S.364 - Hearing Protection Act (119th Congress)
Summary
The Hearing Protection Act (S.364) aims to remove silencers from the definition of firearms under the Internal Revenue Code, treating them more like standard firearm accessories. It also seeks to preempt certain state laws related to silencer taxation, marking, recordkeeping, and registration. Furthermore, it mandates the destruction of existing silencer registration records held by the Attorney General.
Expected Effects
If enacted, the bill would significantly ease the process of acquiring and possessing silencers by removing them from the purview of the National Firearms Act (NFA). This would reduce the associated taxes and registration requirements. The preemption of state laws could lead to a more uniform regulatory environment across the country.
Potential Benefits
- Reduced costs and administrative burdens for individuals seeking to acquire silencers.
- Increased accessibility of silencers for recreational shooters and hunters.
- Potential for hearing protection benefits for firearm users.
- Standardization of silencer regulations across states, reducing compliance complexity.
- Could lead to increased sales and manufacturing of silencers.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased misuse of silencers in criminal activities.
- Concerns about reduced oversight and tracking of silencers.
- Possible negative impact on public safety due to easier access to silencers.
- Preemption of state laws could undermine local control over firearm regulations.
- May lead to increased noise pollution in some areas if silencers become more prevalent.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is primarily centered around the Second Amendment, which guarantees the right of the people to keep and bear arms. Proponents may argue that easing restrictions on silencers supports this right. However, the Constitution also grants Congress the power to levy taxes and regulate interstate commerce (Article I, Section 8), which could be interpreted as providing a basis for the existing regulations on firearms and silencers. The Tenth Amendment reserves powers not delegated to the federal government to the states, raising questions about the preemption of state laws.
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).