Constitutional Hearing Protection Act
- Sponsor
- Rep. Clyde, Andrew S. [R-GA-9]
- Committees
- Judiciary Committee (primary)
- Last action
- May 7, 2025
Bottom line
The bill federally deregulates firearm silencers, treating them more like conventional firearms under Title 18, and prohibits states from imposing their own NFA-like restrictions.
What it actually does
This bill significantly deregulates firearm silencers by removing them from the definition of 'firearm' under the National Firearms Act (NFA), thereby eliminating federal registration, transfer taxes, and strict background check requirements. It mandates the destruction of existing federal silencer records and preempts state or local laws that impose taxes, marking, recordkeeping, or registration requirements on silencers. The bill also amends Title 18 to include silencers under general firearm definitions and establishes new marking requirements for manufacturers.
Proponents argue
Supporters argue that silencers are primarily hearing protection devices and should not be subject to the burdensome and unconstitutional taxes and regulations of the National Firearms Act. They contend that this bill restores Second Amendment rights, reduces unnecessary government bureaucracy, and promotes safer shooting practices by making hearing protection more accessible to law-abiding citizens.
Opponents contend
Opponents contend that deregulating silencers would pose a significant public safety risk by making it easier for criminals to acquire and use them, making gunshots harder to detect, and hindering law enforcement's ability to trace firearms used in crimes. They argue that removing silencers from NFA oversight and destroying existing records would undermine critical gun control measures and endanger communities.
The bill is very short and straightforward to read, allowing for quick comprehension of its provisions.
Section 2(a)
Deregulation of Firearm Silencers under the National Firearms Act
This section amends the Internal Revenue Code of 1986 to remove 'any silencer' from the definition of 'firearm' under the National Firearms Act (NFA). This change means silencers would no longer be subject to the NFA's stringent registration, transfer taxes, and specialized background check requirements. The amendment is set to apply to calendar quarters beginning more than 90 days after the bill's enactment.
Supporters argue
Supporters argue this provision removes an unconstitutional and unnecessary tax and registration burden on an accessory that enhances safety by protecting hearing. They contend silencers are not inherently dangerous and should not be treated like machine guns or short-barreled rifles under the NFA.
Critics contend
Opponents argue that removing silencers from NFA regulation would make it easier for criminals to acquire them, potentially increasing gun violence and making firearms harder to trace. They contend that the NFA's strict controls are essential for public safety.
Tradeoffs
This provision balances Second Amendment rights and individual liberty against public safety concerns and the ability of law enforcement to track firearms.
Section 3
Streamlined Treatment for Silencer Acquisition and Possession
This section adds a new subsection to the Internal Revenue Code, specifying that a person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, will be treated as meeting all registration and licensing requirements of the National Firearms Act with respect to that silencer. This effectively means that if a silencer is legally obtained under general firearm laws, no NFA-specific registration or licensing is required.
Section 4
Federal Preemption of State Silencer Regulations
This section amends Title 18, United States Code, to preempt state or local laws that impose taxes (other than generally applicable sales or use taxes), marking, recordkeeping, or registration requirements on firearm silencers. This means that states and their political subdivisions would be prohibited from enacting or enforcing their own NFA-like regulations on silencers, ensuring a uniform federal standard.
Section 5
Mandated Destruction of Silencer Registration Records
This section mandates that the Attorney General destroy all silencer registration records maintained in the National Firearms Registration and Transfer Record, as well as any applications to transfer or make silencers, within 365 days after the Act's enactment. This would eliminate the federal government's existing database of silencer ownership.
Section 6
Amendments to Title 18 Definitions and Marking Requirements
This section amends Title 18, United States Code, to redefine 'firearm silencer' and 'firearm muffler' to explicitly include a 'keystone part,' which is defined as a single externally visible part essential for assembly, excluding interchangeable mounting parts. It also updates federal law to include silencers in the age restrictions for sales (18 U.S.C. 922(b)) and establishes new marking requirements for licensed importers and manufacturers. These manufacturers must engrave a serial number on the 'keystone part' or seek a marking variance from the Attorney General if no clear keystone part exists.