Utah Senator Mike Lee Introduces Bill to Deregulate Firearm Suppressors

by Vern Evans
dead air silencer suppressor
Courtesy Dead Air Silencers

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Senator Mike Lee (R-UT) introduced the Silencers Helping Us Save Hearing (SHUSH) Act yesterday, a legislative proposal aimed at reducing federal regulation of firearm suppressors. The bill is designed to simplify the purchase process for law-abiding citizens and eliminate bureaucratic hurdles. Senate cosponsors include Senators Rick Scott (R-FL), Marsha Blackburn (R-TN), and John Cornyn (R-TX).

“Suppressors are safety accessories, and their purchase should not be subject to antiquated federal controls,” said Lee. “This bill is about making it easier for responsible gun owners to protect their hearing and safety while enjoying their Second Amendment right.”

The SHUSH Act has garnered support from most gun rights organizations, including the National Association for Gun Rights (NAGR), Gun Owners of America (GOA), the National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF).

Hunter King, director of political affairs at NAGR, expressed strong support for the bill.

“Suppressors are accessories and should be treated just like magazines, scopes or gun stocks. Treating an accessory the same as a gun sets a bad precedent for anti-gun legislators to further regulate other accessories in the future. There’s no reason they should be subjected to the Brady registration scheme. We’re happy and privileged to be able to work with Sen. Lee on this legislation,” King said.

Aidan Johnston, director of government affairs for GOA, praised the SHUSH Act.

“Gun Owners of America applauds the introduction of the Silencers Helping Us Save Hearing Act. The SHUSH Act would not only remove suppressors from the federal regulations of the National Firearms Act but also treat suppressors as any other firearm accessory – free from the infringing background check process. Senator Lee’s bill will not only benefit hunters and sport shooters but also take much-needed steps for gun owners to restore the rights protected by the Second Amendment,” he said.

Lawrence “Larry” G. Keane, senior VP and general counsel for the NSSF, emphasized the safety benefits of suppressors.

“Suppressors are nothing more than a muffler for a firearm. They reduce the noise level from that which can cause instant and permanent hearing loss to a safe level,” Keane explained. “These devices are increasingly popular and legal to possess in forty-two states and legal for hunting in forty-one states. Senator Mike Lee, with the SHUSH Act, demonstrates a strong commitment to Second Amendment rights and leadership in cutting unnecessary government regulations for a firearm safety device.”

Suppressors, for the uninitiated, are also commonly known as silencers. They are nonlethal firearm accessories widely used by hunters, sportsmen and marksmen to enhance safety by reducing noise, recoil and muzzle blast. Despite popular misconceptions, they do not completely silence firearms and they are not the exclusive tools of assassins.

Currently, acquiring a suppressor involves a complex procedure through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including extensive paperwork, law enforcement certification, fingerprinting, and a $200 tax. Approval for tax stamps were running on average 9 to 12 months until this past year, when ATF improved the automated process, which can now often be done in just a few days, according to Silencer Shop, a major suppressor retailer in the United States. It’s still a major hassle for many shooters and definitely an unnecessary expense.

The SHUSH Act aims to eliminate federal regulation of suppressors under the National Firearms Act (NFA) and the Gun Control Act (GCA), remove existing taxes and registration requirements and allow current or retired law enforcement officers to carry concealed firearms with suppressors. It also seeks to preempt state regulations on suppressor manufacture, transfer, transport or possession, strike mandatory minimum sentences for suppressor possession and exempt suppressors from Consumer Product Safety Commission regulations. Additionally, the bill includes a provision for a refund of the $200 transfer tax for anyone who purchased a suppressor within two years prior to the enactment of the bill.

If passed, the SHUSH Act will complement the Hearing Protection Act (HPA). The HPA, reintroduced by Senator Mike Crapo (R-ID) in February 2023 and supported by 25 Senate colleagues, seeks to reclassify suppressors to regulate them like regular firearms. This measure aims to provide better access to hearing protection for recreational gun users. According to Senator Crapo, “The Hearing Protection Act will benefit sportswomen and men by ensuring they have access to adequate hearing protection while hunting and participating in other recreational shooting sports.” The HPA removes suppressors from the NFA’s stringent regulations, replacing them with the same background check process used for rifles and shotguns.

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