Hearing Protection Act of 2017

Bill: 115-hr-3139
Sponsor: full_name: Rep. King, Steve [R-IA-4]
Introduced: 2017-06-29
Policy area: Transportation and Public Works
Subjects: Crime and Law Enforcement

Federal preemption

Firearms and explosives

Law enforcement officers

Licensing and registrations

Sales and excise taxes

State and local taxation
Latest action: action_date: 2017-07-24
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2017-06-29
action_desc: Introduced in House
text: <p><b>Hearing Protection Act of 2017</b></p> <p>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.</p> <p>Additionally, the bill amends the federal criminal code:</p> <ul> <li>to preempt state or local laws that tax or regulate firearm silencers, </li> <li>to exclude a muffler or silencer from the list of firearms subject to regulation, </li> <li>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 </li> <li>to permit active and retired law enforcement officers to carry a concealed silencer. </li> </ul>

tv_txt: I 115th CONGRESS 1st Session H. R. 3139 IN THE HOUSE OF REPRESENTATIVES June 29, 2017 Mr. King of Iowa (for himself, Mr. Banks of Indiana , Mr. Franks of Arizona , Mr. Massie , Mr. Buck , and Mr. Gohmert ) 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 consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL 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) of the Internal Revenue Code of 1986 is amended by striking (7) any silencer and all that follows through ; and (8) and inserting ; 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 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 date of the enactment of this subsection) with respect to such silencer. . 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) and inserting or (C) ; and (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 ; and (B) in paragraph (1)(C), by striking or is equipped with a firearm silencer or firearm muffler, ; and (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 at the end; (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 at the end; and (2) by striking clause (ii).