S. 345 — SHUSH Act

This section removes silencers from the definition of a firearm under the National Firearms Act (NFA). (Thus, silencers are no longer subject to NFA regulation, including ATF registration and the $200 transfer tax.) The amendment is effective on the date of enactment, except that transfer tax relief applies to transfers after the date that is two years prior to enactment.

This section establishes that a person 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), meets any registration and licensing requirements of the National Firearms Act (NFA) that were in effect prior to enactment. (Thus, it effectively exempts firearm silencers from NFA regulation, including the $200 transfer tax and registration requirements.)

This section preempts state and local laws that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in 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 rule in 18 U.S.C. §927 preserving state law absent a direct conflict with federal law.)

This section removes firearm silencers and mufflers from the definition of a "firearm"; strikes their standalone definition; eliminates enhanced criminal penalties applicable to offenses involving firearms equipped with silencers or mufflers; and makes conforming amendments to exceptions authorizing qualified active and retired law enforcement officers to carry concealed firearms.

This section excludes firearm mufflers or silencers (as defined in 26 U.S.C. 5845(f)) from the definition of consumer product under the Consumer Product Safety Act by adding a new subparagraph (J). (Thus, such items are not subject to regulation by the Consumer Product Safety Commission.)