I 

116TH CONGRESS 

1ST SESSION H. R. 775 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2019 

Mr. KING of Iowa introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 


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1 silencer’’ and all that follows through ‘‘; and (8)’’ and in2 serting ‘‘; and (7)’’. 

3 (b) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the amendment made by 

6 this section shall take effect on the date of the en7 actment of this Act. 

8 (2) TRANSFERS.—In the case of the tax im9 posed by section 5811 of such Code, the amendment 

10 made by this section shall apply with respect to 

11 transfers after October 22, 2015. 

12 SEC. 3. TREATMENT OF CERTAIN SILENCERS. 

13 Section 5841 of the Internal Revenue Code of 1986 

14 is amended by adding at the end the following: 

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

16 possessing a firearm silencer in accordance with Chapter 

17 44 of title 18, United States Code, shall be treated as 

18 meeting any registration and licensing requirements of the 

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

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

21 such silencer.’’. 

22 SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA23 TION TO FIREARM SILENCERS. 

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

25 amended by adding at the end the following: ‘‘NotwithVerDate Sep 11 2014 01:47 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H775.IH H775

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1 standing the preceding sentence, a law of a State or a 

2 political subdivision of a State that, as a condition of law3 fully making, transferring, using, possessing, or trans4 porting a firearm silencer in or affecting interstate or for5 eign commerce, imposes a tax on any such conduct, or a 

6 marking, recordkeeping or registration requirement with 

7 respect to the firearm silencer, shall have no force or ef8 fect.’’. 

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

10 REGULATED. 

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

12 States Code, is amended— 

13 (1) in paragraph (3), by striking ‘‘(C) any fire14 arm muffler or firearm silencer; or (D)’’ and insert15 ing ‘‘or (C)’’; and 

16 (2) by striking paragraph (24). 

17 (b) PENALTIES.—Section 924 of such title is amend18 ed— 

19 (1) in subsection (c)(1)— 

20 (A) in paragraph (1)(B)(ii) by striking ‘‘, 

21 or is equipped with a firearm silencer or fire22 arm muffler’’; and 

23 (B) in paragraph (1)(C), by striking ‘‘or is 

24 equipped with a firearm silencer or firearm 

25 muffler,’’; and 


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

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

3 (c) CARRYING OF CONCEALED FIREARMS BY QUALI4 FIED LAW ENFORCEMENT OFFICERS.—Section 

5 926B(e)(3) of such title is amended— 

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

7 the end; 

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

9 (3) by redesignating subparagraph (C) as sub10 paragraph (B). 

11 (d) CARRYING OF CONCEALED FIREARMS BY QUALI12 FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 

13 926C(e)(1)(C) of such title is amended— 

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

15 and 

16 (2) by striking clause (ii). 

Æ 


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