Hearing Protection Act of 2017

To provide that silencers be treated the same as firearms accessories. 1. Short title This Act may be cited as the Hearing Protection Act of 2017 2. Equal treatment of silencers and firearms (a) In general Section 5845(a) (7) any silencer ; and (8) ; and (7) (b) Effective date (1) In general Except as otherwise provided in this subsection, the amendment made by this section shall take effect on the date of the enactment of this Act. (2) Transfers In the case of the tax imposed by section 5811 of such Code, the amendment made by this section shall apply with respect to transfers after October 22, 2015. 3. Treatment of certain silencers Section 5841 (f) Firearm silencers A person acquiring or possessing a firearm silencer in accordance with Chapter 44 . 4. Preemption of certain State laws in relation to firearm silencers Section 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect. 5. Silencers and mufflers not to be Federally regulated (a) 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 striking paragraph (24). (b) Penalties Section 924 of such title is amended— (1) in subsection (c)(1)— (A) in paragraph (1)(B)(ii) by striking , or is equipped with a firearm silencer or firearm muffler (B) in paragraph (1)(C), by striking or is equipped with a firearm silencer or firearm muffler, (2) in subsection (o), by striking or is equipped with a firearm silencer or muffler, (c) Carrying of concealed firearms by qualified law enforcement officers Section 926B(e)(3) of such title is amended— (1) in subparagraph (A), by adding and (2) by striking subparagraph (B); and (3) by redesignating subparagraph (C) as subparagraph (B). (d) Carrying of concealed firearms by qualified retired law enforcement officers Section 926C(e)(1)(C) of such title is amended— (1) in clause (i), by adding and (2) by striking clause (ii).

Summary: Hearing Protection Act of 2017 This bill amends the Internal Revenue Code: (1) to remove silencers from the list of firearms subject to regulation under the National Firearms Act (NFA), and (2) to specify that a person who lawfully acquires or possesses a silencer under provisions of the federal criminal code meets the registration and licensing requirements of the NFA. Additionally, the bill amends the federal criminal code: to preempt state or local laws that tax or regulate firearm silencers, to exclude a muffler or silencer from the list of firearms subject to regulation, to eliminate mandatory minimum prison terms for a crime of violence or drug trafficking offense in which a defendant uses or carries a firearm equipped with a silencer, and to permit active and retired law enforcement officers to carry a concealed silencer.