HEAR Act of 2023

To regulate firearm silencers and firearm mufflers. 1. Short title This Act may be cited as the Help Empower Americans to Respond Act of 2023 HEAR Act of 2023 2. Definitions Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (3), by striking (C) any firearm muffler or firearm silencer; or (D) or (C) (2) by adding at the end the following: (38) The term qualified law enforcement officer . 3. Restrictions on firearm silencers and firearm mufflers (a) In general Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) Except as provided in paragraph (2), it shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a firearm silencer or firearm muffler. (2) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (C) the importation for, manufacture for, sale to, transfer to, or possession by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (3) For purposes of paragraph (2)(A), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. . (b) Seizure and forfeiture of firearm silencers and firearm mufflers Section 924(d) of title 18, United States Code, is amended— (1) in paragraph (1), by striking or (k) (k), or (v) (2) in paragraph (3)(E), by inserting 922(v), 922(n), 4. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) (q), or (v) 5. Use of Byrne grants for buy-back programs for firearm silencers and firearm mufflers (a) In general Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) (J) Compensation for surrendered firearm silencers and firearm mufflers, as those terms are defined in section 921 of title 18, United States Code, under the buy-back program for firearm silencers and firearm mufflers required under section 5(b) of the Help Empower Americans to Respond Act of 2023 . (b) Requirement During the 90-day period described in section 6, the Attorney General shall establish and implement a buy-back program, to be carried out across the United States, to purchase firearm silencers and firearm mufflers (as defined in section 921(a) of title 18, United States Code) from individuals seeking to comply with the requirements of this Act and the amendments made by this Act. 6. Effective date The amendments made by sections 2, 3, and 4 shall take effect on the date that is 90 days after the date of enactment of this Act. 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Summary: Help Empower Americans to Respond Act of 2023 or the HEAR Act of 2023 This bill establishes a new criminal offense for the import, sale, manufacture, transfer, or possession of a firearm silencer or firearm muffler. The bill does not prohibit certain conduct with respect to a firearm silencer or firearm muffler, including the following: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; and importation, sale, transfer, or possession related to securing nuclear materials. In addition, the bill requires the Department of Justice to establish and implement a buy-back program to purchase firearm silencers and firearm mufflers. States and local governments may use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender firearm silencers and firearm mufflers under this buy-back program.