A U.S. congressman from Virginia has introduced federal legislation which seeks to remove firearm suppressors—frequently mis-identified as “silencers”—from the restrictive regulations of the 1934 National Firearms Act, and two major firearms organizations have thrown support behind the measure.
H.R. 404, known as the Hearing Protection Act, is sponsored by Republican Rep. Ben Cline. The bill is described as an effort “To amend the Internal Revenue Code of 1986 to remove silencers from the definition of firearms, and for other purposes.”
According to the National Shooting Sports Foundation (NSSF), it would “remove firearm suppressors from the list of definitions under the 1934 National Firearms Act (NFA), eliminating onerous and duplicitous background checks.”
“Instead,” NSSF explained in a news release, “what is essentially a muffler for a gun would be regulated under the 1968 Gun Control Act (GCA) with the same background check that is required for a retail firearm purchase. The legislation would also amend the statutory suppressor definitions to eliminate ambiguity that might lead to the criminalization of lawful firearm accessories.”
According to the NSSF, “Under current law, an individual purchasing a suppressor must locate a retailer that is regulated as a NFA Class III retailer, complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4 with the model and serial number of the suppressor, and obtain two passport photos and fingerprint cards from a local police department. The local chief law enforcement official must receive a completed copy of the application. Then the form, photographs and fingerprints must be sent to ATF along with a check to pay the $200 tax. The customer can obtain the suppressor from the NFA Class III retailer upon an additional background check through FBI’s National Instant Criminal Background Check System (NICS).”
Also jumping on board in support of the legislation is the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). The group announced Thursday it will throw its support behind H.R. 404 and urge its members and supporters to do likewise.
“Similar legislation has been proposed in the past,” noted CCRKBA Chairman Alan Gottlieb, “and it is time for this important measure to become law. For generations, untold millions of Americans enjoying their constitutionally-protected right to own and use firearms for recreation, competition, personal protection training and other endeavors have often risked their sense of hearing, even when using ear plugs or other protective devices.
Currently, to legally own a suppressor, a person must pass an extensive background check conducted by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, pay $200 for a tax stamp and register the device with the ATF.
“Suppressors are essentially hearing safety accessories,” Gottlieb observed, “and they are legal to own in many states. Instead of discouraging their ownership with restrictive regulations and a fee, the should be readily available without onerous requirements. We’re encouraging our members and supporters, and gun owners in general, to support Rep. Cline’s H.R. 404.”
