A Virginia Congressman has introduced legislation which will take suppressors (aka “silencers”) off the NFA list and make them much easier to purchase. That’s a good idea because a quality suppressor can reduce firearm sound levels by 30 decibels (dB) or more. U.S. Rep. Ben Cline’s Hearing Protection Act (H.R. 404) would remove firearm suppressors from the list of restricted items under the 1934 National Firearms Act (NFA). That would reduce costly licensing ($200 per suppressor) and burdensome background checks. Instead, suppressors would be regulated under the 1968 Gun Control Act (GCA) with the same type of background check done with retail firearm purchases. The legislation would also amend statutory suppressor definitions.
Under current law, an individual purchasing a suppressor must locate a regulated NFA Class III retailer, complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4 with the model and serial number of the suppressor, and obtain two passport photos and fingerprint cards from a local police department. The local chief law enforcement official must receive a completed copy of the application. Then the form, photographs, and fingerprints must be sent to ATF along with a check to pay the $200 tax. The customer can obtain the suppressor from the NFA Class III retailer upon an additional background check through FBI’s National Instant Criminal Background Check System (NICS).
Congressman Cline’s legislation would eliminate those requirements and make suppressors available with the same type of paperwork and background check required for a firearm. H.R. 404 would also clarify the definition of suppressors, ensuring that components like mounts, baffles and end caps are not erroneously classified as standalone suppressors or “silencers”.
“Congressman Cline’s Hearing Protection Act will have the federal government recognize firearm suppressors for what they are. These are accessories to a firearm that make recreational shooting and hunting a safer experience”, said Lawrence G. Keane, NSSF Senior V.P. and General Counsel. “These safety devices reduce the report of a firearm to a level that won’t cause instant and permanent hearing damage.” There are currently 2.6 million legally owned suppressors in the United States.
See Through Suppressor in Super Slow Motion (110,000 fps) — Click Arrow to Watch:
Suppressors, On Average, Reduce Noise Levels about 30 Decibels
In an article for Ammoland, gunwriter Sam Hoober says that you can expect about 30 decibels (dB) of noise reduction from the average suppressor: “Looking at a few different products, SilencerCo attests their suppressors reduce the sound pressure of a 9mm gunshot to anywhere from 125.7 dB to 131.5 dB, depending on the model. Advanced Armament Co, another popular supplier, attests a 23 dB to 33 dB reduction or down to 127 dB. Liberty Suppressors, another manufacturer, attests a reduction of 24 dB to 38 dB, depending on model and other factors. In short, we can presume something on the order of 30 dB of attenuation as an average.”
Using that 30 dB number you can quickly discern that you’ll still need hearing protection — good hearing protection — when shooting any suppressed firearm (even a .22 LR). “Spikes of 130 dB and more can result in permanent hearing damage instantly”. Source: NRA Blog.
Firearm suppressors (aka “silencers”) reduce the report of a firearm from a level roughly equal to that of a jet taking off which causes instant and permanent hearing loss to one that is safe, but still equal to a jackhammer. That decibel level will not permanently damage hearing. Suppressors work similar to a car’s muffler, redirecting exhaust gases.
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U.S. Senator Mike Crapo (R-Idaho) has re-introduced the Hearing Protection Act which will make it easier to obtain suppressors in the USA. The legislation, S. 401, is co-sponsored by 24 additional senators. This U.S. Senate bill would provide greater access to firearm suppressors/silencers by removing them from the 1934 National Firearms Act. With this change in the law, suppressors could be acquired relatively easily, as is the case in the vast majority of other first-world nations. There would be no massive fees, burdensome applications, and long wait times to obtain an official $200 Tax Stamp. With a quick NICS check, a suppressor buyer could be approved, and not have to wait for months.
Wait times for processing Form 4 ATF applications for suppressors now average 11 months (315 days).
“This no-nonsense legislation by Senator Crapo would remove unnecessary and onerous regulations for an accessory that is nothing more than a muffler for a gun”, said Lawrence G. Keane, NSSF Sr. VP and General Counsel. “Suppressors are safety tools that reduce the sound of gunfire to a level that won’t cause instant and permanent hearing loss, enables more accurate marksmanship, and allows shooting ranges to be better neighbors. The Hearing Protection Act would reduce unnecessary barriers for this accessory that is currently regulated the same way as automatic firearms. Suppressors were originally listed under the National Firearms Act over poaching concerns during the Great Depression, but those fears proved to be unfounded. Suppressors don’t completely silence a firearm, only reduce the report from a level equal to a jet taking off to one similar to that of a jackhammer.”
The Hearing Protection Act would reclassify suppressors by removing them from the 1934 National Firearms Act. That would replace the current burdensome federal transfer process with a rapid National Instant Criminal Background Check System (NICS) verification, making the purchase process for suppressors similar to acquiring a standard rifle or shotgun (not short-barreled). The legislation would also tax suppressors under the Pittman-Robertson Act instead of the National Firearms Act, putting more funding into state wildlife conservation agencies.
Proposed Federal Statute Would Not Change State Laws
The proposed Hearing Protection Act would not change any laws in states that already prevent suppressor use or ownership, nor does it eliminate background check requirements. Suppressors are legal to own in 42 states and 41 states allow them for hunting. Similar legislation, H.R. 152, was introduced in the U.S. House of Representatives earlier this year by Rep. Jeff Duncan (R-S.C.).
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This article courtesy U.S. Law Shield
Here’s good news for gun owners, and especially fans of suppressors. The Hearing Protection Act has been attached to the SHARE Act, an omnibus bill with numerous pro-gun features. The SHARE Act (Sportsmen’s Heritage and Recreational Enhancement Act) contains multiple provisions expanding gun rights. If passed in its current form, the SHARE Act would make the following changes to Federal law:
1. Move silencers/suppressors from Title II to Title I status.
2. Enhance the Firearms Owners Protection Act (FOPA) language to include travel by means other than vehicles.
3. Create remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
4. Eliminate the sporting-purposes language from the Gun Control Act of 1968 and the law on armor-piercing ammunition.
6. Creates exception for shotguns to prevent arbitrary reclassification as destructive devices.
“The Hearing Protection Act has been one of the most important bills for sportsmen and women of this Congress, which is why it’s common sense for it to be included in this year’s sportsmen’s legislative package,” Rep. Jeff Duncan (R-SC), the bill’s sponsor, told POLITICO. “By changing the outdated regulation of suppressors to an instant background check, just like the requirements to purchase a typical firearm, I hope the sportsmen and women in the United States will have greater access to noise reduction technology as they carry the hunting and recreational shooting tradition to future generations.”
This video discusses an earlier version of the Hearing Protection Act, H.R. 3799:
“If this bill passes,” said U.S. Law Shield Attorney Michele Byington, “it will make suppressors Title I items like firearms — that is, not National Firearms Act devices — which means they will become more common and more widely transported. However, at least 10 states will likely ban suppressors even if this becomes law. About the same number of states have some kind of restriction on ammunition-feeding devices, also known as magazines. FOPA safe travel won’t do us much good if gun owners can still be arrested for magazines and accessories. Attaching the HPA to a bill that should make it easier to pass and suggests that Congressional Republicans may have become serious about actually passing this,” she said. “Passing this bill would be a big win.”
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New legislation by Congressman Matt Salmon* (R-AZ) would make it much easier to purchase a suppressor (aka “silencer” or “sound moderator”) for use with firearms. The new Hearing Protection Act (HPA), H.R. 3799, will remove suppressors from the purview of the National Firearms Act (NFA), replacing the current burdensome federal transfer process with a standard NICS background check. Under the proposed law, acquiring a suppressor would be like purchasing a firearm — you would obtain the suppressor from an FFL dealer after passing a background check. There would still be a background check, but suppressor purchasers would no longer be required to fill out extensive paperwork, be fingerprinted, and pay for a $200.00 tax stamp. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.
Many older hunters and sport shooters suffer from hearing loss. Greater access to suppressors would help prevent that health problem. “Suppressors significantly reduce the chance of hearing loss for anyone who enjoys the shooting sports,” said Chris Cox, executive director of NRA’s Institute for Legislative Action. On average, suppressors reduce the noise of a gunshot by 20 – 35 decibels (dB), roughly the same sound reduction as earplugs or earmuffs. In addition to hearing protection, suppressors also mitigate noise complaints from those who live near shooting ranges and hunting lands.
Because suppressors safeguard hearing and reduce “noise pollution”, suppressors are widely used in many countries, including the United Kingdom. In most parts of Europe, suppressors are readily available at reasonable cost. According to the NRA-ILA, “Many European nations place no regulations on [suppressor] acquisition or use.” In the “enlightened” European view, sound moderators are considered a “good thing”. Is it time for the USA to change its laws?
It’s Time to Remove Unnecessary Burdens to Suppressor Ownership
Suppressors have been federally regulated since the passage of the National Firearms Act of 1934. The NFA regulates the transfer and possession of certain types of firearms and devices, including suppressors. Currently, prospective buyers must send in a Form 4 application to the ATF, pay a $200 transfer tax per suppressor, undergo the same background check that is required to purchase a machine gun, get a “CLEO Signoff”, and wait months for the ATF to process and approve the paperwork.
The American Suppressor Association (ASA) states that: “[The] Hearing Protection Act will fix the flawed federal treatment of suppressors, making it easier for hunters and sportsmen to protect their hearing in the 41 states where private suppressor ownership is currently legal, and the 37 states where hunting with a suppressor is legal. This legislation will remove suppressors from the onerous requirements of the NFA, and instead require purchasers to pass an instant NICS check, the same background check that is used during the sale of long guns.”
There has been a huge growth in the number of registered suppressors in the USA. From 2014 to 2015, the number of NFA-registered suppressors rose from 571,150 to 792,282. That’s a 39% increase in just one year! It’s remarkable that there are nearly 800,000 suppressors now registered in the USA. These stats are based on data published in the latest Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Firearms Commerce Report.
*Joining Rep. Matt Salmon as co-sponsors of H.R. 3799, the Hearing Protection Act (HPA), are ten other U.S. Representatives: Frank Guinta (R-NH), John Carter (R-TX), Mike Kelly (R-PA), Chris Collins (R-NY), Glenn Thompson (R-PA), Tim Huelskamp (R-KS), Trent Franks (R-AZ), Mia Love (R-UT), Doug LaMalfa (R-CA), and Chris Stewart (R-UT).
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