Auditory Health Act of 2005
Section 1) Findings
1) Silencers or sound suppressors have been regulated under the National Firearms Act since 1934.
2) Thirty three states allow the possession of silencers by sport shooters.
3) No registered silencer has ever been used by its owner in the commission of a crime.
4) The Occupational Safety and Health Administration has guidelines and regulations for noise levels allowed on the job.
5) The average gunshot has a decibel level of 160 while an ordinary conversation has a decibel level of 60.
6) Being exposed to noises exceeding 85 decibels without hearing protection has been known to cause permanent hearing loss.
7) Dozens of conflicts between lawfully operated shooting ranges and nearby residents have cropped up in recent years all across the United States due to noise complaints.
8) Many states require silencers and like devices to be registered under the provision of the ‘National Firearms Act’ found in title 26 US Code.
Sec. 2) Title
This act shall be known as “The Auditory Health Act Of 2005â€.
Sec. 3) Definitions
a) The term “silencer†has the same meaning as in section 921(a)(24) Title 18 US Code
b) ‘Attorney General’ means Attorney General of the United States.
Sec. 4) Regulation Of Sound Reducing Devices
(a). Section 5845(a) of Title 26 US Code is amended by:
A) Striking from ‘(7)’ through ‘and’
B) Adding the word ‘and’ after ‘machinegun;’
C) Striking ‘(8)’ and replacing it with ‘(7)’
Sec. 5) Removal of Sound Reducing Devices from National Firearms Registration And Transfer Record
Within 100 days of enactment of this act the Attorney General shall direct the Bureau of Alcohol, Tobacco, Firearms and Explosives to expunge all records relating to silencers from the ‘National Firearms Registration and Transfer Record’ found in Section 5841 Title 26 US Code.
Sec. 6) No Immunity From Prosecution
Nothing in this act shall prohibit the prosecution of a person charged with possessing an unregistered silencer before the date of enactment of this act.
Sec. 7) Certain Record Keeping Prohibited
Section 926 Title 18 US Code is amended to add the following subsection:
(d)It shall be unlawful for the Attorney General or for any Federal agency to keep any database of any kind of Form 4473s (‘Firearms Transaction Record’) relating to the sale and transfer of silencers that are not owned or possessed by that agency after the date of enactment of this subsection.
Sec. 8) Effect On State Law; Protections
(a) (1) IN GENERAL- Any law of any US state, commonwealth, territory, or possession that requires a lawfully possessed silencer or silencers to be registered or licensed according to the requirements of the ‘National Firearms Act’, found in title 26 US Code, shall be deemed in conflict with the purposes and objectives of this act.
(2) Such laws shall be pre-empted and superceded by the protections put forth in subsection (b).
(b) PROTECTIONS- No person(s) shall be prosecuted for unlawfully or illegally possessing such a silencer as defined in 921(a)(24) Title 18 US Code by any state, commonwealth, territory or possession of the United States or by the United States itself provided that
(i) the said device or devices were lawfully possessed in full compliance with the laws of such state, commonwealth, territory or possession that were in force or on the books upon the date of enactment of this act into law
(ii) such laws required the said device to be registered or licensed by/and or with the government of the United States or an agency thereof to be lawful; and
(iii) the individual afforded these protections was the lawful registered owner of the said device or devices on the date this act is signed into law.
c) INTERPRETATION- Nothing in this act shall be construed or interpreted as preventing states, commonwealths, territories, and possessions of the United States from enacting stronger laws and regulations than this chapter.
Sec. 9) Date Of Enactment
. The date of enactment of the provisions of this act shall be in effect immediately after this bill becomes federal law.
Section 1) Findings
1) Silencers or sound suppressors have been regulated under the National Firearms Act since 1934.
2) Thirty three states allow the possession of silencers by sport shooters.
3) No registered silencer has ever been used by its owner in the commission of a crime.
4) The Occupational Safety and Health Administration has guidelines and regulations for noise levels allowed on the job.
5) The average gunshot has a decibel level of 160 while an ordinary conversation has a decibel level of 60.
6) Being exposed to noises exceeding 85 decibels without hearing protection has been known to cause permanent hearing loss.
7) Dozens of conflicts between lawfully operated shooting ranges and nearby residents have cropped up in recent years all across the United States due to noise complaints.
8) Many states require silencers and like devices to be registered under the provision of the ‘National Firearms Act’ found in title 26 US Code.
Sec. 2) Title
This act shall be known as “The Auditory Health Act Of 2005â€.
Sec. 3) Definitions
a) The term “silencer†has the same meaning as in section 921(a)(24) Title 18 US Code
b) ‘Attorney General’ means Attorney General of the United States.
Sec. 4) Regulation Of Sound Reducing Devices
(a). Section 5845(a) of Title 26 US Code is amended by:
A) Striking from ‘(7)’ through ‘and’
B) Adding the word ‘and’ after ‘machinegun;’
C) Striking ‘(8)’ and replacing it with ‘(7)’
Sec. 5) Removal of Sound Reducing Devices from National Firearms Registration And Transfer Record
Within 100 days of enactment of this act the Attorney General shall direct the Bureau of Alcohol, Tobacco, Firearms and Explosives to expunge all records relating to silencers from the ‘National Firearms Registration and Transfer Record’ found in Section 5841 Title 26 US Code.
Sec. 6) No Immunity From Prosecution
Nothing in this act shall prohibit the prosecution of a person charged with possessing an unregistered silencer before the date of enactment of this act.
Sec. 7) Certain Record Keeping Prohibited
Section 926 Title 18 US Code is amended to add the following subsection:
(d)It shall be unlawful for the Attorney General or for any Federal agency to keep any database of any kind of Form 4473s (‘Firearms Transaction Record’) relating to the sale and transfer of silencers that are not owned or possessed by that agency after the date of enactment of this subsection.
Sec. 8) Effect On State Law; Protections
(a) (1) IN GENERAL- Any law of any US state, commonwealth, territory, or possession that requires a lawfully possessed silencer or silencers to be registered or licensed according to the requirements of the ‘National Firearms Act’, found in title 26 US Code, shall be deemed in conflict with the purposes and objectives of this act.
(2) Such laws shall be pre-empted and superceded by the protections put forth in subsection (b).
(b) PROTECTIONS- No person(s) shall be prosecuted for unlawfully or illegally possessing such a silencer as defined in 921(a)(24) Title 18 US Code by any state, commonwealth, territory or possession of the United States or by the United States itself provided that
(i) the said device or devices were lawfully possessed in full compliance with the laws of such state, commonwealth, territory or possession that were in force or on the books upon the date of enactment of this act into law
(ii) such laws required the said device to be registered or licensed by/and or with the government of the United States or an agency thereof to be lawful; and
(iii) the individual afforded these protections was the lawful registered owner of the said device or devices on the date this act is signed into law.
c) INTERPRETATION- Nothing in this act shall be construed or interpreted as preventing states, commonwealths, territories, and possessions of the United States from enacting stronger laws and regulations than this chapter.
Sec. 9) Date Of Enactment
. The date of enactment of the provisions of this act shall be in effect immediately after this bill becomes federal law.
