The effort to deregulate of silencers has reached an important milestone: The Hearing Protection Act has made it out of committee, and been incorporated as part of another larger bill. House Resolution 3668 – the Sportsmen Heritage and Recreational Enhancement (SHARE) Act – has been introduced to the House floor with a new subsection, Title XV, Hearing Protection. The new subsection provides for the change in classification of silencers from NFA items to standard firearms such as long guns, just like the HPA. Its text is reproduced at the bottom of this post.

Also included in the SHARE Act is another subsection, Title XVI, which, among other things, would allow the importation of any firearm or ammunition legal for sale in the US, and prevent the classification of common rifle ammunition as “armor piercing” pistol ammunition by the ATF. This subsection also includes provisions to ease importation of weapons for the purposes of experimentation, personal weapons being re-imported from other countries, and curios. It also includes a provision to protect shotguns from being classified as destructive devices, even if they are not considered “sporting” weapons. Finally, the subsection includes a provision to further protect the temporary transfer of lawful firearms across state lines, by removing the “sporting purposes” proviso from Title 18, 922(a)(5)(B), (a)(9), and (b)(3)(B).

Here is the full text of Titles XV and XVI of the SHARE Act:

SEC. 1501. SHORT TITLE .

This title may be cited as the “Hearing Protection Act”.

SEC. 1502. 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.—The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act.

SEC. 1503. 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 with respect to such silencer.”.

SEC. 1504. 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 imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a firearm silencer, shall have no force or effect.”.

SEC. 1505. DESTRUCTION OF RECORDS .

Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of a silencer maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of a silencer.

SEC. 1506. AMENDMENTS TO TITLE 18 , UNITED STATES CODE .

Title 18, United States Code, is amended—

(1) in section 921(a), by striking paragraph (24) and inserting the following:

“(24) (A) The terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the ‘keystone part’ of such a device.

“(B) The term ‘keystone part’ means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled, but the term does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm.”;

(2) in section 922(b)—

(A) in paragraph (1), by striking “shotgun or rifle” the first place it appears and inserting “shotgun, rifle, firearm silencer or firearm muffler,”; and

(B) in paragraph (3), by striking “rifle or shotgun” and inserting “shotgun, rifle, firearm silencer or firearm muffler”; and

(3) in section 923(i)—

(A) by striking “Licensed” and inserting the following:

“(1) In the case of a firearm other than a firearm silencer or firearm muffler, licensed”; and

(B) by adding at the end the following:

“(2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter.”.

SEC. 1507. IMPOSITION OF TAX ON FIREARM SILENCERS OR FIREARM MUFFLERS .

(a) In General.—Section 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to “Articles taxable at 10 percent” the following:

“ Firearm silencers or firearm mufflers.”.

(b) Firearm Silencers; Firearm Mufflers.—Section 4181 of such Code is amended by adding at the end the following:

“For purposes of this part, the terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm.”.

(c) Conforming Amendments.—

(1) Section 4181 of such Code is amended by striking “other than pistols and revolvers” and inserting “other than articles taxable at 10 percent under this section”.

(2) Section 4182(b) of such Code is amended by striking “firearms, pistols, revolvers, shells, and cartridges” and inserting “articles described in section 4181 and”.

(3) Section 4182(c)(1) of such Code is amended by striking “or firearm” and inserting “firearm, firearm silencer, or firearm muffler,”.

(d) Effective Date.—The amendments made by this section shall apply to articles sold by the manufacturer, producer, or importer in any calendar quarter beginning more than 90 days after the date of the enactment of this Act.

SEC. 1601. SHORT TITLE .

This Act may be cited as the “Lawful Purpose and Self Defense Act”.

SEC. 1602. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE AMMUNITION AS “ARMOR PIERCING AMMUNITION” .

Section 921(a)(17) of title 18, United States Code, is amended—

(1) in subparagraph (B)(i), by striking “may be used” and inserting “is designed and intended by the manufacturer or importer for use”;

(2) in subparagraph (B)(ii), by inserting “by the manufacturer or importer” before “for use”; and

(3) in subparagraph (C), by striking “the Attorney General finds is primarily intended to be used for sporting purposes” and inserting “is primarily intended by the manufacturer or importer to be used in a rifle or shotgun, a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting”.

SEC. 1603. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL FIREARMS ACT FIREARM OR AMMUNITION THAT MAY OTHERWISE BE LAWFULLY POSSESSED AND SOLD IN THE UNITED STATES .

(a) Elimination Of Prohibitions.—Section 922 of title 18, United States Code, is amended—

(1) in subsection (a), by striking paragraph (7) and inserting the following:

“(7) for any person to manufacture or import armor piercing ammunition, unless the manufacture or importation of the ammunition—

“(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

“(B) is for the purpose of exportation; or

“(C) is for the purpose of testing or experimentation, and has been authorized by the Attorney General;”;

(2) in subsection (l), by striking “925(d) of this chapter” and inserting “925”; and

(3) by striking subsection (r).

(b) Broadening Of Exceptions.—Section 925 of such title is amended—

(1) in subsection (a)(3), by striking “determined” and all that follows through the end and inserting “intended for the lawful personal use of such member or club.”;

(2) in subsection (a)(4), by striking “(A)” and all that follows through “for the” and inserting “intended for the lawful”; and

(3) by striking subsections (d) through (f) and inserting the following:

“(d) (1) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if—

“(A) the firearm or ammunition is being imported or brought in for scientific, research, testing, or experimentation purposes;

“(B) the firearm is an unserviceable firearm (other than a machine gun as defined in section 5845(b) of the Internal Revenue Code of 1986 that is readily restorable to firing condition) imported or brought in as a curio or museum piece;

“(C) the firearm is not a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986;

“(D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), unless subparagraph (A), (E), (F), or (G) applies;

“(E) the firearm or ammunition is being imported or brought in for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;

“(F) the firearm or ammunition is being imported or brought in for the purpose of exportation;

“(G) the firearm or ammunition was previously taken out of the United States or a possession thereof by the person who is bringing in the firearm or ammunition; or

“(H) the firearm is a firearm defined as curio or relic by the Attorney General under section 921(a)(13) of this title.

“(2) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of the firearm or ammunition will be allowed under this subsection.

“(3) The Attorney General shall not authorize, under this subsection, the importation of any firearm the importation of which is prohibited by section 922(p).”.

SEC. 1604. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER RIFLES FROM ARBITRARY CLASSIFICATION AS “DESTRUCTIVE DEVICES” .

(a) Amendments To The National Firearms Act.—Section 5845(f) of the Internal Revenue Code of 1986 is amended—

(1) in paragraph (2), by striking “recognized as particularly suitable for sporting purposes” and inserting “recognized as suitable for lawful purposes”; and

(2) by striking “use solely for sporting purposes” and inserting “use for sporting purposes”.

(b) Amendments To Title 18, United States Code.—Section 921(a)(4) of title 18, United States Code, is amended—

(1) in subparagraph (B) of the first sentence, by striking “particularly suitable for sporting” and inserting “suitable for lawful”; and

(2) in the second sentence, by striking “solely”.

SEC. 1605. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES RATHER THAN JUST FOR “SPORTING PURPOSES” .

Section 922 of title 18, United States Code, is amended in each of subsections (a)(5)(B), (a)(9), and (b)(3)(B), by striking “sporting”.