H.R. 850 — SHUSH Act

This section removes silencers from the definition of a "firearm" under the National Firearms Act (NFA) (i.e., silencers will be regulated as standard firearms rather than as NFA items subject to registration and a $200 tax on making or transfer). The amendment applies on the date of enactment, except that it applies to the transfer tax for transfers after October 22, 2015.

This section establishes that persons acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code (i.e., the Gun Control Act of 1968), are treated as meeting the registration and licensing requirements of the National Firearms Act (NFA) as in effect before enactment. (Thus, silencers are exempt from NFA requirements, including registration with ATF, background checks, fingerprints, and the $200 transfer tax.)

This section preempts state and local laws that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, impose a tax on such conduct or a marking, recordkeeping, or registration requirement with respect to the firearm silencer. (Thus, such laws have no force or effect, notwithstanding the general preservation of state firearms laws absent a direct conflict with federal law.)

This section removes firearm silencers and mufflers from the definition of "firearm" in federal law (18 U.S.C. §921(a)) by striking their definitional language and related paragraph. The section also eliminates (1) enhanced criminal penalties applicable to offenses involving firearms equipped with silencers or mufflers (18 U.S.C. §924(c) and (o)) and (2) restrictions prohibiting qualified active law enforcement officers and qualified retired law enforcement officers from carrying concealed firearms equipped with silencers or mufflers (18 U.S.C. §§926B(e)(3) and 926C(e)(1)(C)).