Understanding the SHUSH Act: An Attempt To Loosen Federal Regulations on Suppressors

Pros

If the SHUSH Act passes, supporters (count me among them) believe it would bring several benefits to firearm owners and enthusiasts. First, it would simplify the process of purchasing suppressors by eliminating the long wait times and bureaucratic hurdles currently required, making it easier for law-abiding citizens to acquire them. Suppressors could also provide valuable hearing protection for hunters and recreational shooters by significantly reducing the noise levels of gunfire, helping to prevent noise-induced hearing loss. Additionally, suppressors are seen as safety accessories, as they can reduce recoil and improve aim, making shooting safer and more accurate.

Proponents also argue that the SHUSH Act would strengthen Second Amendment rights by removing what they view as excessive regulations on firearm accessories. By eliminating the $200 tax currently required for most National Firearms Act (NFA) items, the act would make suppressors more affordable for consumers. It would also create regulatory consistency by treating suppressors like other firearm accessories, such as scopes or magazines, rather than subjecting them to the strict regulations of the NFA and Gun Control Act. If you think about it, I really doubt a suppressor, by itself, ever did anyone any harm.

Another notable benefit of the SHUSH Act is its proposal to refund the $200 transfer tax to anyone who purchased a suppressor within two years before the bill’s enactment, potentially saving money for recent buyers. Additionally, the act would override state and local laws that regulate, tax or prohibit suppressor possession, ensuring uniform access to suppressors across the country. These changes, supporters claim, would make owning and using suppressors easier, safer, and more affordable for responsible gun owners.

Cons

On the other hand, critics (and there are many out there) raise serious concerns about the potential downsides of deregulating suppressors. Some worry that making suppressors more accessible could make it easier for individuals with criminal intent to obtain them. They fear reduced noise could allow a shooter to carry out illegal activities without immediate detection, potentially increasing the risk of violent crimes. Law enforcement officials also express concern that the widespread availability of suppressors could make it harder to locate active shooters quickly, as gunfire would be less noticeable.

Critics argue that these factors could ultimately lead to an increase in gun violence, creating significant public safety challenges.

The Likelihood of Passing into Law

With a Republican president in office and Republican majorities in both the House and Senate, the chances of the SHUSH Act passing into law have improved significantly. Republican control of the presidency and Congress creates a more favorable environment for conservative legislation like the SHUSH Act. A Republican president is also more likely to sign the bill into law if it reaches their desk, a stark contrast to the challenges the bill faced under the previous Democratic administration. Additionally, the SHUSH Act is more likely to advance through key committees, such as the Senate Finance Committee, where it was previously referred.

Despite these improved prospects, the passage of the SHUSH Act is not guaranteed. One major hurdle is the Senate filibuster rule, which requires 60 votes to move forward on most legislation. While Republicans hold a majority, they may fall short of this threshold if Democrats decide to block the bill. There’s also the potential for moderate Republicans to oppose the bill, particularly if they are uneasy about such a significant deregulation of suppressors. Furthermore, Republican leadership may focus on other legislative priorities, which could delay or sideline the SHUSH Act.

The latest version of the SHUSH Act (S.4825) was introduced in the Senate on July 29, 2024, by Senator Mike Lee, with several Republican senators as co-sponsors. A companion bill (H.R.8306) was also introduced in the House. While the political landscape is more favorable now, the bill still needs to go through the full legislative process. This includes committee hearings, potential amendments, and floor votes in both chambers. Whether Republican leadership prioritizes the SHUSH Act will be a critical factor in determining its chances of becoming law.

Take Away Message

The SHUSH Act, championed by Senator Mike Lee and Representative Bob Good, aims to simplify suppressor ownership by treating them as standard firearm accessories. Suppressors reduce gunshot noise, recoil, and muzzle flash, offering hearing protection and improved shooting accuracy. Supporters argue the act would bolster Second Amendment rights, cut bureaucratic red tape, and save buyers money, including refunds for recent suppressor purchases. Critics, however, worry deregulation could aid criminal activities and complicate law enforcement. With Republicans holding a majority in Congress, the bill’s prospects are brighter but still face obstacles, including potential Senate filibusters and divided priorities.