · Sponsor: Mr. Clyde

H.R. 3228

SEC. 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
- of the Internal Revenue Code of 1986 is amended by striking (7) any silencerand all that follows through and inserting ; and (8). Section 5845(a)
(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

of the Internal Revenue Code of 1986 is amended by adding at the end the following: Section 5841
- (f) Firearm silencers
  - A person acquiring or possessing a firearm silencer in accordance with 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. chapter 44

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 of the Internal Revenue Code of 1986, any application to transfer filed under of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under of the Internal Revenue Code of 1986 that identifies the maker of a silencer. section 5841; section 5812; section 5822

SEC. 6. Amendments to title 18, United States Code

Title 18, United States Code, is amended—
- (25)
  - The terms and mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the of such a device. keystone part firearm silencer,firearm muffler
  - 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.
- in section 921(a), by striking paragraph (25) and inserting the following:
- in section 922(b)—
  - in paragraph (1), by striking the first place it appears and inserting shotgun, rifle, firearm silencer or firearm muffler; and
  - in paragraph (3), by striking rifle or shotgunand inserting shotgun, rifle, firearm silencer or firearm muffler; and
- in section 923(i)—
  - by striking and inserting the following:
    - In the case of a firearm other than a firearm silencer or firearm muffler, licensed
    - 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.
  - by adding at the end the following:

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 of the Internal Revenue Code of 1986 (the National Firearms Act) under the jurisdiction of the United States Consumer Product Safety Commission. chapter 53