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National Legal Update: Hearing Protection Act Rolling Into Bigger Bill

HK Mark 23-11 with SilencerCo .45 ACP Osprey Suppressor

The Hearing Protection Act has been attached to the SHARE Act, a sportsman’s omnibus bill with a lot of pro-gun features.

HK Mark 23-11 with SilencerCo .45 ACP Osprey Suppressor
HK Mark 23-11 with SilencerCo .45 ACP Osprey Suppressor

Among those features, the SHARE Act (Sportsmen’s Heritage and Recreational Enhancement Act) would do the following:

  1. Moves silencers/suppressors from Title II to Title I status.
  2. Enhances the Firearms Owners Protection Act (FOPA) language to include travel by means other than vehicles.
  3. Creates remedies against states that violate the safe travel provisions, including a cause of action and attorneys fees.
  4. Eliminates the sporting-purposes language from the Gun Control Act of 1968 and the law on armor-piercing ammunition.
  5. Creates a blanket 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 sportsman’s legislative package,” Rep. Jeff Duncan (R-S.C.) Duncan, 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 “By changing the outdated regulation of suppressors to an instant background check, just like the requirements to purchase a typical firearm, I hope the sportsmen and women in the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.” “If this bill passes,” said Texas & U.S. Law Shield Independent Program 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.” —Texas & U.S. Law Shield Staff

Check out these other great articles from U.S. Law Shield and click here to become a member:

The “purple paint law” became official in Texas on September 1, 1997. The law doesn’t appear to be common knowledge for every hunter in the Lone Star State, even though Texas hunting regulations describe it.
Can your employer restrict your ability to carry firearms at the workplace? Click to watch Emily Taylor, Independent Program Attorney with Walker & Byington, explain that in Texas, employers call the shots regarding workplace self-defense.
In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the ground rules for carrying firearms into restaurants and bars. Click the video below to find out the significant differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.   If you would like to see these reports live on Facebook, click here to join the Texas Law Shield Facebook page and sign up for live notifications.
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Comments (28)

  1. @ Gun fan F the nrnoway.

    The “Congressional Baseball Practice” Shooting Incident on 14 July 2017, was the “Kiss of Death” for the Hearing Protection Act. As of 17 September 2017, barely a handful of US House Representatives and US Senate members have even bothered to look at the Act…

  2. First I like to say I’m with (Deplorable Robert) 7/17/17 11:39 pm!
    As for those who ask why?
    Heres some food for thought “Who wears earplugs while hunting”?
    What ever the game, I know of no one.

  3. I believe rolling this legislation into another 2nd Amendment bill is a mistake. That will enhance the chances of it failing. Hearing protection is an issue hard to argue with if presented properly.
    I don’t know why DOP insists on tacking good issues onto others less likely to fail. It’s like they are sending them off to the issue graveyard.
    Seems stupid, counter intuitive and foolish to me.
    I hope I’m wrong, but I don’t see Democrats voting for a bill full of only pro-second amendment issues combined into one. Any one issue can doom the others. When it comes to tactics and strategy, it seems to me the GOP leave much to be desired.

  4. They should remove any other weapons, short barreld rifles and short barreld shotguns from the NFA “68” gun control act registry as well. All these restrictions do is punish the law abiding and drown the government in paperwork. 10 plus months on a background check? Really, especially when you’re currently a NFA stamp holder in good standing? The government needs to be more efficient and stop the rediculous background checks from scratch every time just so a law abiding citizens can shorten a weapons barrel by a few inches.

    Better yet abolish the entire NFA registry and restore the 2nd admendment rights of all citizens.

  5. Major issue with this “Genuflecting Outdated Putzes” party is that they have yet to realize that ‘We The Serfs’ did NOT elect ‘them,’ we elected Trump to “Drain The Swamp” of these ‘Democrat Lite’ dweebs, a.k.a. do anything the Demorats desire group! History says, irrefutably, that this GOP outfit, when ‘given’ total power, are adept at ONLY ONE thing, frittering it away and wasting ALL opportunities to actually do something for ‘We The Unwashed!’

    1. And how has that NRA support worked out for you? About the same as Chump’s non-effort to drain the swamp. If you’re counting on Comrade Chump to do anything, you have a long wait coming. When he’s not lying, he defending his lies. I’ve owned a variety of firearms for many years during which time I have avoided having anything to do with the nutjob NRA clowns.

    2. Well,well,well, looks like somebody is not a happy camper? Seems you support the LOSING side? Hahaha. Unfortunately, things aren’t going to go as YOU want. Please stop crying about our Commander in Chief, President of these United States of America, Donald J Trump.
      You really show your true value, as supporting “them” instead of “Us”.
      Bitch and whine as much as you want but you won’t find many here on this site that agrees with you.
      The alternative to Trump ( either Crooked Hillary or The fraudster assistant Bernie ) would definitely NOT support the Right of firearms in the hands of We The People.
      So by coming here to this forum, and running your mouth, shows everyone that you don’t have OUR interests at heart. That makes you a troll, but even trolls can have their say, which you are entitled to also.
      Isn’t America Great? Trump sure thinks so.Obama, Hillary, and the Bernie thinks we need to be knocked down a few pegs? What say you?

    3. Guns arenÔÇÖt a left/right issue. YouÔÇÖve been sold that sack of lies by the fear mongering nra and others. If any of it were true this wouldnÔÇÖt be a topic of discussion. Besides didnÔÇÖt Obama already take all the guns. Oh wait it didnÔÇÖt happen. Does anyone even remember who the Brady bill was named after, what it was or what party it came from. Pull the wool and bull off from over your eyes and spit out the lies. Educate yourselves and others to the truth not refeed garbage from some whackadoodle propaganda box. Politics have become the distraction for the poor and the divider for the conquerors. Proud firearms enthusiast here who will never let the nra speak for me and I know they donÔÇÖt speak for %70 of their members they do however do the bidding of the Reds that some use to hate and are now convinced are their buddies. Stop the madness.
      My two bits.

  6. I was concerned that the HPA would be attached to another bill. Even if it does pass, it will be practically meaningless! The swamp remains…

  7. Here’s the thing: don’t really see why I would need a suppressor (wouldn’t keep me from WANTING one if they became affordable all the same)
    Don’t really see why they were included in the NFA (other than as a general “gangster weapon”)
    If this passes I foresee exactly ZERO effect on safety or crime.

    1. Suppressors reduce muzzle blast noise to help damage to your hearing if you forget earplugs.
      Placed on restriction list because they were demonized as an assassin’s tool.

  8. As the old saying goes, sounds good. The sticking point is actually getting the job of passing this legislation done. So far I am totally underwhelmed with the “progress” that the current Senate and House have made on ANY legislation. Although the situation looks promising for a GOP domination of the mid terms, it is by no means a lock. If the GOP majority is lost in either body, the chances of passage of the HPA, much less a broader ” SHARE act” start fading into the sunset. Email, write or call your elected congressional critters urging passage of this bill out of committee and onto the floor for a vote, and onto President Trump’s desk for a signature.

    1. So true. The Republicans have spent the last 8 years doing nothing but obstructing everything that came down the road. They have absolutely no process for actually getting bills through. They could get this bill through in 5 minutes if they had any leadership but Mitch “The Turtle Necked Muppet” McConnell is way out of his league.
      Hope everybody has health insurance.

    2. I’m guessing you’re one of the umpty-ump million that stand to lose your obama-care? It’s kind of difficult to obstruct EXECUTIVE ORDERS. Bipartisan collaboration is not easily built on statements like “In case you didn’t notice, but the election is over and I won”. Find another shoulder to cry on.

    3. Sorry Patrick, I’ve had Bluecross Blue Shield for 25 years. I’m not sure what executive order you think the orange-man baby has signed that overrides U.S. Law, but please enlighten us.

    4. @ Kevin.

      TRUMP couldn’t, No Matter how much he TRIED, short of an “Act of God”!/? The “ACA” passed the US Hse.of Rep. in 8 October 2009 with 416 Votes FOR and “0” AGAINST. And passed the US Senate in 23 December 2009 with 60 vote FOR and 39 AGAINST. The “House Vote” was a Supermajorty Vote which is Presidential Veto Proof…

    5. The discussion is about the simple right to legally own a suppressor, just like most of Europe does- not about discussing if healthcare is a right, (which it’s not- get a job buy your own), and why I should pay for yours or not… I repeat get a job save your money so on an so forth. You could have Heath care, and also have your own sound suppressor!!!

    6. Sure and if Hinckley had one heÔÇÖd gotten off a few more before getting caught. DonÔÇÖt forget every snowed over envoker of Reagan forgers he was a gun control advocate. Brady bill came from the Hinckley attempt. But hey letÔÇÖs let more suppressors into the black market cause a few texass geniuses want to hunt with out hearing protection cause an AR platform is a great way to take down a buck? What the Fuhh

  9. This is exciting news. Everyone should contact their representatives to show your support and encourage passage.

    I find it quite interesting the Firearms Owners Protection Act (FOPA) is in the news again given my recent and extensive posts to this forum – in which I had to school an attorney that FOPA even existed as a law.

    Anyone interest can follow that odd exchange starting here: http://dev-migrationctd.pantheonsite.io/d-c-personal-protection-reciprocity-act-introduced-congressman-massie/comment-page-2/#comment-400763

    1. I followed it! I wouldn’t hire him as !my lawyer.
      I don’t need no stinkin lawyers….LOL. He sure was argumentative in my opinion….and a little “slow” if you ask me????

    2. Now we need a llegislator to slip in a ‘Hughes Amendment’ amendment to repeal the ‘Hughes Amendment’ — like Bill Hughes did to the `86 FOPA.

  10. My hearings aids cost $7000 per pair. Protect your ears.
    Thankfully, the VA covers the cost or I would be up the proverbial tributary with out a means of locomotion. I would not have a job or be able to do much more than string beads.

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