Overview

Title

To amend the Internal Revenue Code of 1986 to remove silencers from the definition of firearms, and for other purposes.

ELI5 AI

H.R. 404 wants to change the rules around "silencers," which are special parts for guns that make them quieter, by not calling them firearms anymore, so they would have fewer rules to follow. It also plans to get rid of some papers and fees related to silencers and asks for a small tax when they are sold.

Summary AI

H.R. 404, also known as the "Hearing Protection Act," aims to change how firearm silencers are regulated in the United States. It proposes amending the Internal Revenue Code to stop classifying silencers as firearms, which means they would no longer be subject to certain federal restrictions. The bill also seeks to remove state taxes and registration requirements on silencers, and mandates the destruction of existing records pertaining to silencer registrations. Additionally, it outlines specific identification requirements for manufacturers of silencers and imposes a tax on their sale.

Published

2025-01-15
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-01-15
Package ID: BILLS-119hr404ih

Bill Statistics

Size

Sections:
7
Words:
1,532
Pages:
7
Sentences:
30

Language

Nouns: 448
Verbs: 119
Adjectives: 89
Adverbs: 5
Numbers: 55
Entities: 112

Complexity

Average Token Length:
3.95
Average Sentence Length:
51.07
Token Entropy:
4.92
Readability (ARI):
26.10

AnalysisAI

General Summary of the Bill

The proposed legislation, titled the "Hearing Protection Act," seeks to amend the Internal Revenue Code of 1986 to change how silencers are categorized and regulated. Primarily, the bill proposes to remove silencers from the definition of firearms, treating them instead as distinct entities. Additionally, it aims to preempt certain state laws related to silencers, destroy existing records of silencer registration, and impose a tax on silencers and mufflers. The bill also includes technical amendments to federal firearms definitions and registration requirements.

Summary of Significant Issues

One of the major issues with the bill is its potential encroachment on states' rights. By preempting state laws that impose special regulations or taxes on silencers, the bill might be seen as an overreach of federal authority, which could lead to legal challenges and controversy.

Another significant concern lies in the provision to destroy records of silencer registrations within a set timeframe. This could raise transparency and accountability issues, creating ambiguities about oversight and possibly conflicting with other record retention laws.

The language used in several sections is technical and lacks sufficient clarity, particularly in defining what constitutes a silencer and how they are distinct from other firearms or devices. This lack of clarity could result in inconsistencies in regulation and enforcement, complicating compliance efforts.

Impact on the Public

The bill's potential impact on the public is multi-faceted. On one hand, it could simplify the regulatory framework for silencers, making them more accessible. This might appeal to certain segments of the public who view silencers as a tool for hearing protection during shooting activities. On the other hand, increased accessibility without stringent registration and licensing could raise public safety concerns. This may worry those who feel that removing silencers from the firearms definition could lead to challenges in law enforcement and public safety.

Impact on Specific Stakeholders

For gun owners and firearm enthusiasts, especially those advocating for fewer restrictions on silencers, the bill presents potential positive changes. It might lead to easier procurement and use of silencers without the current regulatory burdens. Additionally, these stakeholders might appreciate the tax structure, although they may experience confusion due to the lack of specifics on the articles being taxed.

Conversely, state governments that benefit from imposing special taxes on silencers could face financial implications due to the federal preemption of such taxes. This aspect might also stir opposition from state-level lawmakers and officials who view it as a reduction of state autonomy.

For law enforcement and public safety advocates, the bill’s relaxation of registration requirements could be troubling. The destruction of records and less stringent oversight might complicate their efforts to monitor and track silencer usage, potentially impacting crime investigation processes.

In conclusion, while the "Hearing Protection Act" aims to streamline the treatment of silencers differently from firearms, the proposed changes raise complex issues regarding states' rights, public safety, and regulatory clarity. The repercussions of its implementation will likely be felt across various sectors and could provoke substantial debate.

Issues

  • The amendment to preempt certain state laws related to firearm silencers (Section 4) by nullifying state taxes or regulations, except for generally applicable sales or use taxes, might raise significant controversy regarding states' rights and federal overreach.

  • The bill's provision for the destruction of records related to firearm silencers within 365 days of enactment (Section 5) could lead to legal ambiguities and concerns about transparency, oversight, and conflict with other legal requirements for record retention.

  • The lack of clear definitions and distinctions between silencers and other firearms or devices in Section 2 and Section 6 may lead to regulatory inconsistencies and enforcement challenges.

  • The potential bypass of standard registration and licensing requirements for firearm silencers in Section 3 might raise concerns about oversight and regulatory compliance, impacting public safety.

  • The imposition of a 10 percent tax on firearm silencers or mufflers without specifying the articles being taxed (Section 7) could lead to confusion and implications for revenue collection and financial impact.

  • The complexity and legal jargon in Section 4 might make the bill challenging for non-legal professionals to understand, potentially reducing public awareness and engagement with the legislation.

  • The proposed amendments affecting technical aspects of the Internal Revenue Code (Section 6) and lack of clarity about budget or resources required for enforcement might impact the bill's implementation and effectiveness.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act states its short title, which is the "Hearing Protection Act".

2. Equal treatment of silencers and firearms Read Opens in new tab

Summary AI

The section proposes to change the Internal Revenue Code so that silencers are treated the same way as firearms, effective 90 days after the law is enacted.

3. Treatment of certain silencers Read Opens in new tab

Summary AI

People who buy or own a firearm silencer according to certain rules of the United States Code will automatically fulfill any registration and licensing requirements for that silencer under the National Firearms Act.

4. Preemption of certain State laws in relation to firearm silencers Read Opens in new tab

Summary AI

Certain state laws imposing special taxes or registration rules on firearm silencers will not be enforceable if they affect interstate or foreign trade, according to an amendment to Section 927 of title 18 of the U.S. Code.

5. Destruction of records Read Opens in new tab

Summary AI

The Attorney General is required to destroy certain records related to silencers, such as registrations and transfer applications, no later than 365 days after this specific law is enacted. These records are part of the National Firearms Registration and Transfer Record and refer to sections of the Internal Revenue Code from 1986.

6. Amendments to title 18, United States Code Read Opens in new tab

Summary AI

The amendments to Title 18 of the United States Code redefine "firearm silencer" and "firearm muffler," expand where these terms are included in the law, and require them to be marked with a serial number for identification purposes, unless deemed impractical by the Attorney General.

7. Imposition of tax on firearm silencers or firearm mufflers Read Opens in new tab

Summary AI

The section proposes adding a 10% tax on firearm silencers and mufflers by amending Section 4181 of the Internal Revenue Code. It also updates several related sections to ensure these items are included, with the changes taking effect more than 90 days after the legislation's enactment.