Hearing Protection Act

Bill Summary

H.R. 404, titled the “Hearing Protection Act,” would substantially change how firearm silencers (also called suppressors) are regulated in the United States by removing them from the National Firearms Act (NFA) and instead treating them like ordinary firearms under the Gun Control Act (GCA). The bill’s core aims are to end the NFA’s special taxation, registration, and transfer controls on silencers, to preempt certain state-level taxes and registration schemes specific to silencers, to establish clearer federal definitions and marking rules for silencers, and to apply the standard federal firearms background check regime and excise tax framework to these devices.

Section 2 removes silencers from the NFA’s definition of “firearm” in 26 U.S.C. § 5845(a). Practically, that would eliminate the current $200 tax stamp, fingerprinting, and lengthy ATF approval process (Form 1 for manufacture, Form 4 for transfers) specific to suppressors. The change would take effect for calendar quarters starting more than 90 days after enactment. Section 3 adds that anyone acquiring or possessing a silencer in accordance with the GCA (18 U.S.C. ch. 44)—i.e., through the normal federal firearms dealer process with the ATF Form 4473 and a NICS background check—shall be considered to have met any NFA registration/licensing requirements for that silencer. In short, silencers remain “firearms” for GCA purposes, but are no longer regulated under the NFA.

Section 4 preempts certain state and local laws that impose special taxes (other than generally applicable sales or use taxes) or any marking, recordkeeping, or registration requirements on silencers when in or affecting interstate or foreign commerce. This limits state and local authorities’ ability to layer additional silencer-specific registries, special fees, or manufacturer markings beyond federal rules. The section does not expressly preempt state bans on silencers or other forms of licensing not framed as registration or marking, so statewide prohibitions could remain unless otherwise inconsistent with federal law.

Section 5 directs the Attorney General to destroy, within 365 days of enactment, all ATF NFA registry records and applications identifying the makers and transferees of silencers that were previously recorded under the NFA. This would erase historical NFA data specifically related to silencers, including entries in the National Firearms Registration and Transfer Record and prior Form 1/Form 4 records for suppressors.

Section 6 revises Title 18 definitions and rules. It refines the definition of “firearm silencer” and “firearm muffler” to devices designed to reduce a portable firearm’s report and intended to be attached to such a firearm. Importantly, the definition expressly includes the outer tube or single primary housing part, but does not enumerate a “combination of parts” in the way prior law did; this narrows which components are treated as silencers. The section also amends 18 U.S.C. § 922(b)(1) and (3) to treat silencers like rifles and shotguns for certain dealer sales restrictions. As a result, federally licensed dealers could sell silencers to persons 18 to 20 years old (mirroring long gun rules) and engage in certain interstate sales akin to long guns, subject to GCA compliance. Additionally, 18 U.S.C. § 923(i) is amended so that the serialized marking for a silencer is placed on its outer tube or primary structural part, with authority for the Attorney General to grant marking variances for good cause.

Section 7 adds silencers to the federal manufacturers’ excise tax regime in 26 U.S.C. § 4181 at a 10 percent rate (like pistols/revolvers), with definitions and conforming edits. This excise tax is imposed on the manufacturer, producer, or importer at the point of sale and would take effect for calendar quarters beginning more than 90 days after enactment. The bill text repeats one of the amending instructions in subsection (e), which appears to be a redundancy rather than a substantive difference. Revenue from this tax, like other § 4181 receipts, supports the Pittman–Robertson Wildlife Restoration Fund.

Taken together, the bill would: (1) remove suppressors from the NFA’s special tax and registry controls; (2) keep suppressors treated as “firearms” under the GCA, thus preserving the federal background check, dealer transfer, and prohibited person rules; (3) preempt state/local silencer-specific taxes (beyond general sales/use) and registration/marking mandates; (4) wipe prior federal NFA records of silencer possession and transfer; (5) refine the legal definition and marking requirements to focus on the serialized outer tube/primary housing; (6) allow purchases by 18- to 20-year-olds and certain interstate sales comparable to long guns; and (7) impose a new 10 percent federal excise tax on silencers at the manufacturer/importer level. Policy-wise, supporters frame this as a hearing protection and regulatory streamlining measure that still maintains background checks and serialization. Critics see it as a significant loosening of gun accessory regulation that undermines state policy choices and eliminates historical records useful to law enforcement. The preemption language is targeted at taxes and registration, not outright bans, leaving some state prohibitions likely intact. The narrowed definition could lessen federal control over individual silencer components, while the serial-number requirement and GCA framework maintain a baseline of federal oversight.

Where Each Party Stands

History