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CRS INSIGHT


Gun Control: Silencers under the Hearing Protection

Act (H.R. 3668)

October 16, 2017 (IN10807)




Related Author


     William J KrQ




William J. Krouse, Specialist in Domestic Security and Crime Policy (wkrus@cr 1  v 7-2225)

Firearm silencers are currently regulated under the 1934 National Firearms Act (NFA) and the Cun Control Act of 1968
kfKA . Both statutes use the definition of a silencer/muffler included in the GCA. The Department of Justice's Bureau
of Alcohol, Tobacco, Firearms, and Explosives (ATF) is the lead federal agency that administers those statutes.

The Hearing Protection Act (HPA) would remove firearm silencers from regulation under the NFA. Silencers would
continue to be regulated under the GCA in a manner similar to the way long guns (rifles and shotguns) are regulated
under this law. On September 18, 2017, the House Committee on Natural Resources reported the HPA as part of the
Sportsmen's Heritage and Recreational Enhancement Act (H R 3668). This bill was referred to other committees, but
they were discharged from further consideration. (See also H R 367, 559, and HR 3139.)

Firearm Silencer or Muffler Definition

Under the GCA, the terms firearm ilencer and firearm muffler mean

any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts,
designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any
part intended only for use in such assembly or fabrication.

Firearm silencers and mufflers are also commonly known as suppressors.

Firearm Definition Includes Any Muffler or Silencer

Under the GCA, the term  i  means:

(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile
by the action of an explosive;


(B) the frame or receiver of any such weapon;

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