H.R.404 - Hearing Protection Act (119th Congress)
Summary
H.R.404, the Hearing Protection Act, aims to amend the Internal Revenue Code of 1986 and Title 18, United States Code, to remove silencers (also referred to as firearm mufflers) from the definition of firearms under certain federal laws. The bill seeks to eliminate certain taxes and registration requirements for silencers, treat them differently from other firearms, and preempt certain state laws related to silencers. It also mandates the destruction of existing silencer registration records held by the Attorney General.
Expected Effects
If enacted, the Hearing Protection Act would make it easier for individuals to acquire and possess firearm silencers by removing them from the purview of the National Firearms Act (NFA). This would reduce the regulatory burden and costs associated with silencer ownership. The Act could also lead to increased sales and use of silencers, potentially affecting public safety and noise pollution levels.
Potential Benefits
- Reduced regulatory burden and costs for law-abiding citizens who wish to own silencers.
- Increased accessibility of silencers for hunters and recreational shooters, potentially improving hearing protection.
- Preemption of certain state laws could create uniformity and simplify interstate commerce related to silencers.
- Potential for increased sales and manufacturing of silencers, boosting the firearms industry.
- Could reduce noise pollution at shooting ranges and during hunting activities.
Most Benefited Areas:
Potential Disadvantages
- Increased availability of silencers could potentially facilitate criminal activity by making firearms more difficult to trace and identify.
- Reduced regulation and oversight of silencers could lead to increased accidental injuries or misuse.
- Destruction of existing registration records could hinder law enforcement efforts to track and recover silencers used in crimes.
- Preemption of state laws could undermine state-level efforts to regulate silencers and address local concerns.
- Potential for increased noise pollution in areas where silencers are used more frequently.
Constitutional Alignment
The bill's alignment with the Constitution is complex. Proponents may argue it aligns with the Second Amendment, which protects the right to bear arms. The Supreme Court has affirmed this right, but also acknowledged the government's power to regulate firearms. The bill's preemption of state laws raises questions about federalism and the Tenth Amendment, which reserves powers not delegated to the federal government to the states. The Commerce Clause (Article I, Section 8) could be invoked to justify federal regulation of silencers due to their interstate commerce implications.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).