SHUSH Act

Bill: 117-s-1101
Sponsor: full_name: Sen. Lee, Mike [R-UT]
Introduced: 2021-04-13
Policy area: Crime and Law Enforcement
Subjects: Federal preemption

Firearms and explosives

Law enforcement officers

Licensing and registrations

Sales and excise taxes

State and local taxation
Latest action: action_date: 2021-04-13
text: Read twice and referred to the Committee on Finance.

Summaries:
action_date: 2021-04-13
action_desc: Introduced in Senate
text: <p><b>Silencers Help Us Save Hearing Act or the SHUSH Act</b></p> <p>This bill modifies the treatment of silencers under federal statutes governing the sale, transfer, and possession of firearms.</p> <p>Specifically, it removes silencers from the list of firearms subject to regulation (i.e., registration and licensing requirements) under the National Firearms Act (NFA). Additionally, it excludes a muffler or silencer from the list of firearms subject to regulation (e.g., background check requirements) under the Gun Control Act of 1968 (GCA).</p> <p>Finally, the bill does the following: </p> <ul> <li>preempts state or local laws that tax or regulate firearm silencers, </li> <li>specifies that a person who lawfully acquires or possesses a silencer under provisions of the GCA meets the registration and licensing requirements of the NFA,</li> <li>eliminates 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 or muffler, and </li> <li>permits active and retired law enforcement officers to carry a concealed silencer. </li></ul>

tv_txt: II 117th CONGRESS 1st Session S. 1101 IN THE SENATE OF THE UNITED STATES April 13, 2021 Mr. Lee (for himself, Mr. Cruz , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide that silencers be treated the same as firearms accessories.

1. Short title This Act may be cited as the Silencers Help Us Save Hearing Act or the SHUSH Act . 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 The amendment made by this section shall take effect on the date of enactment of this Act. (2) Transfers In the case of the tax imposed by section 5811 of the Internal Revenue Code of 1986, 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 title 18, United States Code, is amended— (1) in subsection (c)(1)— (A) in subparagraph (B)(ii) by striking ‘‘, or is equipped with a firearm silencer or firearm muffler’’; and (B) in subparagraph (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 title 18, United States Code, 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 title 18, United States Code, is amended— (1) in clause (i) by adding and at the end; (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii).