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H.R. 3139House115th Congress (2017-2019)In Committee

Hearing Protection Act of 2017

Sponsored by Steve KingRep. Steve King (R-IA)
Introduced June 29, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:00 PM UTC

The Hearing Protection Act of 2017 would change how firearm silencers (also called mufflers) are regulated under federal law. It would treat silencers the same as other firearm accessories for tax purposes, remove many federal registration and penalty requirements, and block states from imposing their own taxes or registration rules on silencers. The changes would affect anyone who makes, transfers, possesses, or uses a silencer in the United States.

Key Provisions

  • Amends the Internal Revenue Code so silencers are no longer listed as a separate taxable item, putting them in the same category as other firearm accessories.
  • Allows a person who legally acquires a silencer under existing federal law to meet any required registration or licensing without additional steps.
  • Preempts state laws that try to tax, register, or otherwise regulate silencers, making those state requirements ineffective.
  • Removes silencers and mufflers from several federal definitions and penalties, effectively eliminating federal criminal penalties specifically for possessing or using a silencer.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Crime and Federal Government Surveillance Subcommittee

July 24, 2017

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HouseIntro Referral

Introduced in House

June 29, 2017

HouseIntro Referral

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.

Ways and Means Committee

June 29, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Crime and Federal Government Surveillance Subcommittee

July 24, 2017

Bill Text

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Introduced in HouseIssued June 29, 2017

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).