Hearing Protection Act

Summary

Removes firearm silencers from the federal National Firearms Act (NFA) definition of “firearm,” treats compliance with the federal criminal rules for silencers as satisfying NFA registration/licensing for silencers, preempts state and local taxes/marking or registration rules for silencers that affect interstate or foreign commerce, requires the Attorney General to destroy federal silencer registration and transfer records within one year, adds federal definitions and serial-number marking rules for silencers, and creates a new 10% federal excise tax category for silencers sold by manufacturers or importers. Some changes to tax and statutory definitions apply to calendar quarters beginning more than 90 days after enactment; the Attorney General must destroy existing silencer records within 365 days of enactment. Other provisions create new federal marking and transfer requirements and change which federal rules govern silencer transfers and registration.

• Silencers are removed from the statutory NFA definition of “firearm.”
• Compliance with federal Title 18 silencer rules is treated as satisfying NFA registration and licensing for silencers.
• State and local laws that single out silencers for special taxes or marking/registration (in interstate/foreign commerce) are preempted.
• The Attorney General must destroy federal records that identify silencer owners, makers, and transferees within 365 days.
• Licensed importers and manufacturers must mark silencers with a serial number on the outer tube or primary housing part, under AG rules.
• Silencers and mufflers are placed into a new 10% federal excise tax category for items sold by manufacturers or importers.
• Some tax and definition changes take effect for calendar quarters beginning more than 90 days after enactment.
• Federal enforcement and recordkeeping practices for silencers are substantially changed, affecting law enforcement access to historical registration data.