HEAR Act
Bill: S.1131 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
Help Empower Americans to Respond Act of 2021 or the HEAR Act
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:
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.

To regulate firearm silencers and firearm mufflers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Help Empower Americans to Respond 
Act of 2021'' or the ``HEAR Act''.

SEC. 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)'' and inserting ``or (C)''; and
            (2) by inserting after paragraph (29) the following:
    ``(30) The term `qualified law enforcement officer' has the meaning 
given the term in section 926B.''.

SEC. 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.) for purposes of establishing and 
        maintaining an on-site physical protection system and security 
        organization required by Federal law, or possession by an 
        employee or contractor of such licensee on-site for such 
        purposes or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials; or
            ``(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' means an individual who is--
            ``(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)'' and inserting 
        ``(k), or (v)''; and
            (2) in paragraph (3)(E), by inserting ``922(v),'' after 
        ``922(n),''.

SEC. 4. PENALTIES.

    Section 924(a)(1)(B) of title 18, United States Code, is amended by 
striking ``or (q)'' and inserting ``(q), or (v)''.

SEC. 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)) is amended 
by adding at the end the following:
                    ``(I) 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 2021.''.
    (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.

SEC. 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.

SEC. 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.
                                 <all>