Sponsors (8)
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In paragraph (3), strike "(C) any firearm muffler or firearm silencer; or (D)" and insert "or (C)".
In subsection (c)(1): in subparagraph (B)(ii), strike ", or is equipped with a firearm silencer or firearm muffler"; and in subparagraph (C)(ii), strike "or is equipped with a firearm silencer or firearm muffler,".
In subsection (o), by striking "."
In subparagraph (A), add at the end "and"; strike subparagraph (B); redesignate subparagraph (C) as subparagraph (B).
In clause (i), add at the end "and"; strike clause (ii); redesignate clause (iii) as clause (ii).
Adds a sentence to 18 U.S.C. 927 preempting any State or political subdivision law that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in interstate or foreign commerce, imposes a tax or a marking, recordkeeping, or registration requirement; such State or local laws 'shall have no force or effect.'
Amends the definition of "consumer product" in 15 U.S.C. 2052(a)(5) by adding a new exclusion (J) to exclude any firearm muffler or firearm silencer (as defined in 26 U.S.C. 5841(f)) from the term "consumer product," and adjusts punctuation in existing subparagraphs (H) and (I) to accommodate the new item.
Adds a new subsection (f) to 26 U.S.C. §5841 providing that a person acquiring or possessing a firearm silencer in accordance with title 18, United States Code, is treated as meeting any registration and licensing requirements of the National Firearms Act as that Act existed the day before enactment of this subsection.
Amends 26 U.S.C. 5845(a) by striking the parenthetical item identifying silencers and the text that follows it, and inserting "; and (8)", thereby removing silencers from the enumerated list in the definition of "firearm."
Removes or narrows several federal references and regulatory requirements for firearm silencers and mufflers, treating possession or acquisition that complies with federal criminal law as satisfying older National Firearms Act (NFA) registration/licensing rules, and blocks states and localities from imposing certain taxes, markings, recordkeeping, or registration requirements on silencers in interstate or foreign commerce. It also amends the tax code wording and excludes firearm mufflers/silencers from the Consumer Product Safety Act so the Consumer Product Safety Commission cannot treat them as consumer products under that law. Most changes take effect on enactment, with a special rule about transfers covering transfers after a date two years before enactment.
Amends a provision of the Internal Revenue Code by striking the text "(7) any silencer" and all that follows through and inserting "; and (8)" into that subsection.
Except as provided in the transfers paragraph, the amendments made by this section take effect on the date of enactment of this Act.
For the tax imposed under the Internal Revenue Code (referenced as section 5811), the amendments apply with respect to transfers after the date which is two years prior to the date of enactment of this Act.
Adds a new subsection (f) to section 5841 of the Internal Revenue Code providing that a person who acquires or possesses a firearm silencer in accordance with title 18, United States Code, is treated as meeting any registration and licensing requirements of the National Firearms Act (NFA) with respect to that silencer.
Amends Section 927 of title 18, United States Code, by adding a new sentence that creates the rule described in this section.
Who is affected and how:
Firearm owners and purchasers: Individuals who acquire or possess firearm silencers may face fewer federal registration/formalities under the National Firearms Act framework as reinterpreted by this legislation, and may see simpler interstate acquisition because some state/local requirements will be preempted for silencers in interstate or foreign commerce.
Firearm manufacturers, importers, and dealers: Businesses that make, import, distribute, or sell firearm mufflers and silencers will likely see reduced federal statutory burdens, and may be able to move product across state lines with fewer state-level taxes, markings, or registration requirements. They will need to track new federal language, agency guidance, and any litigation or administrative rule changes.
State and local governments: The bill constrains state and local authority by invalidating taxes and certain regulatory requirements that would apply to silencers in interstate or foreign commerce, reducing the ability of subnational governments to regulate or collect fees related to silencers.
Federal agencies: Treasury/IRS, DOJ/ATF, and the Consumer Product Safety Commission will need to adjust enforcement, guidance, and regulatory interpretations. CPSC loses a statutory basis to regulate silencers as consumer products under the Consumer Product Safety Act.
Law enforcement and concealed-carry policy: Changes to Title 18 text used in concealed-carry and qualifying-officer rules may alter how silencers/mufflers are treated in eligibility or exemption provisions for qualified and retired officers, requiring agencies and issuing authorities to revise forms and guidance.
Potential secondary effects and risks:
Increased interstate commerce and availability of silencers could follow, with impacts on supply chains and retail markets.
Preemption and deregulatory moves may prompt legal challenges from states or interest groups over federal authority and the bill's effect on public safety regulation.
Reduced recordkeeping and marking requirements could affect traceability and law enforcement investigations; agencies may need new administrative tools to address this.
The statutory changes cross several laws, so implementation will require coordinated administrative action and possibly clarifying regulations or litigation to settle ambiguous interactions with existing regulatory frameworks.
Read twice and referred to the Committee on Finance.
Introduced January 30, 2025 by Mike Lee · Last progress January 30, 2025
Expand sections to see detailed analysis
SHUSH Act
Read twice and referred to the Committee on Finance.
Introduced in Senate