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A BILL To provide that silencers be treated the same as long guns. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Hearing Protection Act of 2017”. SEC. 2. EQUAL TREATMENT OF SILENCERS AND FIREARMS. (a) In General.—Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “; and (7)”. (b) Effective Date.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendment made by this section shall take effect on the date of the enactment of this Act. (2) TRANSFERS.—In the case of the tax imposed by section 5811 of such Code, the amendment made by this section shall apply with respect to transfers after October 22, 2015. SEC. 3. TREATMENT OF CERTAIN SILENCERS. Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following: “(f) Firearm Silencers.—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”. SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS. Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”. https://www.congress.gov/bill/115th-congre...
Posted By: Steve Williams
Thursday, October 5th 2017 at 3:35PM
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This blog is for informational purposes. I've decided to purchase a silencer and will document the process as a background to the bill under consideration. I'll answer questions that are relevant but have no intent to get into political entanglements.
Thursday, October 5th 2017 at 3:43PM
Steve Williams
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EDUCATION
Since the ASA’s formation in 2011:
∗ 18 states have legalized suppressor hunting ∗
∗ 3 states have legalized suppressor ownership ∗
THE ROLE OF SUPPRESSORS
Suppressors, also known as silencers, are the hearing protection of the 21st century sportsman. Despite common misconceptions, suppressors are not silent. They are simply mufflers for firearms, which function by trapping the expanding gasses at the muzzle and allowing them to slowly cool.
SUPPRESSOR LEGALITY AND OWNERSHIP
Suppressors are regulated under the National Firearms Act (NFA) of 1934, which falls under the purview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). To legally purchase or possess a suppressor you must:
Be at least 21 years of age to purchase a suppressor from a dealer.
Be at least 18 years of age to purchase a suppressor from an individual on a Form 4 to Form 4 transfer (contingent on state laws).
Be at least 18 years of age to possess a suppressor as a beneficiary of a trust or as a member of a corporation (contingent on state laws).
Be a resident of the United States.
Be legally eligible to purchase a firearm.
Pass a BATFE background check with a typical process time of 8 to 10 months.
Pay a one time $200 Transfer Tax.
Reside in one of the 42 states that currently allows civilian ownership of suppressors.
Benefits of Suppressors
HEARING PROTECTION
Noise induced hearing loss and tinnitus are two of the most common afflictions for recreational shooters and hunters. Everyone knows that gunfire is loud, but very few people understand the repercussions that shooting can have on their hearing until it’s too late.
Suppressors reduce the noise of a gunshot by an average of 20 – 35 dB, which is roughly the same as earplugs or earmuffs. By decreasing the overall sound signature, suppressors help to preserve the hearing of recreational shooters, hunters, and hunting dogs around the world. Even the most effective suppressors, on the smallest and quietest calibers (.22 LR) reduce the peak sound level of a gunshot to between 110 – 120 dB. To put that in perspective, according to the National Institute for Occupational Safety and Health (NIOSH), that is as loud as a jackhammer (110 dB) or an ambulance siren (120 dB). For normal caliber handguns and rifles, suppressed sound levels routinely exceed 130 dB, just shy of OSHA’s “hearing safe” threshold of 140 dB.
From a hearing conservation perspective, according to Dr. William W. Clark, the current Director of the Washington University School of Medicine’s Program in Audiology and Communication Sciences, “the most serious threat to hearing comes from recreational hunting or target shooting”.1 This is in large part due to the fact that many people choose not to use traditional hearing protection devices like earplugs and earmuffs because they want to be able to hear their surroundings. Multiple studies have found that between 70 to 80% of hunters never wear earplugs or earmuffs, and nearly half of all target shooters don’t consistently wear traditional hearing protection.2,3 Thus, it should come as no surprise that for every five years of hunting, hunters become seven percent more likely to experience high frequency hearing loss.4
In a 2011 study, the Centers for Disease Control and Prevention (CDC) stated, “the only potentially effective noise control method to reduce students’ or instructors’ noise exposure from gunfire is through the use of noise suppressors that can be attached to the end of the gun barrel. However, some states do not permit civilians to use suppressors on firearms.”5 California, Delaware, Hawaii, Illinois, Massachusetts, New Jersey, New York, and Rhode Island currently do not allow civilians to own suppressors. Even if the Hearing Protection Act or the SHARE Act become law, suppressors will still not be legal in the eight states where they are currently prohibited.
In a similar study from 2014 on noise exposure at shooting ranges, NIOSH recommended, “if feasible and legally permissible, attach noise suppressors to firearms to reduce peak sound pressure levels.”6
In March, 2017, the National Hearing Conservation Association’s Task Force on Prevention of Noise-Induced Hearing Loss from Firearm Noise stated that “using firearms equipped with suppressors” is one of “several strategies [that] can be employed to reduce the risk of acquiring NIHL and associated tinnitus from firearm noise exposure.”7
1 Clark WW. (1991) Noise exposure from leisure activities: a review. J Acoust Soc Am 90(1):175–181.
2Wagner A, Stewart M, Lehman ME. (2006) Risk patterns and shooting habits of recreational firearm users. In: Abstracts of the National Hearing Conservation Association Annual Conference 2006, Tampa, Florida. NHCA Spectrum 23(Suppl. 1):28.
3 Stewart M, Foley L, Lehman ME, Gerlach A. (2011) Risks Faced by Recreational Firearm Users. Audiology Today, March-April:38–52.
4 Nondahl DM, Cruickshanks KJ, Wiley TL, Klein R, Klein BE, Tweed TS. (2000) Recreational firearm use and hearing loss. Arch Fam Med 9(4):352–357.
5 Chen L, Brueck SE. (2011) Noise and Lead Exposures at an Outdoor Firing Range ─ California. Health Hazard Evaluation Report HETA 2011-0069-3140:5.
6 Brueck SE, Kardous CA, Oza A, Murphy WJ. (2014) Measurement of Exposure to Impulsive Noise at Indoor and Outdoor Firing Ranges during Tactical Training Exercises. Health Hazard Evaluation Report HETA 2013-0124-3208:14.
7 Murphy S, Meinke DK, Flamme GA, Murphy WJ, Finan DS, Lankford, JE, Tasko SM. (2017) NHCA Position Statement: Recreational Firearm Noise. NHCA Task Force on Prevention of Noise-Induced Hearing Loss from Firearm Noise: 1.
https://americansuppressorassociation.com/...
Thursday, October 5th 2017 at 4:00PM
Steve Williams
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This video demonstrates two ways of sound suppression for a .223 (5.56 NATO) in the AR15 (semi-auto) and a bolt action rifle, the use of a sound suppressor and the use of subsonic ammunition.
https://m.youtube.com/watch?v=8VNcoZiVGhU
Thursday, October 5th 2017 at 4:17PM
Steve Williams
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Today I ordered the Sig Sauer SRD556 from silencershop.com I paid $205 for the tax stamp and the silencer itself is due when the one year or so wait is done.
Friday, October 6th 2017 at 5:57PM
Steve Williams
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Hopefully H.R 367 will pass before then and speed things up. And I'll get my $200 back.
Friday, October 6th 2017 at 6:01PM
Steve Williams
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