HR3228-119

What This Bill Does

The Constitutional Hearing Protection Act changes federal treatment of firearm silencers. A person acquiring or possessing a silencer in accordance with chapter 44 of title 18 would be treated as meeting National Firearms Act registration and licensing requirements for that silencer. The bill preempts state or local laws that impose silencer-specific taxes, marking, recordkeeping, or registration requirements, other than generally applicable sales or use taxes. It also revises the title 18 definition of firearm silencer or firearm muffler to include the keystone part and requires licensed importers and manufacturers to mark the single externally visible keystone part with a serial number, with an Attorney General variance process if the silencer lacks a clear keystone part or has multiple keystone parts.

Who Benefits and How

Firearm silencer buyers benefit because chapter 44 compliance would satisfy National Firearms Act registration and licensing for silencers. Firearm silencer manufacturers benefit from a keystone-part marking rule that identifies which component must carry the serial number. Licensed firearm dealers benefit because silencer transfers would be closer to ordinary firearms transactions under chapter 44. Gun-rights organizations benefit because the bill preempts state silencer-specific taxes and registration rules.

Who Bears the Burden and How

State firearm regulators lose authority to enforce silencer-specific taxes, marking, recordkeeping, or registration requirements. ATF firearms staff must administer the revised federal treatment and marking variance process. Licensed silencer importers must engrave or cast serial numbers on keystone parts or seek marking variances. Gun-control advocacy organizations bear policy burden because the bill reduces National Firearms Act and state-law controls on silencers.

Key Provisions

• Provides that chapter 44-compliant silencer possession satisfies National Firearms Act registration and licensing requirements.
• Blocks state and local silencer-specific taxes, marking rules, recordkeeping rules, and registration requirements.
• Adds a keystone-part definition for firearm silencers and firearm mufflers.
• Requires licensed importers and manufacturers to mark the keystone part with a serial number or obtain an Attorney General variance.