I 
115TH CONGRESS 
1ST SESSION 
H. R. 367 
To provide that silencers be treated the same as long guns. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2017 
Mr. DUNCAN of South Carolina (for himself, Mr. CARTER of Texas, Mr. GENE 
GREEN of Texas, Mr. AUSTIN SCOTT of Georgia, Mr. BIGGS, Mr. GOSAR, 
Mr. HUDSON, Mr. LAMALFA, Mr. HARRIS, Mr. WESTERMAN, Mr. 
OLSON, Mr. CHAFFETZ, Mr. HENSARLING, Mr. CARTER of Georgia, Mr. 
LABRADOR, Mr. BROOKS of Alabama, Mr. SMITH of Texas, Mr. BISHOP 
of Utah, Mr. BRAT, Mr. ABRAHAM, Mr. PALMER, Mrs. LOVE, Mr. 
BRIDENSTINE, Mr. STEWART, Mr. MARSHALL, Mr. EMMER, Mr. 
RATCLIFFE, Mr. JODY B. HICE of Georgia, Mr. BUCK, Mr. WEBER of 
Texas, Mr. MESSER, Mr. MOONEY of West Virginia, Mr. DESANTIS, Mr. 
NEWHOUSE, Mr. SMITH of Missouri, Mr. GRAVES of Georgia, Mr. LAM-
BORN, Mr. WENSTRUP, Mr. ROGERS of Alabama, Mr. DESJARLAIS, Mr. 
MASSIE, Mr. KING of Iowa, Mr. GOHMERT, and Mr. YODER) 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide that silencers be treated the same as long guns. 
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 ‘‘Hearing Protection 
Act of 2017’’. 
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.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendment made by 
this section shall take effect on the date of the en-
actment of this Act. 
(2) TRANSFERS.—In the case of the tax im-
posed by section 5811 of such Code, the amendment 
made by this section shall apply with respect to 
transfers after October 22, 2015. 
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 any registration and licensing requirements of the 
National Firearms Act (as in effect on the day before the 
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date of the enactment of this subsection) 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, as a condition of law-
fully making, transferring, using, possessing, or trans-
porting a firearm silencer in or affecting interstate or for-
eign 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 ef-
fect.’’. 
Æ 
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