Hearing Protection Act Inserted Into H.R.3668

Introduced by Congressman Jeff Duncan (R, SC) on September 1st, H.R.3668 is a bill titled the “Sportsmen’s Heritage And Recreational Enhancement Act.” Or the “SHARE Act,” for short. Similar to how we saw the HPA tacked onto a natural resources bill in June, it has been added to the SHARE Act as well. Though, in this case, it’s a very good fit on a bill geared towards fishing, hunting, target shooting, transportation of arms and ammunition, preservation of public lands for these activities, and more.

In fact, in the “in more” category we would see the elimination of many restrictions on “armor piercing” ammunition and a significant loosening of the “sporting purposes” requirement for importation of certain firearms, plus reduction or elimination of other importation, transportation, and temporary transfer (private party loans) restrictions.

On the HPA side, the TL:DR version appears to be: treatment of silencers as standard, non-NFA firearms and the mandatory destruction of all existing registration records. Whether you purchased a silencer from a dealer and registered via a Form 4 or made one yourself and registered on a Form 1, the .gov must destroy all silencer registration should this bill pass. Additionally, it provides some Federal preemption to State laws:

…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.

So a State cannot charge a unique tax on silencers or require registration of them, but it doesn’t seem like this would override a State’s ability to outlaw silencer ownership entirely. At least initially, as we have The Second Amendment for that and, should this bill go into law, I’m sure court cases would be filed immediately. An outright ban on silencers, once they’re legally standard firearms, would be highly unlikely to pass the 2A sniff test. Well, maybe in the “9th Circus Court of Schlemiels.”

Each time “The Hearing Protection Act” or “HPA” is introduced it seems to change in various ways, getting simpler or more complicated or removing some aspects (e.g. refund of the $200 tax for people who paid it in the last year or so) and adding others (e.g. destruction of existing registration data). So, to understand all of what H.R.3668 would mean if it went into law, the entire text of the bill is HERE.

comments

  1. avatar Ed says:

    I have to wonder what commitee this will die in?

    1. avatar Geoff PR says:

      “I have to wonder what commitee this will die in?”

      Tack it onto something your enemy wants passed.

      Like that bill Trump capitulated to the Left on a week back would have been *perfect*.

      Politics 101…

      1. avatar Geoff PR says:

        EDIT –

        The tactic we need to use is to tack it on to *every* new bill until it gets passed.

        As noted below, the Leftists damn sure would do it to us if they were in control.

        Since the internet never forgets and the drawings are out there, we oughtta tack on a 90 day NFA ‘amnesty’ to it as well.

        (DIAS for long gun or Glock interrupter, what to make?)

        Both!

        1. avatar Ed says:

          The RINOs like Ryan, McConell and McCain could care less of this, or anything like it passes. They don’t care if you call, don’t care if you write…nevermind we’d need the votes of completly useless peices of garbage like Susan Collins.
          Rand Paul tried to get a emergency bill passed to divert money from aid we give to countries like Pakastan and Iran who have nothing but hate for us and send it to Texas and Florida to help rebuild infastructure. It failed to pass by a landslide. A broken, corrupt and negligent goverment to say the least. These people should be ashamed, but that would require a soul!

        2. avatar Rincoln says:

          Really they need to tack on an “Anti-Hughes” amendment, and don’t bother voting on it, just mark it as passed.

  2. avatar Republic says:

    I wonder if Speaker of the House Ryan will allow this up for a vote? We need to start calling his office day and night until he does.

    1. avatar Nanashi says:

      Have you told your rep to call for Ryan’s resignation after his multiple instances of support for illegal activity?

  3. avatar Anonymous says:

    Nice. Hope it passes.

  4. avatar rdsii64 says:

    I already have an adjustable gas block on my go to rifle. I’m waiting to see where this goes. I think It will die in committee but I really hope I’m wrong.

  5. avatar bobo says:

    In cali—-heads will explode in 3-2-1!

    and happy times…dem SJW libs will have heart attacks over this one!

    1. avatar Stinkeye says:

      I think you’re going to need a bit longer of a countdown than “3, 2, 1”. Start at 178 quadrillion or so, and count real slow.

      This thing won’t even make it to a committee vote.

    2. avatar TrappedInCommiefornia says:

      Not likely, even if this does pass I believe suppressors are already illegal here, and it would depend on SCOTUS to overturn that, which will take a very very long time. If Commiefornia can have it’s stupid handgun roster, they’ll likely be able to ban suppressors as well.

  6. avatar Weskyvet says:

    Seems to me you’d still have to go through a background check to get it since it’s still classified as a “normal, non- NFA firearm”.

    1. avatar Jeremy S. says:

      Right. Except in private party sales, gifts, and other transfers in states where that’s allowed without requiring an FFL to get in the middle.

      1. avatar Weskyvet says:

        In reality buying a suppressor should (Note: SHOULD) be just like buying a box of ammo, stock, trigger, scope, barrel, or any other part or accessory. You walk in (cruise the web store), pull it off the shelf (add it to your cart), pay, and walk out with your part or accessory (wait for UPS, Fed Ex, DHL, or USPS delivery) no paper trail save the receipt and warranty registration.

    2. avatar Carl Saiga says:

      The only real solution would be to make your own. Just like building a firearm now it would be off the books and simple. Or simple as far as the paperwork goes.

      1. avatar Big E says:

        This guy ^ gets it.

  7. avatar Ranger Rick says:

    “the mandatory destruction of all existing registration records. Whether you purchased a silencer from a dealer and registered via a Form 4 or made one yourself and registered on a Form 1, the .gov must destroy all silencerregistration”

    This will in reality never happen.

  8. avatar stateisevil says:

    The bill has no chance of passing. Again. Still. This is because overall the quality of the Republicans in Congress is terrible and the Democrats went full retard many years ago. The status quo has nothing to fear from this two party system. Which is nearly a 1 party system.

    1. avatar Boba Fett says:

      I don’t get some of these negative comments. I don’t get why some people like to come around and assure everyone else that this isn’t going to pass. I don’t see how anyone benefits from it. I mean, if you’re a gun hater and you’re just here to troll and sow seeds of negativity, I get that. If you are doing that, I think you’re a total asshat, but I understand why you’re doing it. But if that’s not the case, you’re only hurting the cause, and you should ask yourself if that’s really what you want to do.

      P.S. – Stateisevil, I know you’re not trolling and I’m not calling you an asshat. Also, it is totally a one-party system.

      1. avatar Geoff PR says:

        “I don’t get some of these negative comments. I don’t get why some people like to come around and assure everyone else that this isn’t going to pass.”

        Cripes.

        You should been here in the run-up to the ’16 election.

        “You’re brain-damaged if you think Trump will win.”

        “Get used to the idea of president Hillary.”

        Ad nausium…

        1. avatar Nobody Special says:

          It’s because the republicans are holding all the cards in all the houses and couldn’t pass gas. There are too many traitors who only want to line their pockets and give themselves more power. That’s all you will see get passed with more speed. They are hired, which is all they wanted. They got that so what more needs to be done. They can steal, rob, tax and be the crooked kings. They don’t give one rats ass what you think or want. If they could silence you they would.

      2. avatar Stinkeye says:

        So how does being a Pollyanna about the realities of our current political situation (far too many Republicans just make the right noises about the 2A when it’s election time, but then refuse to step up and actually push pro-2A legislation) help the cause?

        If (when) this goes nowhere, we need to take down the names of people who held it back, and do what we can to replace them with real 2A supporters when they are up for re-election.

        1. avatar doesky2 says:

          Agreed. We control all 3 branches and yet no measureable votes on pro2A bills that we care about. Feckless azzhats like Ryan and other Repub stooges are a bunch of lazy failing putzes.

  9. avatar Ed says:

    Dead on arrival. Should of inserted into the Harvey relief bill. Well we can always put it in the Irma relief bill.

    1. avatar DrewR55 says:

      Pretty much this. As much as I hate the idea of riders this is the only way such a bill will see the president’s desk.

      1. avatar Carl Saiga says:

        The demoncrats would do it. Fight fire with fire. Or fight commies with their tactics.

  10. avatar former water walker says:

    Whatever…illegal in Illinoisistan. I’ll keep earplugs handy.

  11. avatar Boba Fett says:

    come on come on come on come on come on come on come on come on come on

    1. avatar Salty says:

      HAhahahhaaha amen brother! I wanna scream at the top of my lungs at 11pm and wake the kids up with freedom glee as well!!

  12. avatar Raoul Duke says:

    My only gripe is with the term they used, “popular rifle ammo”.

    Does that mean unpopular, niche calibers and ammo types like 7n6 can still be banned? Or how about keeping out 9×39 altogether?

    Words have meaning and I can see this being used against us. Otherwise this is a step in the right direction.

  13. avatar Steve says:

    Does this still offer the tax refund for recent purchases?

    1. avatar Salty says:

      Who frocking cares?!?! They pass it and I’m gonna have 3k in silencers real quick, who cares about $200!??!? The children?!!? Do a go fund me I’ll send you $40. What’s more, in 3 years when my silencers are so outdated cause of all the great new developments in the industry because of all the demand and innovation I’m gonna be able to sell my old stuff ( and not lose out on 6-800 in tax stamps ) and recoup some investment way easier!!

  14. avatar Tom in Oregon says:

    Month 8 and I’ve still got one locked up in paperwork jail.
    Month two for another.
    Let’s get one of these bills to pass.

    1. avatar Geoff PR says:

      “Month 8 and I’ve still got one locked up in paperwork jail.”

      Tom, a song dedication just for you:

      (The waiting, is the hardest part)

    2. avatar -Peter says:

      I’m coming up on month ten, brother. Don’t get too antsy.

  15. avatar Robert Andolini says:

    Establishment Republicans are completely useless, this will never pass. There will be no legislation repealing the NFA or “normalizing” Silencers…..

    1. avatar Geoff PR says:

      “Establishment Republicans are completely useless, this will never pass.”

      I recall a few months back:

      “Trump will *never* get the nomination. Trump will *never* win…”

      1. avatar Robert Andolini says:

        Well it was more than a few months back when folks thought Trump had no chance.

        You are proving my point, it was the Establishment media/Dems/Repubs saying Trump had no chance and believing all the asinine polls. The rest of us knew better. It’s the same establishment Republicans who see their job as obstructing Trump.

        They couldn’t even repeal obamacare, you seriously think they give a S**t about silencers?

    2. avatar Jeremy S. says:

      If the HPA continues to be tacked onto other legislation, it’ll pass. I don’t think they care enough to pass it on its own, just like I don’t think they care enough to block a piece of larger legislation because HPA was added onto it as a rider or whatever.

  16. avatar Brian says:

    “We need to adopt EU style gun control!”
    -Suppressors are treated like any other firearm accessory in EU-
    “The NRA wants every criminal to own a suppressor to silently kill everything!”

  17. avatar Retrocon says:

    Close, buying a suppressor should have the same legal implication as buying a set of ear muffs or plugs….

    It should be mandated in some cases by OSHA!

  18. avatar Robert Andolini says:

    See the article here on Ryan blocking National concealed carry if you seriously think this has a chance in hell of passing…….

  19. avatar Popsy Grumplegun says:

    I ate my poop and now i smell like paolo ryan. cancer children,and gun have cancer!

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