II 

116TH CONGRESS 

1ST SESSION S. 202 

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2019 

Mr. LEE (for himself, Mr. CRAPO, Mr. RISCH, Mr. CORNYN, Mr. CRUZ, and 

Mr. PAUL) 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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•S 202 IS

1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by 

3 this section shall take effect on the date of enact4 ment of this Act. 

5 (2) TRANSFERS.—In the case of the tax im6 posed by section 5811 of the Internal Revenue Code 

7 of 1986, the amendment made by this section shall 

8 apply with respect to transfers after October 22, 

9 2015. 

10 SEC. 3. TREATMENT OF CERTAIN SILENCERS. 

11 Section 5841 of the Internal Revenue Code of 1986 

12 is amended by adding at the end the following: 

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

14 possessing a firearm silencer in accordance with chapter 

15 44 of title 18, United States Code, shall be treated as 

16 meeting any registration and licensing requirements of the 

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

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

19 such silencer.’’. 

20 SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA21 TION TO FIREARM SILENCERS. 

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

23 amended by adding at the end the following: ‘‘Notwith24 standing the preceding sentence, a law of a State or a 

25 political subdivision of a State that, as a condition of lawVerDate Sep 11 2014 01:51 Jan 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S202.IS S202

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1 fully making, transferring, using, possessing, or trans2 porting a firearm silencer in or affecting interstate or for3 eign commerce, imposes a tax on any such conduct, or a 

4 marking, recordkeeping, or registration requirement with 

5 respect to the firearm silencer, shall have no force or ef6 fect.’’. 

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 (24). 

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), by striking ‘‘or is 

22 equipped with a firearm silencer or firearm 

23 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). 

Æ 


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