The Silencer Ban of 2019! – The Legal Brief

Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re taking
a look at new legislation that would, if passed, ban silencers. Recently New Jersey Senator Bob Menendez introduced
the Help Empower Americans to Respond Act of 2019, also known as the HEAR Act. And that’s not to be confused with the very
much dead Hearing Protection Act. In fact, this would have the exact opposite
effect. If passed, the HEAR Act would make it unlawful
for a person to import, sell, manufacture, transfer or possess a silencer. That’s right, silencers would become illegal
for people like you and I to possess. The bill provides for the use of Byrne grants
to implement a buyback program for silencers. It would require the Attorney General to establish
and implement a buyback program within 90 days of the passage of the bill. The bill is silent as to the amount of compensation
one would receive. So there is nothing to indicate whether a
person would receive the full value of their silencer, partial value, or if the government
would also compensate the person for the transfer or manufacture tax paid to obtain the silencer
in the first place. As with everything that we cover on The Legal
Brief, there are some exceptions. If silencers are being imported, manufactured,
sold or transferred to government agencies, that would be ok. It even has a carve out for law enforcement
officers and specifies that the transfer would be fine if it were for law enforcement purposes…on
or off duty. Licensees under the Atomic Energy Act are
also exempt. The final exemption is for testing or experimentation
if it has been approved by the Attorney General. During his press conference Senator Menendez
stated “Silencers undermine public safety. They undermine the ability of law enforcement
to do their jobs. And they undermine the ability of Americans
in the midst of mass shootings to survive. No one needs a silencer to defend themselves
or their home, but everyone needs to be able to hear when their lives are in danger, and
that’s exactly what the HEAR Act will do.” Did you catch that language? No one needs a silencer, And no one needs
to hear your opinion, Senator, yet here we are. Congresswoman Bonnie Watson Coleman has introduced
a companion bill in the House of Representatives. Based on the makeup of the House, I would
not be surprised to see that bill passed if it makes it out of committee to a floor vote. The Senate is more questionable but nothing
is guaranteed. Once again we are seeing another piece of
reactionary legislation being introduced that would have absolutely no effect on deterring
crime or promoting public safety. The reality is that the number of times a
silencer has been used to commit a crime is not even a blip on the radar. But hey, why waste a crisis, right? That’s it for this episode, if you have learned
anything from this show, help us out and hit that like button, and share it with your friends. Don’t forget to get subscribed and if you
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