I 
119TH CONGRESS 
1ST SESSION H. R. 3228 
To amend the Internal Revenue Code of 1986 to remove silencers from 
the definition of firearms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2025 
Mr. CLYDE (for himself, Mr. HIGGINS of Louisiana, Mrs. MILLER of Illinois, 
Mr. NORMAN, Mr. BURLISON, Mr. HARRIS of Maryland, Mr. OGLES, Mr. 
STUTZMAN, Mr. BRECHEEN, Mr. CRANE, Mr. FINSTAD, Mr. MOORE of 
Alabama, Mr. RULLI, Mr. MCGUIRE, Mr. MCCLINTOCK, Mr. GILL of 
Texas, Mr. WIED, Mr. BEGICH, Mr. GOSAR, Mr. HARRIS of North Caro-
lina, Mr. SELF, Mrs. HARSHBARGER, Mr. HERN of Oklahoma, Mr. 
ZINKE, Mr. DOWNING, Mr. MASSIE, Mr. RESCHENTHALER, Mr. PERRY, 
Mr. STEUBE, Ms. TENNEY, Mr. ESTES, Mr. FEENSTRA, Mr. FULCHER, 
Mr. KELLY of Pennsylvania, Mr. MILLER of Ohio, Mr. ROY, Mr. 
SMUCKER, and Mr. KUSTOFF) introduced the following bill; which was re-
ferred 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 amend the Internal Revenue Code of 1986 to remove 
silencers from the definition of firearms, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Constitutional Hearing 
Protection Act’’. 
SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. 
(a) IN GENERAL.—Section 5845(a) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘(7) any 
silencer’’ and all that follows through ‘‘; and (8)’’ and in-
serting ‘‘and (7)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to calendar quarters beginning 
more than 90 days after the date of the enactment of this 
Act. 
SEC. 3. TREATMENT OF CERTAIN SILENCERS. 
Section 5841 of the Internal Revenue Code of 1986 
is amended by adding at the end the following: 
‘‘(f) FIREARM SILENCERS.—A person acquiring or 
possessing a firearm silencer in accordance with chapter 
44 of title 18, United States Code, shall be treated as 
meeting all registration and licensing requirements of the 
National Firearms Act with respect to such silencer.’’. 
SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELA-
TION TO FIREARM SILENCERS. 
Section 927 of title 18, United States Code, is 
amended by adding at the end the following: ‘‘Notwith-
standing the preceding sentence, a law of a State or a 
political subdivision of a State that imposes a tax, other 
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than a generally applicable sales or use tax, on making, 
transferring, using, possessing, or transporting a firearm 
silencer in or affecting interstate or foreign commerce, or 
imposes a marking, recordkeeping or registration require-
ment with respect to such a firearm silencer, shall have 
no force or effect.’’. 
SEC. 5. DESTRUCTION OF RECORDS. 
Not later than 365 days after the date of the enact-
ment of this Act, the Attorney General shall destroy any 
registration of a silencer maintained in the National Fire-
arms Registration and Transfer Record pursuant to sec-
tion 5841 of the Internal Revenue Code of 1986, any ap-
plication to transfer filed under section 5812 of the Inter-
nal Revenue Code of 1986 that identifies the transferee 
of a silencer, and any application to make filed under sec-
tion 5822 of the Internal Revenue Code of 1986 that iden-
tifies the maker of a silencer. 
SEC. 6. AMENDMENTS TO TITLE 18, UNITED STATES CODE. 
Title 18, United States Code, is amended— 
(1) in section 921(a), by striking paragraph 
(25) and inserting the following: 
‘‘(25)(A) The terms ‘firearm silencer’ and ‘fire-
arm muffler’ mean any device for silencing, muf-
fling, or diminishing the report of a portable fire-
arm, including the ‘keystone part’ of such a device. 
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ers shall identify by means of a serial number en-
graved or cast on the single keystone part of the 
firearm silencer or firearm muffler, in such manner 
as the Attorney General shall by regulations pre-
scribe, each firearm silencer or firearm muffler im-
ported or manufactured by such importer or manu-
facturer, except that, if a firearm silencer or firearm 
muffler does not have a clearly identifiable keystone 
part or has multiple keystone parts, licensed import-
ers or licensed manufacturers shall submit a request 
for a marking variance to the Attorney General. The 
Attorney General shall grant such a request except 
on showing good cause that marking the firearm si-
lencer or firearm muffler as requested would not 
further the purposes of this chapter.’’. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to place any firearms formerly reg-
ulated under chapter 53 of the Internal Revenue Code of 
1986 (the National Firearms Act) under the jurisdiction 
of the United States Consumer Product Safety Commis-
sion. 
Æ 
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