Hearing Protection Act of 2005
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 and law enforcement officers.
3) No registered silencers have ever been used 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.
2) Title
This act shall be known as “The Hearing Protection Act Of 2005”.
3) Definitions
A) The term “silencer” has the same meaning as in section 921(a)(24) Title 18 US Code.
4) Regulation Of Sound Reducing Devices
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)’
5) Removal of Sound Reducing Devices from National Firearms Registration And Transfer Record
Within 130 days of enactment of this act the Secretary 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.
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.
7) Certain Record Keeping Prohibited
Section 922 Title 18 US Code is amended to add the following subsection:
A) It shall be unlawful 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.
8) Effect On Other Law; Protections
A) 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.
No person(s) shall be prosecuted for unlawfully or illegally possessing such a device by any state, commonwealth, territory or possession of the United States or by the United States itself provided that the said device or devices were lawfully possessed in full compliance with the current laws of such state, commonwealth, territory or possession upon the date of enactment of this act into law and 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.
B) The protections and provisions of this subsection only apply to those silencers lawfully possessed in accordance with all applicable federal, state, commonwealth, territorial, or possession laws that were in force upon the date of enactment of the provisions of this act into law.
9) Repeal Of Gun Ban
Title 18 Chapter 44 Section 922 US Code is amended by:
A) Repealing 922 (o) in it’s entirety
10) Date Of Enactment
. The date of enactment of the provisions of this act shall be in effect immediately after this bill becomes federal law.
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 and law enforcement officers.
3) No registered silencers have ever been used 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.
2) Title
This act shall be known as “The Hearing Protection Act Of 2005”.
3) Definitions
A) The term “silencer” has the same meaning as in section 921(a)(24) Title 18 US Code.
4) Regulation Of Sound Reducing Devices
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)’
5) Removal of Sound Reducing Devices from National Firearms Registration And Transfer Record
Within 130 days of enactment of this act the Secretary 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.
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.
7) Certain Record Keeping Prohibited
Section 922 Title 18 US Code is amended to add the following subsection:
A) It shall be unlawful 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.
8) Effect On Other Law; Protections
A) 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.
No person(s) shall be prosecuted for unlawfully or illegally possessing such a device by any state, commonwealth, territory or possession of the United States or by the United States itself provided that the said device or devices were lawfully possessed in full compliance with the current laws of such state, commonwealth, territory or possession upon the date of enactment of this act into law and 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.
B) The protections and provisions of this subsection only apply to those silencers lawfully possessed in accordance with all applicable federal, state, commonwealth, territorial, or possession laws that were in force upon the date of enactment of the provisions of this act into law.
9) Repeal Of Gun Ban
Title 18 Chapter 44 Section 922 US Code is amended by:
A) Repealing 922 (o) in it’s entirety
10) Date Of Enactment
. The date of enactment of the provisions of this act shall be in effect immediately after this bill becomes federal law.