II 

118TH CONGRESS 

2D SESSION S. 4825 

To provide that silencers be treated the same as firearms accessories. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2024 

Mr. LEE (for himself, Mr. SCOTT of Florida, Mrs. BLACKBURN, and Mr. CORNYN) introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To provide that silencers be treated the same as firearms 

accessories. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Silencers Help Us Save 

5 Hearing Act’’ or the ‘‘SHUSH Act’’. 

6 SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. 

7 (a) IN GENERAL.—Section 5845(a) of the Internal 

8 Revenue Code of 1986 is amended by striking ‘‘(7) any 

9 silencer’’ and all that follows through ‘‘; and (8)’’ and in10 serting ‘‘and (7)’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by this section 

4 shall take effect on the date of enactment of this 

5 Act. 

6 (2) TRANSFERS.—In the case of the tax im7 posed by section 5811 of the Internal Revenue Code 

8 of 1986, the amendments made by this section shall 

9 apply with respect to transfers after the date which 

10 is 2 years prior to the date of enactment of this Act. 

11 SEC. 3. TREATMENT OF CERTAIN SILENCERS. 

12 Section 5841 of the Internal Revenue Code of 1986 

13 is amended by adding at the end the following: 

14 ‘‘(f) FIREARM SILENCERS.—A person acquiring or 

15 possessing a firearm silencer in accordance with chapter 

16 44 of title 18, United States Code, shall be treated as 

17 meeting any registration and licensing requirements of the 

18 National Firearms Act (as in effect on the day before the 

19 date of the enactment of this subsection) with respect to 

20 such silencer.’’. 

21 SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA22 TION TO FIREARM SILENCERS. 

23 Section 927 of title 18, United States Code, is 

24 amended by adding at the end the following: ‘‘Notwith25 standing the preceding sentence, a law of a State or a 


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1 political subdivision of a State that, as a condition of law2 fully making, transferring, using, possessing, or trans3 porting a firearm silencer in interstate or foreign com4 merce, imposes a tax on any such conduct, or a marking, 

5 recordkeeping, or registration requirement with respect to 

6 the firearm silencer, shall have no force or effect.’’. 

7 SEC. 5. SILENCERS AND MUFFLERS NOT TO BE FEDERALLY 

8 REGULATED. 

9 (a) DEFINITIONS.—Section 921(a) of title 18, United 

10 States Code, is amended— 

11 (1) in paragraph (3), by striking ‘‘(C) any fire12 arm muffler or firearm silencer; or (D)’’ and insert13 ing ‘‘or (C)’’; and 

14 (2) by striking paragraph (25). 

15 (b) PENALTIES.—Section 924 of title 18, United 

16 States Code, is amended— 

17 (1) in subsection (c)(1)— 

18 (A) in subparagraph (B)(ii), by striking ‘‘, 

19 or is equipped with a firearm silencer or fire20 arm muffler’’; and 

21 (B) in subparagraph (C)(ii), by striking 

22 ‘‘or is equipped with a firearm silencer or fire23 arm muffler,’’; and 

24 (2) in subsection (o), by striking ‘‘or is 

25 equipped with a firearm silencer or muffler,’’. 


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1 (c) CARRYING OF CONCEALED FIREARMS BY QUALI2 FIED LAW ENFORCEMENT OFFICERS.—Section 

3 926B(e)(3) of title 18, United States Code, is amended— 

4 (1) in subparagraph (A), by adding ‘‘and’’ at 

5 the end; 

6 (2) by striking subparagraph (B); and 

7 (3) by redesignating subparagraph (C) as sub8 paragraph (B). 

9 (d) CARRYING OF CONCEALED FIREARMS BY QUALI10 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 

11 926C(e)(1)(C) of title 18, United States Code, is amend12 ed— 

13 (1) in clause (i), by adding ‘‘and’’ at the end; 

14 (2) by striking clause (ii); and 

15 (3) by redesignating clause (iii) as clause (ii). 

16 SEC. 6. EXCEPTING SILENCERS FROM REGULATION BY THE 

17 CONSUMER PRODUCT SAFETY COMMISSION. 

18 Section 3(5) of the Consumer Product Safety Act (15 

19 U.S.C. 2052(a)(5)) is amended— 

20 (1) in subparagraph (H), by striking ‘‘or’’ at 

21 the end; 

22 (2) in subparagraph (I), by striking ‘‘Act).’’ 

23 and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(J) any firearm muffler or firearm si2 lencer (as such term is defined in section 

3 5841(f) of the Internal Revenue Code of 

4 1986).’’. 

Æ 


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