Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
258225408
label
Gun Control [1967-68] [1 of 2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
258225408
contentType
document
title
Gun Control [1967-68] [1 of 2]
citationUrl
collections
White House Staff Member and Office Files (Nixon Administration)
Martin Anderson's Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
258225408
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
0de77dbda916aa71
ocrText
Bill, Due Today, Also to
Require Licensing
of Gun Owners
Text of President's message
is printed on Page 24.
By MAX FRANKEL
Special to The New York Times
WASHINGTON, June 24-
President Johnson asked Con-
gress today to require the na-
tional registration of every
firearm and a license for every-
gun owner whose state does
not enforce Federal license
standards.
Sensing an aroused public
opinion and wishing to chan-
nel the pressures developing on
Capitol Hill, Mr. Johnson ac-
celerated for the second time
in a week his efforts for more
gun controls.
The Adminstration's new pro-
posals were outlined in a mes-
sage to Congress this afternoon
and will be submitted as a bill
tomorrow morning.
The President said that he
did not want the new measure
to delay a pending bill to limit
the sales of rifles and shot-
guns. But exactly how Con-
gress will proceed probably
will not become clear until the
PRESERVATION COPY
Senate Judiciary Committee
considers the whole subject on
Wednesday.
Tydings Bill Cited
Proposals similar to those
embraced by the Administra-
tion today have been intro-
duced formally by Senator Jo-
seph D. Tydings, Democrat of
Maryland.
He welcomed the White
House action as a "tremendous
boost" and said the President's
leadership and the "ground-
swell" of public and Congres-
sional support "may at last
break the gun-lobby strangle-
hold on effective gun legisla-
tion."
The Administration's meas-
ure goes beyond the Tydings
bill in two respects.
It requires national registra-
tion, regardless of state regis-
try, to permit the National
Crime Information Center of
the Federal Bureau of Investi-
gation to compile a comprehen-
sive computer file of every gun
in the nation between 50
and 100 million, according to
current estimates.
Moreover, to punish states
Continued on Page 24, Column 1
24
L
+
THE NEW YORK TIMES,
PRESIDENT URGES
Text of Johnson Gun Message
NEW GUN CONTROL
Special to The New York Times
sive licensing laws which pre-
WASHINGTON, June 24-
vent the vicious, the irrespon-
Continued From Page 1, Col. 8
Following is the text of
sible and the insane from ac-
D
President Johnson's message
quiring firearms.
that do not establish effective
to Congress proposing tighter
In New Jersey, for ex-
license systems for gun own-
gun controls:
ample, which has had a li-
ers, Mr. Johnson would deprive
Within the hour, in some
censing law for only a short
city in America, a gun shot
period of time, over 1,500 dis-
them of funds from the Wild-
life and Conservation Trust
will ring out. And someone
qualified persons have been
will fall dead or wounded.
denied access to lethal weap-
Fund. Last year it redistributed
ons. And states which have
$23-million collected in excise
Unless we act purposefully
licensing requirements have
to prevent It, reckless and
taxes on gun and ammunition
lower homicide rates.
wild gunfire will be heard
The states are now work-
sales.
again-tomorrow, the day
ing on model gun control
Glenn Leads Drive
after and all the days to fol-
laws through a special com-
Another strong source of
low.
mittee of the National Asso-
support for registration and li-
-As it was last Tuesday,
ciation of Attorneys General,
when a 71-year-old gas sta-
censing developed here today
The National Council of State
tion attendant was shot to
Governments and the Na-
with the announcement that
death in the course of a $75
tional Governors Conference.
Col. John H. Glenn Jr., the
armed robbery;
have urged that their work
former astronaut and associ-
-As it was last Wednes-
be expeditiously pursued.
ate of Senator Robert F. Ken-
day, in Graceville, Fla., when
To assure uniformity and
nedy, was leading many promi-
a mental patient shot a 3-
adequate protection, the law
nent citizens in a nationwide
year-old boy through the
I
propose would establish
write-in campaign organized by
back of the head;
minimum Federal licensing
the Emergency Committee for
-As it was last Thursday,
United Press International
standards. These would pre-
Gun Control.
in Chicago, when a young
President Johnson reads a
vent firearms from being sold
The committee disclosed that
man was killed and three
message he sent Congress.
to or possessed by criminals,
Vice President Humphrey and
others injured by shotgun
dope addicts, alcoholics, the
Governor Rockefeller had re-
blasts fired by a band of rov-
of our people, Federal laws
mentally ill and any others
sponded favorably to its re-
ing teen-agers.
whose possession of guns
These tragedies are im-
need two additional rein-
quest for support from all Pres-
would be harmful to the pub-
idential candidates.
bedded in the grim statistics
forcements:
lic health, safety or welfare.
The organization's executive
of death and destruction at
ДА national registration of
A Plea to States
committee will be composed of
gun point. The terrible toll is
all firearms, both those al-
Thomas J Watson Jr., chair-
rising.
ready in private hands and
The Federal licensing law
man of the board of Interna-
The latest report of the
those acquired in the future.
would go into effect only in
tiona' Business Machines Cor-
Federal Bureau of Investiga-
qFederal licensing of all
those states without at least
poration; Adlai Stevenson 3d,
tion documents a shocking
possessors of firearms in
comparable standards, and
to
Treasurer of Illinois; John W
increase in crimes where
those states whose laws fail
only after the states have
Gardner, former Secretary of
deadly weapons are the in-
to meet minimum Federal
been given an opportunity to
Health, Education and Welfare;
struments of violence.
standards.
act first.
Charles Evers, Mississippi field
Registration and licensing
I call upon every Governor
director of the National Asso-
Figures on Murders
have long been an accepted
and state legislature to move
th
ciation for the Advancement of
In 1967, there were:
part of daily life in America.
as rapidly as they can to
Colored People, and John V.
-7,700 murders with guns.
Automobiles, boats even
enact forceful laws for the
Bennett, president of the Na-
In 1966 there were 6,500.
dogs and bicycles in many
protection of their people.
tional Council for a Responsi-
-55,000 aggravated as-
communities-are commonly
Nothing in these proposals
ble Firearms Policy.
saults with guns. In 1966
registered. Our citizens must
will impair the legitimate
It was not clear whether the
there were 43,000.
get licenses to fish, to hunt
ownership or use of guns in
committee's nationwide effort,
-Over 71,000 robberies
and to drive. Certainly no
this country. In other coun-
the maneuvering in Congress
with guns. In 1966 there were
less should be required for
tries which have sensible
and the spontaneous efforts of
60,000.
the possession of lethal
laws, the hunter and the
students and housewives in
It took this country nearly
weapons that have caused so
sportsman thrive. These
many communities had any di-
two centuries to respond to
much horror and heartbreak
measures will entail no more
rect effect on the schedule of
the danger of guns in crim-
in this country. Surely the
inconvenience for the gun
action in the White House.
inal and incompetent hands.
slight inconvenience for the
owners than dog tags or au-
But Mr. Johnson has been
The first Federal action came
few is minimal, when meas-
tomobile license plates pose
moving faster even than he
in the early 1930's, when the
ured against protection for
for any citizen.
thought he could when he re-
Congress enacted safeguards
all.
Nor are they threats to the
vived his pressure for gun con-
controlling the use of sawed-
I propose, first, the na-
mystique of manhood or to
trols on June 6, the day Sena-
off shotguns and submachine
tional registration of every
the heritage of our people.
tor Kennedy died.
guns to answer the public
gun in America.
Only the potential murderer's
Congress completed action
indignation and fear arising
There are now more fire-
chance to kill and only the
that day on an omnibus crime
out of organized gang wars
arms than families in Amer-
potential robber's chance to
bill that included a limitation
in the cities.
ica. The estimates range be-
terrorize are threatened.
on the sales of handguns by
But very little was done in
tween 50 and 100 million
The only heritage that is
mail and to minors and others
the next three decades, while
guns in this country. Last
harmed is the record of vio-
deemed unfit to possess them.
the velocity of speeding bul-
year more than 3 million
lent death and destruction
C
The President called this a half-
lets exacted their deadly toll
guns were added to private
that shames our history.
way measure and demanded
across America. Alone among
stocks, building a massive
The proposals in this mes-
follow-up action for similar
the modern nations of the
arsenal which arms the mur-
sage are no more and no less
limitations on the sales of rifles
world, we remained without
derer and the robber.
than commonsense safe-
the gun control laws that
and shotguns.
Registration will tell us
guards which any civilized
In signing the crime bill last
other countries accept as an
how many guns there are,
nation must apply for the
Wednesday, he again urged
elementary need and condi-
where they are and in whose
safety of its people.
tion of life.
quick action on the second
hands they are held.
The American people have
We can see the difference
Car registration has been
step, and Congress appears to
been too long without them.
th
be heeding his and the public's
in the last reported compari-
the major factor in solving
The cost of inaction through
advice. Once that bill was
sons of homicides by gunfire.
hit-and-run auto deaths. The
the decades affronts our con-
Out of 15 countries report-
new National Crime Informa-
passed, the President said, he
science.
would come back with still
ing, the United States ranked
tion Center, operated by the
History Is Cited
worst-with a rate of 2.7
Federal Bureau of Investiga-
other proposals.
gun murders per 100,000
tion, has already begun to
Homes and city streets
Today, without waiting for
Congress to catch up, he offered
population. Here are some
compile and computerize data
across the nation which
of the statistics:
on stolen automobiles, stolen
might have rung with gun-
those proposals.
-2.7 for the United States
guns, fugitives from justice
fire will be spared the trag-
Mr. Johnson's message, an
03 in the Netherlands and
and other criminal activities.
edy of senseless slaughter.
abbreviated version of which
he read for movie and tele-
.04 in Japan.
Now, for the first time,
We will never be able to
vision cameras in the White
2.7 for the United States
computer technology has
measure this violence that
SI
.05 in England and Wales.
made the national registra-
does not erupt. But our his-
House Fish Room, anticipated
2.7 for the United States
tion of guns practical and
tory tells us America will be
even greater resistance from
.12 in West Germany and
workable. The registration
a safer country if we move
hunters, gun clubs, some manu-
.70 in Italy.
of guns can be fed into a
now-once and forever-to
facturers and their representa-
2.7 for the United States
computer bank at the Na-
complete the protection so
tives and lobbyists here.
52 in Canada and .26 in
tional Crime Information Cen-
long denied our people.
He argued against their case,
Belgium.
ter. Through this system, the
urge the Congress, as I
as follows:
Since I first became Presi-
owner of a gun anywhere in
have throughout all the days
"Registration and licensing
dent, have fought for strong
the country can be identified
of my Presidency, to act im-
have long been an accepted
gun control laws.
in a matter of seconds.
mediately to control inter-
part of daily life in America.
Now-at long last-we
state sales of shotguns, rifles
Automobiles, boats, even dogs
Licenses Urged
have begun to move.
and ammunition.
and bicycles in many com-
When I signed the Safe
Second, I propose that
Hearings on this legislation
munities, are commonly regis-
Streets Act last week, Ameri-
every individual in this coun-
have long since been com-
tered. Our citizens must get
ca took the first major step
try be required to obtain a
pleted. The legislation has
licenses to fish, to hunt and
to control deadly firearms.
license before he is entrust-
been reported favorably by
to
drive.
That measure outlawed the
ed with a gun.
the House Judiciary Commit-
"Certainly no less should be
interstate traffic in handguns
Every murder by gunfire is
tee and the Juvenile Delin-
required for the possession of
and prohibited the sale of
a
criminal confrontation in
quency Subcommittee of the
lethal weapons that have
these small and lethal weap-
which-by design or through
Senate Judiciary Committee.
caused so much horror and
ons to minors.--
a conspiracy of events-the
That legislation providing
heartbreak in this country.
We are now within sight
criminal faces his victim
basic protection against in-
Surely the slight inconvenience
of the second major step—
through the telescope cross-
terstate slaughter by fire-
for the few is minimal, when
the control of interstate traf-
hairs of a rifle or over the
arms-should be brought to
measured against protection
fic in shotguns, rifles and
barrel of a pistol. An in-
a vote without delay.
for all."
ammunition, as I requested
flamed moment seizes the
Once that foundation of in-
What Bil Provides
of the Congress on June 6. I
criminal's mind, and his fin-
terstate protection has been
The Administration's bill
hope the Congress will move
ger presses the trigger.
established, the registration
would allow 180 days for the
with the greatest speed to
We may never be able to
and licensing proposals made
registration of every gun, per-
complete its action on this
keep that criminal mind from
in this message should be
haps at post offices or other
proposal for protection.
erupting into violence, but
enacted. But these proposals
Federal agencies in the com-
But even before that step
we can stay the finger that
afford no justification for de-
munity. Thereafter, failure to
is finally completed, we must
squeezes the trigger by
lay in enacting strong and
register a firearm would be
look to the next advance for
keeping the gun out of the
effective controls over inter-
punishable with two years in
the safety of the American
murderer's hand.
state traffic of deadly weap-
and fines up to $2.000
people
The surest route to accom-
ons. Indeed. they build upon
THE
III
every
AN
The organization's executive
of death and destruction at
ДА national registration of
A Plea to States
committee will be composed of
gun point. The terrible toll is
all firearms, both those al-
Thomas .J Watson Jr., chair-
rising.
ready in private hands and
The Federal licensing law
man of the board of Interna-
The latest report of the
those acquired in the future.
would go into effect only in
tiona' Business Machines Cor-
Federal Bureau of Investiga-
Federal licensing of all
those states without at least
poration: Adiai Stevenson 3d.
tion documents . shocking
possessors of firearms In
comparable standards, and
Treasurer of Illinois; John W.
Increase In crimes where
those states whose laws fall
only after the states have
Gardner, former Secretary of
deadly weapons are the in-
to meet minimum Federal
been given an opportunity to
Health, Education and Welfare;
struments of violence.
standards.
act first.
Registration and licensing
I call upon every Governor
Charles Evers, Mississippi field
Figures on Murders
have long been an accepted
and state legislature to move
th
director of the National Asso-
ciation for the Advancement of
In 1967, there were:
part of daily life in America.
as rapidly as they can to
8
Colored People, and John V.
-7,700 murders with guns.
Automobiles, boats - even
enact forceful laws for the
Bennett, president of the Na-
In 1966 there were 6,500.
dogs and bicycles in many
protection of their people.
tional Council for a Responsi-
-55,000 aggravated as-
Nothing in these proposals
li
communities-are commonly
ble Firearms Policy.
saults with guns. In 1966
registered. Our citizens must
will impair the legitimate
It was not clear whether the
there were 43,000.
get licenses to fish, to hunt
ownership or use of guns in
P
committee's nationwide effort,
-Over 71,000 robberies
and to drive. Certainly no
this country. In other coun-
the maneuvering in Congress
with guns. In 1966 there were
less should be required for
tries which have sensible
and the spontaneous efforts of
60,000.
the possession of lethal
laws, the hunter and the
students and housewives in
It took this country nearly
sportsman thrive. These
a
weapons that have caused so
many communities had any di-
two centuries to respond to
much horror and heartbreak
measures will entail no more
rect effect on the schedule of
the danger of guns in crim-
in this country. Surely the
inconvenience for the gun
action in the White House.
inal and incompetent hands.
slight inconvenience for the
owners than dog tags or au-
But Mr. Johnson has been
The first Federal action came
few is minimal, when meas-
tomobile license plates pose
moving faster even than he
in the early 1930's, when the
ured against protection for
for any citizen.
thought he could when he re-
Congress enacted safeguards
all.
Nor are they threats to the
vived his pressure for gun con-
controlling the use of sawed-
I propose, first, the na-
mystique of manhood or to
C
trols on June 6, the day Sena-
off shotguns and submachine
tional registration of every
the heritage of our people.
tor Kennedy died.
guns to answer the public
gun in America.
Only the potential murderer's
indignation and fear arising
There are now more fire-
chance to kill and only the
Congress completed action
out of organized gang wars
arms than families in Amer-
potential robber's chance to
a
that day on an omnibus crime
in the cities.
ica. The estimates range be-
terrorize are threatened.
$.
bill that included a limitation
But very little was done in
tween 50 and 100 million
on the sales of handguns by
The only heritage that is
te
the next three decades, while
mail and to minors and others
guns in this country. Last
harmed is the record of vio-
deemed unfit to possess them.
the velocity of speeding bul-
year more than 3 million
lent death and destruction
C
The President called this a half-
lets exacted their deadly toll
guns were added to private
that shames our history.
a
across America. Alone among
way measure and demanded
stocks, building a massive
The proposals in this mes-
the modern nations of the
arsenal which arms the mur-
follow-up action for similar
sage are no more and no less
limitations on the sales of rifles
world, we remained without
derer and the robber.
than commonsense safe-
the gun control laws that
Registration will tell us
and shotguns.
guards which any civilized
In signing the crime bill last
other countries accept as an
how many guns there are,
nation must apply for the
Wednesday, he again urged
elementary need and condi-
where they are and in whose
safety of its people.
R
tion of life.
quick action on the second
hands they are held.
The American people have
$
We can see the difference
Car registration has been
been too long without them.
th
step, and Congress appears to
in the last reported compari-
the major factor in solving
be heeding his and the public's
The cost of inaction through
sons of homicides by gunfire.
hit-and-run auto deaths. The
advice. Once that bill was
the decades affronts our con-
O
Out of 15 countries report-
new National Crime Informa-
passed, the President said, he
science.
ing, the United States ranked
tion Center, operated by the
History Is Cited
tr
would come back with still
worst-with a rate of 2.7
Federal Bureau of Investiga-
other proposals.
Today, without waiting for
gun murders per 100,000
tion, has already begun to
Homes and city streets
ti
population. Here are some
compile and computerize data
across the nation which
th
Congress to catch up, he offered
of the statistics:
on stolen automobiles, stolen
might have rung with gun-
be
those proposals.
-2.7 for the United States
guns, fugitives from justice
fire will be spared the trag-
ita
Mr. Johnson's message, an
in the Netherlands and
and other criminal activities.
edy of senseless slaughter.
fo
abbreviated version of which
Now, for the first time,
We will never be able to
he read for movie and tele-
.04 in Japan.
2.7 for the United States
computer technology has
measure this violence that
vision cameras in the White
- .05 in England and Wales.
made the national registra-
does not erupt. But our his-
House Fish Room, anticipated
2.7 for the United States
tion of guns practical and
tory tells us America will be
fi,
even greater resistance from
.12 in West Germany and
workable. The registration
a safer country if we move
hunters, gun clubs, some manu-
.70 in Italy.
of guns can be fed into a
now-once and forever-to
facturers and their representa-
for the United States
computer bank at the Na-
complete the protection so
tives and lobbyists here.
.52 in Canada and .26 in
tional Crime Information Cen-
long denied our people.
He argued against their case,
Belgium.
ter. Through this system, the
I urge the Congress, as I
as follows:
Since first became Presi-
owner of a gun anywhere in
have throughout all the days
"Registration and licensing
dent, have fought for strong
the country can be identified
of my Presidency, to act im-
have long been an accepted
gun control laws.
in a matter of seconds.
mediately to control inter-
part of daily life in America.
Now-at long last-we
state sales of shotguns, rifles
Automobiles, boats, even dogs
have begun to move.
Licenses Urged
and ammunition.
and bicycles in many com-
When I signed the Safe
Second, I propose that
Hearings on this legislation
munities, are commonly regis-
Streets Act last week, Ameri-
every individual in this coun-
have long since been com-
tered. Our citizens must get
ca took the first major step
try be required to obtain a
pleted. The legislation has
licenses to fish, to hunt and
to control deadly firearms.
license before he is entrust-
been reported favorably by
to
drive.
That measure outlawed the
ed
with
a
gun.
the House Judiciary Commit-
"Certainly no less should be
interstate traffic in handguns
Every murder by gunfire is
tee and the Juvenile Delin-
required for the possession of
lethal weapons that have
and prohibited the sale of
a criminal confrontation in
quency Subcommittee of the
caused so much horror and
these small and lethal weap-
which-by design or through
Senate Judiciary Committee.
ons to minors.--
a conspiracy of events-the
That legislation
heartbreak in this country.
We are now within sight
criminal faces his victim
basic protection against in-
Surely the slight inconvenience
of the second major step-
through the telescope cross-
terstate slaughter by fire-
for the few is minimal, when
the control of interstate traf-
hairs of a rifle or over the
arms-should be brought to
measured against protection
fic in shotguns, rifles and
barrel of a pistol. An in-
a vote without delay.
for all."
ammunition, as I requested
flamed moment seizes the
Once that foundation of in-
What Bil Provides
of the Congress on June 6. I
criminal's mind, and his fin-
terstate protection has been
The Administration's bill
hope the Congress will move
ger presses the trigger.
established, the registration
would allow 180 days for the
with the greatest speed to
We may never be able to
and licensing proposals made
registration of every gun, per-
complete its action on this
keep that criminal mind from
in this message should be
haps at post offices or other
proposal for protection.
erupting into violence, but
enacted. But these proposals
Federal agencies in the com-
But even before that step
we can stay the finger that
afford no justification for de-
munity. Thereafter, failure to
is finally completed, we must
squeezes the trigger - by
lay in enacting strong and
register a firearm would be
look to the next advance for
keeping the gun out of the
effective controls over inter-
punishable with two years in
the safety of the American
murderer's hand.
state traffic of deadly weap-
jail and fines up to $2,000.
people.
The surest route to accom-
ons. Indeed, they build upon
Mr. Johnson said that he
With the enactment of
plish this is to require every
the foundation of interstate
would prefer the states to take
these measures, we will have
person who wants a gun to
control which is so essential
the initiative in issuing licenses,
constructed the nation's first
be licensed, first proving
to their effectiveness.
preferably through a uniform
foundation upon which the
that he meets the qualifica-
Let us delay no longer in
law that at the minimum would
states can build and develop
tions.
enacting that basic founda-
deny guns to criminals, dope
their own gun control laws.
The initiative for licensing
tion of interstate protection
addicts, alcoholics, the mental-
Without this bulwark of in-
should, of course, rest with
and then let us go on to build
ly ill and others whose posses-
terstate protection, even the
the states, for there licensing
-through registration and
sion of guns would be deemed
best state laws would be
can most effectively be car-
licensing-the kind of pro-
harmful to the public health
exercises in futility.
ried out. Some states have
tection SO long denied the
or safety.
To assure the protection
already enacted comprehen-
American citizen.
His bill would require a Fed-
eral license of all citizens
PRESIDENT TO PUSH
youth." He said that "we live
whose state had not enacted
FIRST-QUARTER RATE
these minimal Federal stand-
in a world that is young and a
ards within two years.
FOR VOTING AGE OF 18
world that is growing younger,
OF CRIME IS UP 17%
and no nation has been more
A Federal license, as now
envisioned, would cost $1 and
WASHINGTON, June 24
faithfully served by its youth
(UPI) President Johnson said
than America."
WASHINGTON, June 24
require the photographing and
fingerprinting of the applicant.
today he would formally ask
(AP)-The Federal Bureau of
Rifle and shotgun licenses
Congress this week to begin
REPUTED CANCER AID
Investigation reported today
would be available to persons
action to lower the voting age
that serious crime in the na-
over 18; handgun licenses to
to
18.
DOUBTED BY EXPERT
tion for the first three months
persons over 21.
The President spoke to dele-
of this year rose 17 per cent
gates
to
HE NEW YORK TIMES, WEDNESDAY, JUNE 26, 1968
House Cool to Call for Stiff Gun Law
To a certain extent, the Ad-
Continued From Page 1, Col. 1
ministration seems to have de-
parted from its earlier strategy
Committee, seized upon the
in now proposing registration
additional demands of the Ad-
and licensing controls.
ministration as further reason
The Administration is still
for delaying consideration of
giving priority to its mail order
gun control legislation.
proposal, but its position, as
"The President's message got
understood on Capitol Hill, as
me to thinking I ought to look
that it will interpose no ob-
into this thing further," the
jections to the addition of reg-
Mississippi Democrat told re-
istration and licensing controls
porters.
so long as such a step does-
Mr. Colmer has been under
not jeopardize action on the
considerable pressure from the
Administration's bill.
House leadership. and the Ad-
The Senate's favoring of the
ministration to clear the gun
d
control bill for floor debate
proposed new legislation may
d
this week. The Administration
have been an important factor
as
had hoped the clearance would
in the shift in the Administra-
ne
come this week. It failed in
tion's strategy, since the Sen-
1g
that objective, but Mr. Colmer
ate has been viewed as a more
he
announced that the Rules Com-
Associated Press
y
mittee would consider the legis-
Representative William M.
critical hurdle than the House.
lation next Tuesday.
In the closely divided Senate
Colmer, Mississippi Demo-
Mr. Colmer made clear that
Judiciary Committee, which is
1.
crat, who heads Rules Com-
he would press the Judiciary
scheduled to vote on gun con-
e
Committee members on wheth-
mittee, is studying bills.
trol legislation on Thursday, it
t,
er they wanted to incorporate
now appears there may be
registration: and licensing in
In initially proposing only a
enough votes to add licensing
n
the gun control bill, or, as he
ban. on mail order sales and
and registration controls to the
Administration's bill.
put it in a Pascagoula
over-the-counter sales to out-
metaphor, whether "maybe in-
of-state residents, the White
It appeared unlikely, however,
stead of two bites at the
that either the Senate or the
0
House thought that this was
House would act before the
0
cherry, they will want to take
the politically realistic path to
July Fourth recess-the dead-
d.
one.
follow in pushing gun control
Mr. Celler said that while he
line for action set by the
he
legislation through a reluctant
White House.
would introduce the registra-
Congress.
he
tion and licensing legislation,
The National Rifle Associa-
sent to Capitol Hill today by
tion and other members of the
CARE to Aid Indonesia
d
the Justice Department, he
gun lobby have been adamant-
JAKARTA, Indonesia (AP)-
es
would not move for its imme-
y opposed to registration and
The American organization. Co-
diate consideration or its in-
licensing, and the Administra-
operative for American Relief
st
corporation in the Administra-
tion's strategy was to push its
Everywhere, CARE
id
tion's original bill.
more modest bill through Con-
The latter bill was proposed
gress before the gun lobby
NC
shortly after the assassination
could build up opposition to
of Senator Robert F. Kennedy.
any gun control legislation.
ey
PRESERVATION COPY
Action on Gun Laws
By delivering a powerful and factual message on
the eve of Senatorial consideration of a strong gun-
control bill, President Johnson has responded to the
popular will and raised the national sights to the
highest level.
The Presidential proposal is the toughest yet-and
it could be the most effective. It calls for national
registration of all firearms. It calls for licensing of
every person before he is entrusted with a gun. It
sets minimum Federal licensing standards to prevent
guns from being sold to or possessed by criminals,
the mentally ill and other disqualified persons.
Interstate mail-order sale of pistols and revolvers
is now banned under the omnibus crime bill which
the President signed into law last week. The needed
companion-a ban on interstate mail-order sale of
rifles and shotguns-ceems well on its way to passage.
The Tydings bill, which the Senate takes up this
week, goes beyond regulation of interstate shipments.
It would require licensing and registration for the
purchase and possession of any firearms. What the
President now urges amplifies and strengthens even
this excellent bill. The Johnson proposal provides for
Federal registration even where registration exists,
as a means of enabling the new National Crime Infor-
mation Center to identify-in a matter of computer
seconds-the owner of a gun anywhere in the United
States. And there are teeth in the measure: States
that fail to set up their own licensing systems would
be deprived of funds from the Wildlife and Conserva-
tion Trust Fund.
Now it is up to Congress to bite on the bullet
and pass the kind of law the country needs. Banning
the interstate mail-order sales of rifles and shotguns
is a must, but it is not all. The Tydings bill can be
blended into the President's new proposal or vice
versa; the name on the bill is less important than
the principle of registration and licensing on both
state and Federal levels.
Gun Sales
Are Cited
By Reagan
COLUMBIA, Calif., July 4
(UPI)-Gov. Ronald Reagan
in an Independence Day
speech today said increasing
numbers of law-abiding citi-
zens are buying guns "be-
cause they have lost faith in
government's ability to pro-
tect them."
The Governor, in remarks
prepared for a July 4th cele-
bration in this once lusty
motherlode Gold Rush town
turned state park, said if
government fulfilled its re-
sponsibiliey to protect so-
ciety, the purchase of weap-
ons would probably de-
crease.
Reagan pointed to a re-
cent Congressional commit-
tee hearing on gun control
laws where a witness testi-
fied the sales of handguns
in one state jumped eight
times during a short period.
"Can we honestly believe
that criminals in such num-
bers are rushing into gun
stores and buying guns with
which to commit acts of viol-
ence?" he asked.
"Isn't it time we pointed
out to someone that in-
creased numbers of citizens
-legitimate, God-fearing.
law-abiding citizens-are
buying those guns because
they have lost faith in gov-
ernment's ability to protect
them in their person and
their property?
"Let government fulfill its
responsibility to protect so-
ciety from the lawbreakers,
instead of the other way
around, and perhaps we
would see a decline in the
purchase of weapons," Re-
agan said.
IRS Asks Prosecution
Of Gun Law Violators
Associated Press
The I n r n a Revenue
Service says it has recom-
mended prosecution of al-
most 1600 alleged violations
of existing Federal gun con-
trol laws in a two-year drive
to step up enforcement.
There are two major areas
of Federal law controlling
the sale, use and registra-
tion of guns on the books
now.
The National Firearms Act
bans the public possession
of gangster-t pe weapons
such as sawed-off shotguns
and various kinds of ma-
chine guns. The Federal
Firearms Act contains li-
censing and registration pro-
visions for dealers and re-
stricts the interstate trans-
portation of guns by ex-
felons and persons under
criminal indictment.
A major problem confront-
ing IRS officials, given the
responsibility of enforcing
current Federal gun laws, is
m a k n g the regulations
stick.
Under the existing Fed-
eral Firearms Act, gun deal-
ers are supposed to keep a
record of each gun they sell
and the name and address
of each buyer. But in thou-
sands of cases, the informa-
tion tak e n by the dealer
turns out to be false. It is
difficult, the IRS says, to
prove a name is fictitious
and that the gun dealer
knowingly kept false rec-
ords.
RESERVATION COPYEST EDITORIAL
By Gov. Ronald Reagan (R-Calif.), in a July 4 speech
at Columbia, Calif.:
"Can we honestly believe that criminals in such num-
bers are rushing into gun stores and buying guns with
which to commit acts of violence? Isn't it time we pointed
out to someone that increased numbers of citizens-legi-
timate, God-fearing, law-abiding citizens - are buying
those guns because they have lost faith in government's
ability to protect them in-their persons and their property ?"
MA
Statement by Richard M. Nixon
June 17, 1968
New York, New York
President Johnson should cease dragging his feet on
the omnibus anti-crime bill and sign that measure into law now.
70,000 serious crimes are committed in this country every week.
The nation needs action on the crime control front immediately.
The President's procrastination on the issue is wholly
unjustifiable.
The President's demand for stronger gun control legislation
should not prevent passage of an anti-crime measure which not
only has 90 per cent of the gun control features the President
asked, but also provides new authority and new resources for
the states and communities of this country to deal with the
growing crime menace. If the President is interested in vigorous
national action against crime, he will sign this bill.
It is clear that the country and the Congress are fully
ready to take up debate on added measures for more effective gun
control. There is no call for the President to threaten to veto
the anti-crime bill - which includes a ban on the interstate
shipment of hand guns -- to get that debate under way. In my
view, the interstate mail order shipment of shot guns and rifles
should be controlled so as 1) to prevent their falling into the
hands of minors, convicted criminals, those with a history of
mental illness and others not qualified to have a gun in their
possession; 2) to prevent the mail order circumvention of state
and local gun control laws.
-more-
Reproduced at the Richard Nixon Presidential Library and Museum
-2-
Such legislation requires careful drafting - but it
can be drawn so as to protect the safety of citizens, and at the
same time not to interfere with the legitimate right of sportsmen
and hunters to buy and own weapons they are licensed to buy and
own in their own states. Legislation so drafted will, in my
view, enjoy the support of the vast majority of the Congress
and the country as well.
But let us keep this in mind: there is no gun legislation
at the Federal, state and local level that by itself will bring
us the solution to the crime crisis spawned in America in recent
years.
The solution to that crisis will depend upon wholesale
judicial reform, penal reform and the restoration of the
balance between the peace forces and the criminal forces within
society which has been partially upset by some of the decisions
of some of the courts in this country. It will require great
new investments of resources in crime research; it will entail
a dramatic increase in the number and quality of our police; it
will require a new attitude on the part of the public and on
the part of the national Administration about crime and criminals
in America. The necessary attitude has not been evident throughout
the history of this Administration ----- it is not evident today
as the Administration drags its feet on the only significant national
crime measure it has ever considered.
###
Reproduced at the Richard Nixon Presidential Library and Museum
ANALYSIS
of
THE FIREARMS CONTROL ACT OF 1967
(H.R. 11889 )
Brester-Radsbach Buster Railsbach
Sec. 2, Title 18, United States Code, is amended by inserting after Section 917 the
following new chapter:
Chapter 44 - FIREARMS
DEFINITIONS (Partial List)
Sec. 921 Firearm - any weapon, or frame or receiver, designed or converted to
expel projectile by means of explosion - manufactured after 1898
(this excludes antiques).
Handgun - pistol or revolver or other firearm designed to be fired by
single hand.
Manufacturer - includes importer.
Dealer - persons engaged in the business of selling, repairing firearms
or fitting barrels, stocks or triggers to firearms. Includes pawnbrokers.
Crime of violence - includes voluntary manslaughter, murder, rape, mayhem,
kidnapping, robbery, burglary, housebreaking, assault with dangerous
w accttenbed
weapon, extortion accompanied by threats of violence, assault with intent
to commit any offense punishable by imprisonment for more than one year,
of mabing their
arson punishable as a felony or an attempt to commit any of the fore-
any pelony
going offenses.
(excepting some
Fugitive from justice - any person fleeing a state to avoid prosecution
for a crime of violence or to avoid giving testimony in any criminal
proceeding.
UNLAWFUL ACTS
Sec. 922 (a) Licenses required. Manufacturers and dealers must have federal
license to ship, transport or receive firearms in interstate or
foreign commerce.
(b) Receipt of shipped firearms. Unlawful for any person to receive
firearms in interstate and foreign commerce knowing or having
reasonable cause to believe the shipment was in violation of (a)
above.
(c) Shipment violating State law. Unlawful for licensees to ship
firearms to State residents in violation of State laws.
(d) (1) Shipment violating local law. Unlawful to ship firearms in
interstate or foreign commerce to residents of local sub-
divisions in violation of published local ordinances.
(2) Publication. Local ordinances regulating firearms shall
be published in the Federal Register at the request of
the principal governing body of the political subdivision.
Publication in the Federal Register shall be annually and
copies furnished to all licensees. Publication must pre-
date offense by six months.
(e) Shipment to convicted or fugitive persons. Unlawful for any
person to ship firearms in interstate or foreign commerce to
indicted or convicted persons (crimes of violence) or to
fugitives from justice.
Reproduced at the Richard Nixon Presidential Library and Museum
-2-
(f) Shipment by convicted or fugitive persons. Unlawful for persons
indicted or convicted (crimes of violence) or fugitives from
justice to ship firearms in interstate or foreign commerce.
(g) Receipt by convicted or fugitive persons. Unlawful for persons
indicted or convicted (crimes of violence) or fugitives from
justice to receive firearms shipped in interstate or foreign
commerce.
(h), (i) Stolen firearms. Unlawful for persons to ship, receive,
conceal, store, barter, pledge, sell or dispose of any stolen
firearm - having reasonable cause to believe such firearm to
be stolen.
(j) Altered serial numbers. Unlawful for any person to ship or
receive any firearm with obliterated or altered serial number.
(k) Notice to carriers. Licensees must notify, in writing, the
common carrier when shipping handguns to non-licensees in
interstate or foreign commerce.
(1) Carrier delivery to minors. Unlawful for common carriers to
deliver handguns to persons under 21 having reasonable cause
to believe recipient is under 21.
(m) Interstate commerce in handguns. Unlawful for licensees to
ship handguns in interstate or foreign commerce to non-
licensees EXCEPT - by affidavit procedure.
AFFIDAVIT PROCEDURE
(1) Purchaser submits to licensee the following sworn statement:
Under penalties provided by chapter 44 of title 18, U.S.C.
($10,000 and/or 10 years), I swear that:
(1) I am over 20 years of age;
(2) I am not prohibited by the provisions of chapter 44
of title 18 from receiving a handgun in interstate
and foreign commerce;
(3) I am not now and have not been at any time during
the last five years an unlawful user of or addicted
to marihuana or any depressant or stimulant drug or
narcotic drug (defined by code references);
(4) I have never been convicted of the criminal sale or
possession or use of marihuana or such other drugs
as referred to in paragraph 3 above;
(5) I am not now and never have been adjudicated in any
court as a mental defective or committed under court
order to a mental institution; and
(6) My receipt of this handgun will not be in violation
of any State statute or published local ordinance
(defined in 922 (d) (2)) applicable to my place of
residence and the place to which this handgun is
to be shipped.
Check the appropriate box --
Attached is a true copy of any permit required
pursuant to such State statute or published
ordinance.
Reproduced at the Richard Nixon Presidential Library and Museum
-3-
Attached is a statement made by the authority
responsible for the issuing of a permit required
by such State statute or published ordinance
that such permit has been issued to me.
The title, name, and address of the principal
law enforcement officer of locality to which
the handgun will be shipped is
,
and the title, name and address
of the principal law enforcement officer of the
locality in which I reside is
. My residence is
.
Signature
Date
.
(2) Licensees must then send a copy of this affidavit and a
description of the handgun (excluding serial number) by
registered or certified mail (return receipt requested)
to (A) the designee by the Governor of State of residence
or State of shipment if different, or (B) if no official
is designated then to the local law enforcement officer
named in the affidavit. The licensee must then wait for
the return receipt or notice of refusal of the notifica-
tion; and
(3) The licensee must delay shipment for seven days after
such return receipt or refusal is received.
Licensees are required to keep records of notice and return receipt
or refusal as part of the requirements of 923(d). Governor designees
for notice receipt shall be identified to the Secretary of the
Treasury for publication in the Federal Register.
(n) Over the counter sales to non-residents. Unlawful for licensees
to deliver for sale (over the counter) any handgun to a non-
resident of the licensee's State EXCEPT - by affidavit procedure
outlined above.
(o) False representations. Unlawful for any person to make false
representations about a material fact to a licensee in connec-
tion with his attempt to acquire a firearm from the licensee.
(p) Receipt in violation of State law. Unlawful for persons to
transport into or receive in the State of residence a firearm
obtained out of State where receipt or possession is unlawful
in the State of residence.
(q) Receipt in violation of local law. Unlawful for persons to
transport into or receive in the local political subdivision
where he resides a firearm obtained out of the State where
receipt or possession is unlawful in such local political
subdivision.
LICENSES
Sec. 923 (a) License fees. Manufacturers and dealers desiring licenses to
ship or receive firearms in interstate and foreign commerce
shall apply to the Secretary of the Treasury in such form as
the Secretary prescribes. Fees are:
(1) Manufacturer - $50 annually;
& paun broba will
(2) Dealers - $10 annually (except
for the first year following
be treated equally
this act - $25);
(3) Pawnbrokers - $50 annually.
Reproduced at the Richard Nixon Presidential Library and Museum
-4-
(b) Exceptions. Upon proper filing of license application and
payment of fee the Secretary shall issue a license EXCEPT -
(1) to applicants under twenty-one years of age;
(2) to applicants prohibited by this chapter from trans-
porting, shipping, selling or receiving firearms in
interstate or foreign commerce; or
(3) to applicants who wilfully fail to disclose any material
information required or who make any false representation
about a material fact in connection with their application.
(c) Temporary exemptions. Provisions of 922(e), (f) and (g)
shall not apply to licensees indicted for crimes of violence
if such licensees give notice to the Secretary within thirty
days of indictment. Such licensees may continue operations
under the license until conviction, whereupon operations
under the license must cease.
(d) Record keeping. Licensees shall maintain records (specified)
as the Secretary shall prescribe.
EXCEPTIONS
Sec. 924
(a) This chapter does not apply to:
(1) transportation, shipment, receipt, or importation of
firearms to --
(A) United States Government or agencies thereof;
(B) States or local government or agencies thereof;
(C) Government officers or agents;
(D) Banks, carriers and others specially authorized
by the Secretary;
(E) Research laboratories designated by the Secretary;
or
(2) transportation, shipment, or receipt of antique or un-
serviceable firearms held as curios.
(b) No prohibition under this chapter of shipments of firearms
by Secretary of Defense to lawful recipients and no pro-
hibition of receipt or transportation by lawful possessors
engaged in military training or marksmanship competitions.
PENALTIES
Sec. 925
(a) Violations of this chapter, regulations hereunder, or making
false representations in applying for license or exemption
provided for in this chapter, upon conviction thereof --
$10,000 and/or ten years. Sentenced offenders are made
eligible for parole in the discretion of the United States
Parole Board.
(b) Firearms in violation of this chapter are subject to seizure
and forfeiture.
Sec. 3 The Mutual Security Act of 1954 (munitions control) and section 1715 of
title 18 of U.S. Code (nonmailable firearms) unaffected.
Reproduced at the Richard Nixon Presidential Library and Museum
-5-
Sec. 4 Conforming amendment.
Sec. 5 Federal Firearms Act (15 U.S.C. 901-910) is repealed.
DESTRUCTIVE DEVICES
Chapter 53 of title 26 U.S. Code (Internal Revenue Act of 1954, also
called National Firearms Act) regulates the traffic in certain firearms (sawed off
shotguns and rifles, machine guns and silencers) by placing heavy taxes on the
manufacture, transfer and possession of such weapons.
Sec. 6 Section 5803 of Internal Revenue Code of 1954 is amended as follows:
Business with the United States exempted. Tax imposed by Section 5801
(occupational tax) shall not apply to licensees when conducting business
with the United States. Licensees may be exempted from this chapter by
the Secretary when conducting such business.
Sec. 7
(a) Applicant's age and notice to local law enforcement required
on forms. Amends section 5814 of the Internal Revenue Code
to provide that order forms required to accompany transfers
of firearms shall include, as part of the identification of
the applicant, his age. Also, each person so transferring
any such firearm shall send a copy of the order form to the
principal law enforcement officer of the locale of his
residence.
(b) Amends subsection (e) of Section 5821 of existing law to
require a person who is required to declare his intention
of making any such firearm to include in the required
declaration form his age and to forward a copy of such
declaration to the principal law enforcement officer of the
locale of his residence.
Sec. 8 Registration with the Secretary. Amends section 5841 of existing law
to require all persons possessing such firearms to register them with
the Secretary and repeals existing law which makes an exception for
those who when they acquired such firearm complied with the provision
applicable thereto. Two circuits hold this distinction between lawful
and unlawful possession unconstitutionally self-incriminating.
Sec. 9 Identifying marks required. Amends section 5843 of existing law to
require possessors of firearms (other than importers and manufacturers)
that do not bear proper identifying marks to identify the firearm with
such marks as designated by the secretary.
Sec. 10 Destructive device added to the definition of firearms. Amends section
5848 to add to the definition of firearms in the National Firearms Act
a new category of "destructive device". Destructive devices include any
explosive or incendiary bombs, grenades, rockets (charges over 4 oz.),
missiles, mines, and any weapons with a bore diameter of 0.78 inch or
larger. Excluded from the definition are rifles and shotguns, line or
signal throwing devices, firearms using black powder, devices not
designated or used as weapons and devices used by the U.S. Government.
Firearms, as used in the National Act, is redefined to include the
frame or receiver of such weapons and any such weapon which can be
readily restored to firing condition.
Sec. 11 Applicability of other law not affected --
(1) chapter 44 of title 18, U.S.C. (firearms);
(2) section 414 of Mutual Security Act of 1954 (munitions control); or
(3) section 1715 of title 18, U.S.C. (nonmailable firearms).
Reproduced at the Richard Nixon Presidential Library and Museum
-6-
Sec. 12 Possession in violation of State and local law. Amends subchapter C of
chapter 53 of existing law by adding at the end thereof two new sections,
section 5856 which makes unlawful the possession of a firearm --
(a) in the State of residence if obtained outside the State
and if such possession is unlawful within the State.
(b) in local political subdivision of residence if obtained
outside the State and if such possession is unlawful
within the political subdivision, and new section 5857
which makes possession of a firearm unlawful by persons
under 21 years old.
Sec. 13 Penalties. Amends section 5861 of existing law to increase the penalties
from maximums of $5,000 to $10,000 and from two years to ten years im-
prisonment. Sentenced offenders are made elígible for parole in the
discretion of the U. S. Parole Board.
Sec. 14 Technical conforming amendment.
Sec. 15 Effective dates. (a) The Act shall become effective six months after date
of enactment. Allows time for regulations and administrative details.
(b) Persons required to register firearms because of these National
Act amendments, Sec. 5848 (Sec. 10 of this Act) shall have ninety
days after the effective date to do so.
Reproduced at the Richard Nixon Presidential Library and Museum
United States Senate
MEMORANDUM
Marty,
68
Here's a couple of
speeches on law of
order. One has details
of Calif gun laws
broken by Sirhau Sirhan.
Kur
Reproduced at the Richard Nixon Presidential Library and Museum
Congressional Record
United States
of America
PROCEEDINGS AND DEBATES OF THE 90th CONGRESS, SECOND SESSION
Vol. 114
WASHINGTON, WEDNESDAY, JUNE 19, 1968
No. 105
Senate
FIREARMS CONTROL
These figures very dramatically show
a concealed firearm without a license.
the importance of the handgun restric-
Sirhan probably did not have such a
Mr. MURPHY. Mr. President, the ques-
tions contained in the omnibus crime
license.
tion of controlling the indiscriminate
bill recently passed by Congress. Yet, the
With certain exceptions for law en-
sale, possession, and use of firearms has
crime bill still awaits the President's
forcement officers and military person-
resulted in a flood of mail coming into
signature. I urge him promptly to sign
nel, section 12031 of the penal code makes
my office. As of this date, more than
the omnibus crime bill which passed both
it unlawful to carry a firearm concealed
60,000 letters, telegrams, and petitions
the Senate and House by overwhelming
upon the person. Sirhan allegedly was
have been received. Many people of my
majorities.
carrying a loaded concealed weapon.
State feel that new laws are needed.
Mr. President, in order to put the gun-
Finally, another section of the Cali-
Many others feel that better enforcement
control issue into proper perspective, I
fornia Code, section 12072, provides that
of the laws already on the books is our
want to repeat again that all the addi-
if a person in lawful ownership or pos-
greatest problem.
tional laws in the world will not stop
session of a gun wishes to give it or sell
Given the growing public interest in
crime unless there is better law enforce-
it to someone else, he must ascertain
gun legislation, I feel obliged to repeat
ment and unless public respect for law
whether the purchaser or donee, as the
my thoughts on the subject, which have
and order is renewed.
case may be, is qualified under Califor-
been a matter of public record for some
For instance, my own State of Cali-
nia law to own and possess a gun. Ap-
time. I am in favor of reasonable gun
parently that statute was also violated.
fornia has some of the most compre-
controls. I am in favor of reasonable gun
From this sad recitation of the laws
hensive and carefully drawn legislation
controls today, and I have always fa-
broken during recent tragic events, it is
to control firearms of any State in the
vored them in the past. I voted for rea-
Union. Yet, the horrible crime of political
apparent that simply passing another
sonable, enforceable gun controls when
assassination which took our beloved col-
law will not necessarily solve the prob-
the omnibus crime bill was before the
league Senator Robert F. Kennedy from
lem which is uppermost in people's
Senate. This bill specifically places strict
minds today.
us occurred in California, His alleged as-
restrictions upon the sale of handguns.
Rather our first imperative must be to
sassin violated at least five sections of the
Statistics indicate that handguns are,
make a deliberate and sustained effort to
California Penal Code relating to fire-
for obvious reasons, the type of weapon
return to all our laws their former pri-
arms.
most favored by criminals. According to
macy. This requires that the public re-
Sirhan B. Sirhan, the suspect, is an
spect and observe the law, and that law-
figures supplied to me by the Library of
alien. Section 12021 of the California
enforcement officers be encouraged and
Congress, handguns were used in 25 per-
Penal Code prohibits aliens from possess-
assisted in performing their duties.
cent of all major crimes in the USA in
ing firearms. Sirhan apparently broke
Mr. President, once the omnibus crime
1966, while long guns were employed in
that law which carries maximum penal-
bill becomes law, I intend to consider the
only one-half of 1 percent of major
ties of 15 years imprisonment and a
many proposals for additional firearm
crimes. When murders are isolated from
$500 fine.
controls with an open mind. I will care-
other types of major crimes, the role of
Another California law, section 12022,
handguns looms even larger. I am told
fully scrutinize and enthusiastically sup-
makes it a crime, punishable by 5 to
port any further gun legislation which
that 60 percent of all murders committed
10 years internment, to commit a felony
in America in 1966 involved the use of
in my judgment, serves the public inter-
while armed with a firearm.
est.
firearms, and over two-thirds of these
A third provision of the California law,
murders were done with handguns.
section 12025, makes it unlawful to carry
I know you will understand why I
must the this means to answer you. The
volume of mail I have received concern mig gain
legislation mahes it imporvible for me toneply
personally. I appreciate bearing from you and
assure you that your news are being
caupully consided
sincerely
Gange
Reproduced at the Richard Nixon Presidential Library and Museum
Congressional Record
United States
of America
PROCEEDINGS AND DEBATES OF THE
90th
CONGRESS, SECOND SESSION
Vol. 114
WASHINGTON, TUESDAY, JUNE 18, 1968
No. 104
Senate
NEGATIVE FAULT-FINDING WITH
apparently because he disagreed with
Moreover, it is worth noting that we,
EVERYTHING AMERICAN
the political philosophies of some of the
the 200 million allegedly guilty people of
Mr. MURPHY. Mr. President, my re-
people named to the Commission. He de-
America, provide much of the money to
marks today have to do with the develop-
manded that our colleague, Senator
pay for such textbooks. Until the June
ment of an attitude on the part of some
HRUSKA, and Mr. Hoffer resign from the
Arab-Israeli war of last year, the United
Americans which I have watched with a
Commission, because, in his opinion,
States provided two-thirds of the budget
great deal of disturbance and discour-
these two distinguished Americans had
for the United Nations Relief and Works
agement over the last few years. It seems
closed their minds to the matter which
Agency-UNRWA-which supports ref-
that a strangely defensive, almost defeat-
the Commission will investigate. Frank-
ugee programs, including refugee educa-
ist attitude seems to be developing in our
ly, in this Senator's view, Mr. Schles-
tional programs-and including the type
country. Negative faultfinding with
inger appears to be the one who is guilty
of textbooks to which I have just re-
everything American is becoming the
of prejudgment and narrowmindedness.
ferred. Although as of last June we had
order of the day. Here in the freest, most
Instead of talking SO extensively and
contributed $425 million out of UN
progressive and productive society ever
morbidly about "mass guilt" and a "sick
RWA's budget of $625 million, to my
created, I am astonished to find that our
society," I would suggest that attention
knowledge we have never seriously tried
schools and universities, our culture, our
be given to some of the real causes of
to stop the hate propaganda generated
Armed Forces, our laws and civic leaders,
our problems. Let us start, for instance,
in the schools and in other ways among
our free enterprise system, and our so-
with the character and the background
the unfortunate refugees.
cial structure in general are routinely
of some of the individuals charged with
I regret to say Americans may have
downgraded and often subjected to open
the horrible crime of political assassina-
indirectly, and certainly unknowingly,
attack.
tion. Lee Harvey Oswald's record shows
subsidized the politics of hate in the
The rules of the game played by Amer-
he was discharged from the Marine
Middle East. Yet, having lived in the
ica's detractors seem to require that they
Corps under highly questionable circum-
United States for well over 50 years, I
seek out and expose what are often minor
stances, which clearly sets him apart
must note that hatred does not seem to
imperfections, while they carefully avoid
from that great body of fine, and I think
be a normal characteristic of the indi-
any mention of the positive, creative, and
representative, young Americans. By his
vidual American citizen. Certainly, we
productive aspects of our society. More-
own choice Oswald then went to live in
should insist that those who preach hate
over, at the same time that America's
the Soviet Union, a country whose ide-
should pay their own bills. And from now
difficulties are being magnified out of all
ologies are violently opposed to those of
on, we would vigorously oppose any of
proper proportion, many more basic
America, and this obviously sets him
the distortions and lies which are told
faults in the social and economic struc-
further apart from the great major-
about us. Let us, for a change, insist that
ture of countries opposed to us are dis-
ity of ordinary, God-fearing, law-abid-
the truth be told about the 200 million
missed as transient and unimportant.
ing American citizens. When he came
people who live in the United States.
I am distressed to find that it is be-
back to the United States-and there
Mr. President, it is high time that the
coming fashionable in some circles, in
were those who counseled against allow-
practitioners of political hatred abroad
fact in far too many circles, to speak of
ing him to return-he exhibited many
and the prophets of gloom in the United
America as a "sick society." Certain
antisocial attitudes and if I recall cor-
States be put in their proper place. We
political leaders and highly publicized
rectly, he actively attempted to drum up
are most fortunate that two alleged as-
opinionmakers seem to enjoy promoting
support for Castro's repressive regime in
sassins, James Earl Ray and Sirhan Sir-
the idea of a "mass guilt" for recent
Cuba. I see no reason why 200 million
han, will be brought to trial. Hopefully,
tragic events. A Presidential Commission
Americans should be blamed for the ac-
this will happen in the not-too-distant
has even suggested that this type of
tions of this unfortunate young man.
future, and it will afford us an opportu-
general condemnation is the main source
To date we know very little about
nity to learn exactly what hatred or
of many of our problems.
what motivated the accused killer of Dr.
sickness motivated these two men-ex-
I personally have never subscribed to
Martin Luther King. But this much
actly what, if any, additional individuals
the theory that 200 million Americans
seems to be true, and this much has been
or groups prompted or supported their
are responsible for the violence, law-
alleged in the press: He is a habitual
unthinkable crimes. Once the evidence
lessness, and general breakdown of our
lawbreaker, an escaped convict, whose
is presented and once the jury has
legal, moral, and social system. On the
record clearly indicates he is an outcast,
reached its verdict, it is my sincere hope
contrary, I think such activities are com-
rather than a representative member of
that he will have conclusive proof that
pletely unrepresentative and un-Ameri-
American society. However, something
200 million Americans do not have to
can. In fact, I have always had the feel-
more is known of the man alleged to
share any part of the guilt of these al-
ing that a small group of troublemakers
have taken our beloved colleague Sena-
leged assassins.
are seeking to use America's problems as
tor Robert F. Kennedy from us. As it
In the meantime, Mr. President, I feel
an excuse for violent, undemocratic ac-
turns out, he is not an American at all.
that we owe a tremendous debt of grati-
tions-actions which are in no way con-
In fact, he has lived here only part of
tude to the often maligned and fre-
nected with potential solutions to our
his life. His formative years were spent
quently impeded law enforcement agen-
problems.
in the Middle East, where he was most
cies-local, State, Federal, and even
Rather than accept the "mass guilt"
likely exposed to intrigue and alien ide-
international-which have done such a
theory as a basis for increasing violence,
ologies.
masterful job in apprehending these
I am strongly inclined toward the think-
Although I do not wish to say any-
suspects. Operating in a calm, profes-
ing of Eric Hoffer, the San Francisco
thing which might prejudice the case
sional manner despite the atmosphere
longshoreman and philosopher. Mr.
being developed against Sirhan Sirhan,
of unrest, distrust and confusion, which
Hoffer has said that if in fact any mass
I think it appropriate to note that most
I regret to say is created at times by
guilt exists, it arises out of our cumula-
Palestinian refugees are steeped in the
the actions of certain public figures,
tive failure to react violently enough to
politics of hate from early childhood.
these men have performed in a mag-
the growing violence around us. Mr.
Schools for Palestinian refugees in par-
nificent manner.
President, I am delighted that this
ticular, and for Arabs in general, I am
I hope my colleagues in the Senate
prominent Californian has been named
afraid, emphasize hate for Israel and the
will join me in paying tribute to my
to President Johnson's new Commis-
West in the most undisguised and offen-
long-time friends, Chief Thomas Reddin
sion on Violence.
sive manner. For instance, a typical
of the Los Angeles Police Department,
I am sorry, however, to point out that
math problem describes one Arab meet-
Sheriff Peter Pitchess of Los Angeles
the negative, fault-finding game con-
ing 10 Israelis. The refugee child is told
County, and District Attorney Evelle
tinues-America's detractors are re-
that the brave Arab kills eight Israelis
Younger, for the careful, proficient, and
doubling their efforts. Just a few days
and is asked how many Israelis are left.
yet swift manner in which they and their
ago, Prof. Arthur Schlesinger, Jr., a for-
This sounds like an exaggeration, I am
men have handled the Sirhan case. I fur-
mer adviser to President Kennedy, de-
sure, but it is an accurate, although
ther would ask my colleagues to join me
clared on nationwide TV that the new
brief, description of a situation that has
in expressing our appreciation for the
Presidential Commission on Violence
obtained in that part of the world for
magnificent work done by the men of the
was not constituted in a serious manner,
too many years.
Federal Bureau of Investigation, di-
Reproduced at the Richard Nixon Presidential Library and Museum
rected by that great American, Mr. J.
Edgar Hoover.
We Americans also owe a debt of grat-
itude to law enforcement officers in other
countries who were involved in this fine
example of advanced police work and
international cooperation. We must par-
ticularly single out the Royal Canadian
Mounted Police, who untiringly screened
thousands upon thousands of passport
photos, and the men of the famed Scot-
land Yard, who patiently waited for an
opportunity to apprehend the suspect.
Finally, I urge all Americans to sup-
port our law enforcement agencies at
the local, State, and Federal levels. We
must all realize and understand the com-
plex problems involved in the mainte-
nance of law and order. As I noted re-
cently on the Senate floor, the effective-
ness of our laws depends most upon good
enforcement. Due process of the law is
also a function of timely and just en-
forcement. Reestablishment of respect
for the existing laws of the land, com-
bined with public support for our police
officials, may well be the most vital im-
perative of our time.
To sum up, Mr. President, I think it
is time that we all stop acting like the
character in my good friend Al Capp's
Little Abner cartoon who is always walk-
ing around with a big black cloud over
his head labeled "gloom." It is time to
reemphasize those attributes of individ-
ual character-the pride, the charity,
the kindness-for which our society has
been renowned throughout the world.
There is nothing in all of history to com-
pare with the assistance and support
America has extended to other nations.
Never have a people been more chari-
table or well disposed toward others than
have the people of our great country.
This is the American tradition as it
really is-not as the troublemakers and
the prophets of turmoil would have us
believe.
In the past, Americans have many
times faced great challenges and seem-
ingly insurmountable problems. In the
past, Americans have always risen in
unison and with determination to con-
front those challenges. They have at-
tacked their problems with common-
sense, inventiveness, faith, self-confi-
dence, and have been very successful in
finding solutions.
Today, our leaders must once again
inspire our people to face adversity with
the optimism, the creativeness, and the
determination which are basic in the
character and in the soul of every Amer-
ican citizen.
Today, we, the people of America, must
VOW to emphasize what is right, what is
decent, what is good about our great
country. Certainly, we face many com-
plex problems today-but, to borrow
some words from an old song, it is time
to "accentuate the positive and eliminate
the negative."
So let us try to convince America's
detractors to concentrate their efforts in
other areas of the globe more worthy of
their attention and questionable talents.
Above all, let us agree to tell the truth,
the whole truth, and nothing but the
truth about this great country of ours
and its 200 million citizens. I believe we
have more to be proud of than we have
to be ashamed of.
Reproduced at the Richard Nixon Presidential Library and Museum
A001
zt
Telegraph Editors
Priority stories for Wednesday AMS:
PARIS - French crisis.
SAIGON - Rocket attacks.
AOO 2WX
lbylWX
WASHINGTON Gun Control Lead A104WX add: that time. 3 0
A ban on mail order sale of pistols was included in a broad crime
control bill which Congress sent to President Johnson last week. The
House completed action on that bill following the fatal shooting of
Sen. Robert F. Kennedy, D.N.Y.
But Johnson spoke out strongly, saying a tougher measure 1s needed
to keep guns out of the hands of irresponsible people. He called
specifically for restrictions on sales of rifles and shotguns.
Sen. Dodd proposed also federal registration of all firearms in a
second bill he introduced.
Johnson, meeting at the White House with Democratic congressional
leaders Tuesday, had Atty. Gen. Ramsey Clark outline the administration
proposal.
Sen. Mike Mansfield of Montana, the Senate Democratic leader,
said: We had at good conversation on the gun bill. Asked about the
outlook in Congress, he replied: " That's up to the committees"
which will handle the legislation.
In the wake of the Kennedy assassination, meanwhile, the National
Council for a Responsible Firearms Policy pushed more
strongly for tight federal gun control legislation.
James V. Bennett, former director of the Federal Bureau of Prisons
and president of the association told a news conference: People
are aroused now over the need for action.
The nation is sickened by guilt consciousness over political
assassinations and other firearms murders, he said.
Bennett said he would prefer a law as tight as that in Japan where
he said all firearms, whether long guns or pistols, are denied to
anyone except law enforcement officials and a very few other closely
screened individuals.
But he said he does not envision any such stringent controls in the
United States at least for many years. There will long be sportsmen
in this country who will make what they consider wholly legitimate
use of the long guns, Bennett said.
Bennett said even the newest administration control proposal is
inadequate. A major lack, he said, is the absence of a federal
registration system for all firearms.
The major current aim, Bennett said, would be to put all the guns
in the country into a computer so that any weapon found in connection
with a crime could be immediately traced.
There is no need for exemption of long guns, Bennett said, and
asserted that more than 30 per cent of more than 6,000 annal killings
in the United States involve such weapons
As Congress, 5th graf A001WX counting A097 insert
EG111ped June 11
Reproduced at the Richard Nixon Presidential Library and Museum
A104WX
czzcuiv
URGENT
Gun Control Lead
WASHINGTON AP - President Johnson's latest bid for a tougher gun
control law was defeated today in the House Judiciary Committee by
a tie vote but Chairman Emanuel Celler, D_N.Y., held out hope for a
favorable vote next week.
The committee deadlocked 16-16 on Celler's motion to report
immediately the bill submitted by the administration Monday.
That measure, introduced in the House by Celler and in the Senate
by Sen. Thomas J. Dodd, D-Conn., would forbid mail order sales of
rifles and shotguns as well as of handguns.
Rep. William M. McCulloch, R_Ohio, senior committee Republican,
voted against immediate action but made a motion to reconsider the
vote. It was agreed the committee would vote again June 20.
Celler said he expected a compromise version of the legislation
would be approved at that time.
Congress sent 4th graf A001WX counting A097WX insert.
PD1231ped June 11
Reproduced at the Richard Nixon Presidential Library and Museum
A013WX
zyyWX
Gun_Control Insert 120
WASHINGTON Gun Control Lead A104WX insert after 5th graf: that time.
At the White House, the President called on the committee to
reconsider promptly what he called this shocking blow to the
safety of every citizen in this country."
He said in a statement the deadlock is a. bitter disappointment to
all Americans and to the President. There 1s no excuse whatsoever
for failure to act to prohibit the interstate mail order sale of
rifles. "
He added: "Of the two million guns added each year to the
arsenal already in the hands of millions of Americans one
million are sold by mail-order houses in interstate commerce.
And 30 per cent of the murders by firearms committed each year
in this country are by rifle and shotgun fire. "
A ban, 6th graf 1st graf A002 add
cZ213ped June 11
Senate Chiefs Call for Caution
On Johnson Gun Control Plans
6/11/68 WASHINGTON, June 10-
18-1
By JOHN W. FINNEY
Special to The New York Times
stringent,"
represented
a
The Senate leadership took the
"cure-all."
political initiative in Congress
The two leaders sounded the
away from the White House
negative note in statements on
today by urging caution to-
the Senate floor only a few
ward stronger gun control leg
hours before the Justice De-
islation proposed by the Ad-
partment sent to Congress the
ministration.
Administration's specific pro-
The Republican leader, Ever-
posals for strengthening con-
ett McKinley Dirksen of Illi-
trols over sales of firearms.
nois, rejected Administration
Immediately after the death
proposals for new controls over
of Senator Robert F. Kennedy
the interstate sale of rifles and
of New York last week, Presi-
2
shotguns. He contended, "There
7
dent Johnson said he would
6
is enough gun legislation on
seek stronger cortrols on the
6
the books now."
3
sale of firearms.
2
The Democratic leader, Mike
Congress last week com-
0
Mansfield of Montana, though
1
pleted action on legislation re-
5
promising prompt consideration
stricting the interstate sale of
;
of any gun control legislation
handguns, but the President
submitted by the Administra-
said this was "a halfway meas-
tion, expressed doubt that new
gun laws, "no matter how
Continued on Page 33, Column 3
Reproduced at the Richard Nixon Presidential Library and Museum
HE NEW YORK TIMES, & SDAY, JUNE 11, 1968
Senate Chiefs Call for Caution on Johnson Gun Control Plans
Continued From Page 1, Col. 7
before the Congress adjourns.
after the Clark letter had gone
passed crime control bill a
continued, "lies in a sense of
While the time is short before
to Capitol Hill did the Jus-
provision banning mail order
responsibility, parental control,
ure" inadequate to deal with
adjournment, so also is the time
tice Department get around to
sales of revolvers and pistols.
short for the country to move
announcing the action. Jus-
more and better-trained police,
the "deadly commerce" in fire-
Deploring what he called the
improvement of environmental
arms."
to control the principal weapon
tice Department officials ex-
"emotional outburts" in the
conditions, obedience of the
of crime-the gun."
plained the delay was caused
The legislation proposed to-
press for stronger gun controls,
law, and less protection for the
The legislation was submitted
by the "problem of getting
Senator Dirksen said:
day would ban the mail order
with a minimum of political
clearances" for the press re-
criminal and more protection
"Let's start applying what
for the innocent."
sale of rifles and shotguns and
fanfare by the Justice Depart-
lease.
we've got. The people who are
Before an empty Senate
prohibit over-the-counter sales
ment. One reason was that up
By its delay in submitting
pressuring for more controls
chamber, Senator Thomas J.
of such firearms to out-of-state
until the last minute the
the legislation to Congress, and
don't know what's in the bill."
Dodd, Democrat of Connecti-
residents. It would also forbid
Administration was debating
then with a minimum of pub-
Also referring to "pressure"
cut, introduced two gun control
the sale of rifles and shotguns
what new gun curbs should be
licity, the Administration ap-
for gun laws, Senator Mans-
bills today. One would prohibit
proposed to Congress.
peared to have weakened its
to persons under 18 years of
field said, "It is Imperative for
mail order sales of rifles and
Some consideration was
chances of pushing stronger
the American people to under-
shotguns. The other would pro-
age.
given to proposing registration
gun controls through an al-
stand that no type of gun law
vide for compulsory Federal
The Administration has pro-
of all guns. But that proposal
ready skeptical Congress.
will prevent murder, and that
registration of all firearms. In
posed basically the same leg-
was laid aside on the grounds
Both Senator Mansfield and
any law passed will not prevent
addition, the Dodd bills would
islation in the past only to
that it was too controversial
Senator Dirksen took the posi-
persons who are bent on break-
prohibit the sale of ammunition
have it rejected by the Senate
to be quickly adopted by Con-
tion that Congress had made a
ing the law from acquiring guns
to any person who could not
and ignored by the House.
gress.
good start on gun controls by
or weapons of any sort."
prove that his gun had been
The only innovation was a
Not until some three hours
incorporating into the recently
"The answer," Mr. Mansfield
revival of a once abandoned
registered.
proposal for a ban on the inter-
state sale of ammunition. As a
concession to hunters, however,
the proposed legislation would
not ban over-the-counter sale
of ammunition to residents of
another state.
In a letter to Speaker John
W. McCormack of Massachu-
setts submitting the Adminis-
tration's bill, Attorney General
Ramsey Clark said: "Rifles and
shotguns have become the
chosen instruments of slaughter
for snipers and assassins. Any
truly effective firearms legis-
lation simply must cover long
guns as well as handguns."
"We have debated the issue
beyond reason," Mr. Clark said.
"I urge the Congress to give
immediate consideration to this
extremely important legisla-
tion." He went on:
"There must be action now
Reproduced at the Richard Nixon Presidential Library and Museum
N
NIXON FOR PRESIDENT COMMITTEE,
NATIONAL HEADQUARTERS,
1726 PENNSYLVANIA AVE., N.W., WASHINGTON, D.C. 20006 (202) 783-4201
MEMORANDUM
TO: Alan Greenspan
FROM: Don Webster
cc: Robert Ellsworth
June 10, 1968
The attached remarks by Rep. Curtis make a very interesting point
on how the Administration has failed to enforce gun control laws now on
the books. Conceivably RN could use this to good effect at the approp-
riate time.
Individual views of Senators Dirksen, Hruska, and Thurmond, which
I have included, also make the same point. I also am getting the 1965
hearings of Ways and Means which document this more fully, and will send
them up to you.
Don
Reproduced at the Richard Nixon Presidential Library and Museum
June 5, 1968
CONGRESSIONAL RECORD - HOUSE
H4545
Mr. CORMAN. Mr. Speaker, the shock
LAW ENFORCEMENT
House for 1 minute and to revise and
of the assassination attempt on Senator
(Mr. JONES of Missouri asked and was
extend his remarks.)
ROBERT KENNEDY'S life early this morn-
given permission to address the House
Mr. STEIGER of Wisconsin. Mr.
ing has penetrated deeply into the hearts
for 1 minute and to revise and extend
Speaker, Senator CHARLES H. PERCY will
and minds of every decent person in this
his remarks.)
testify before the House Republican
country and throughout the world. We
wonder with horror how, once again,
Mr. JONES of Missouri. Mr. Speaker,
urban affairs task force on Thursday,
I believe there is unanimity in deplor-
June 6, at 12 o'clock noon in room H-202
such a thing could happen to us.
ing the dastardly attempt to take the
in the Capitol. This will be the 10th in a
We do not yet know any details, and
life of the junior Senator from New
series of task force hearings on major
so we cannot point an accusing finger at
York. I join with others in the prayer
problems confronting the urban areas.
any one person, any one group, or any
one reason for this malevolent act. But,
he will enjoy a complete recovery.
Senator PERCY, a recognized proponent
we do know that the thin veneer of
It is regrettable we do not have the
of involving the private sector in meeting
decency in human beings apparently can
same unanimity in recognizing the need
our Nation's housing needs through his
be scratched very easily-to the point
for attempting to correct the conditions
proposed National Home-Ownership
which have brought about the increas-
Foundation, will address the task force
that an evil act such as this can be per-
ing return of lawlessness, including vio-
on our Nation's housing needs. Addition-
petrated upon another of our Nation's
lence, which has been rampant over the
ally he will present his views on involv-
leading citizens.
past several months.
ing the private sector in programs to
The forces of hate and violence must
I am referring particularly to the at-
meet other urban problems.
be dispelled in our society. We must find
a way to make words such as decency,
titude of those in high places-in the ex-
I am very proud of the record estab-
ecutive, in the judicial, and in the legis-
lished by the House Republican urban
love, freedom, and democracy have real
lative branches of our Government-
affairs task force in seeking the advice
meaning to every person.
where we apparently have been more in-
of these several experts on the urban
I hope for the termination of hate and
violence in our society with the same in-
terested in protecting and justifying the
crisis. Among the experts testifying be-
tensity that I hope for the full recovery
lawless actions of those who riot, kill,
fore the task force have been New York
of Senator KENNEDY. We must have a
burn, steal, and rape than in protecting
City Mayor John Lindsay, the executive
the innocent.
directors of the League of Cities, Patrick
country where man can walk and work
We do not need more laws. We need
Healey; the National Association of
unafraid and unmolested.
the determination to enforce the laws
Counties, Bernard Hillenbrand; the U.S.
Mrs. Corman and I extend our heart-
felt sorrow to the Senator's family, and
that are already on the books.
Conference of Mayors, John Gunther;
I cannot in these brief remarks set
and Dr. Thomas Matthew, of the Na-
we hope that the hours ahead will bring
forth all of the incidents which are so
tional Economic Growth and Recon-
the good news of his complete recovery.
well known by all of us, but I would cite
struction Organization.
the disgusting conduct of the chief law
These public hearings have produced
GENERAL LEAVE TO EXTEND
enforcement officer of this Nation, the
invaluable information for the continu-
Attorney General, who, yesterday in
ing dialog on one of our Nation's fore-
Mr. ALBERT. Mr. Speaker, I ask
capitulating to the demands of anarch-
most problems. In speaking for the Re-
unanimous consent that all Members
ists, permitted not the 20 representatives
publican urban affairs task force, I wish
who desire to do so may extend their re-
from the so-called Resurrection City
to say we are glad to be a part of this
marks at this point in the RECORD.
that he had originally agreed to hear but
constructive dialog.
The SPEAKER. Is there objection to
100 representatives, who took over his
the request of the gentleman from
Oklahoma?
office and made illegal threats and de-
mands as he passively submitted to this
ENFORCEMENT OF CRIME LAWS
There was no objection.
abuse, without calling into action the law
(MT.
CURTIS asked and was given
enforcement officers who were readily
permission to address the House for 1
GENERAL LEAVE
available.
minute and to revise and extend his re-
The Attorney General listened sub-
Mr. ALBERT. Mr. Speaker, I ask
marks and to include extraneous mat-
missively to the threats of increased vio-
unanimous consent that all Members
ter.)
lence. I do not know if he was acting
may have 5 legislative days in which to
Mr. CURTIS. Mr. Speaker, I am moved
under directions of the President in per-
extend their remarks in the RECORD on
to take the floor to commend my col-
mitting this mob to take over his office,
the terrible tragedy which occurred ear-
league from Missouri [Mr. JONES] for
but I do recall that many months ago the
lier today.
what I think is a splendid statement. I
President did permit the late Martin
The SPEAKER. Is there objection to
think it is about time this were under-
Luther King to inform him that his
the request of the gentleman from
lined. We do not need more laws. We
group would obey those laws of which
Oklahoma?
need enforcement of the laws that are
they approved and would violate those
on the books. Let me illustrate specif-
There was no objection.
laws with which they did not agree, and
ically. We have the Federal Firearms Act
that the President did not discourage
and the National Firearms Act. If these
the threats that were made at that time.
acts were properly enforced, the assas-
PERMISSION FOR COMMITTEE ON
This was notice to the world that the
sination of President Kennedy and the
APPROPRIATIONS TO HAVE UN-
President could be intimidated and that
assassination of Martin Luther King
TIL MIDNIGHT, JUNE 7, TO FILE A
he would yield to the illegal demands of
could never have occurred. This will
PRIVILEGED REPORT ON SEC-
other groups, thereby losing not only the
probably prove to be the case in the
OND SUPPLEMENTAL APPROPRIA-
respect but inviting the accelerated in-
attempted assassination of Senator ROB-
TION BILL FOR 1968
crease in crime and violence, by the law-
ERT KENNEDY, as well.
Mr. MAHON. Mr. Speaker, I ask
less element of this Nation.
unanimous consent that the Committee
There is a need for return to law en-
Our Committee on Ways and Means
on Appropriations may have until mid-
forcement by all the departments of the
held hearings on this matter two years
night, Friday, June 7, to file a privileged
Government, and this new direction
ago, We had the Attorney General of the
should start at the White House, with di-
United States come before us with ex-
report on the second. supplemental ap-
rection to the Department of Justice to
amples of guns being sold across our
propriation bill for 1968.
get on the side of the people who respect
borders to criminals, this is against these
Mr. JONAS reserved all points of or-
law and order.
laws. I think 40 were sold by one operator
der on the bill.
in Maryland which were shipped to crim-
The SPEAKER. Is there objection to
inals in the District of Columbia. I asked
the request of the gentleman from
REPUBLICAN URBAN AFFAIRS TASK
the Attorney General then whether they
Texas?
FORCE HEARINGS ON MAJOR
had revoked the Federal license that this
There was no objection.
PROBLEMS CONFRONTING THE
gun dealer in Maryland had. They had
URBAN AREAS
not done that. Had they carried out the
Mr. MAHON. Mr. Speaker, it is hoped
it will be possible for the bill to be on
law requiring this gun dealer to keep a
(Mr. STEIGER of Wisconsin asked and
list by name and address of those to
the floor on Tuesday next June 11.
was given permission to address the
whom he sold the guns? They did not
Reproduced at the Richard Nixon Presidential Library and Museum
4546
CONGRESSIONAL RECORD - HOUSE
June 5, 1968
check on that. Did they require these
I was distressed to find out that there
Mailliard
Pirnie
Selden
people to identify themselves so that
were no requirements by regulation. Not
May
Price, Ill.
Stratton
Mayne
Rees
they could not use fictitious names? They
Teague, Calif.
even the apparently obvious one of re-
Miller, Calif.
Resnick
Teague, Tex.
had not done that. They had done noth-
quiring that a purchaser of firearms pro-
Murphy, Ill.
Rivers
Utt
ing. To this very day the Attorney Gen-
duce identification to show that he is
O'Hara, Ill.
Rooney, N.Y.
Vigorito
Olsen
eral of the United States is not enforcing
Roybal
Waldie
not using a fictitious name, and that the
O'Neal, Ga.
St Germain
Wilson,
these laws, nor is the Department of the
seller check with the police department to
Passman
Scheuer
Charles H.
Treasury, which has a part of this juris-
see whether the prospective purchaser
The SPEAKER. On this rollcall 366
diction for the enforcement of these
had a criminal record. The Attorney Gen-
Members have answered to their names,
laws, enforcing them.
eral and the Commissioner of Internal
a quorum.
Mr. Speaker, under permission to re-
Revenue obtained their original data that
By unanimous consent, further pro-
vise and extend my remarks I will put
40 percent of the sales of a particular
ceedings under the call were dispensed
some further details in, but let me say
store were to convicts in the District of
with.
that this is what we need-a little law
Columbia by checking with the District
enforcement of the acts that we have
of Columbia Police Department. It seems
on the books today, particularly by people
obvious that a regulation requiring a
AMENDING THE NATIONAL FOUN-
in high positions.
similar check by a store owner would
DATION ON THE ARTS AND THE
In this context it is important to bear
have stopped the sales in the first place.
HUMANITIES ACT OF 1965-CON-
in mind that we have had firearms legis-
So, incidentally, would this kind of en-
FERENCE REPORT
lation on our Federal statute books for
forcement have caught up with Oswald,
Mr. THOMPSON of New Jersey. Mr.
the past 30 years. The history of the fire-
who assassinated President Kennedy,
Speaker, I call up the conference report
arms legislation began with the Na-
when he sought to purchase a gun by
on the bill (H.R. 11308) to amend the
tional Firearms Act of 1934, which was
mail from a federally licensed dealer, as
National Foundation on the Arts and
enacted to curb the flow of machineguns,
well as the assassinator of Martin Luther
Humanities Act of 1965, and ask unani-
sawed-off shotguns, and other nonsport-
King, inasmuch as it appears that he
mous consent that the statement of the
ing weapons to the gangsters who flour-
purchased a gun not under his own name
managers on the part of the House be
ished in that period. In 1938 the Federal
but under an alias.
read in lieu of the report.
Firearms Act was enacted. This legisla-
The testimony of the Attorney General
The Clerk read the title of the bill.
tion was more comprehensive than the
and the Commissioner revealed how in-
The SPEAKER. Is there objection to
original National Firearms Act in that it
adequately the present laws have been
the request of the gentleman from New
included provisions for the regulation of
enforced, even after the assassination of
Jersey?
interstate transportation of all varieties
President Kennedy. It is tragic that the
There was no objection.
of firearms. Both of these acts provide
news media failed to report these facts
The Clerk read the statement.
for enforcement by the Secretary of the
to the people when they were adduced
(For conference report and statement,
Treasury under licensing and fees provi-
in open public hearings. The people need
see proceedings of the House of June 3,
sions under sections 5801-5862 of the In-
to understand where our laws need im-
1968.)
ternal Revenue Code.
provement, and where the administra-
Mr. THOMPSON of New Jersey (dur-
The House Ways and Means Commit-
tion of the laws need improvement. These
ing the reading). Mr. Speaker, I ask
tee, of which I am a member, considers
are two distinct matters, the first under
unanimous consent that the statement
all legislation dealing with amendments
the jurisdiction of the Congress, the sec-
of the managers be considered as read.
to the Internal Revenue Code. Conse-
ond of the President.
The SPEAKER. Is there objection to
quently, in 1965 when the Johnson ad-
In the summer of 1965 the Ways and
the request of the gentleman from New
ministration sought to amend these pro-
Means Committee asked the administra-
Jersey?
visions dealing with firearms regulation,
tion to give a full report on its present
There was no objection.
the proposed revisions came before the
methods of administering the existing
The SPEAKER. The gentleman from
Ways and Means Committee. I held the
laws on firearms regulations. To this date
New Jersey is recognized for 1 hour.
view then, and do now, that we may need
the administration has not done so. In-
Mr. THOMPSON of New Jersey. Mr.
to revise and improve the existing Fed-
stead it sought to bypass the Ways and
Speaker, I yield myself such time as I
eral statutes regulating firearms impor-
Means Committee by including new gun
may consume.
tation, sales, and shipments. However, I
control legislation in an unrelated bill
Mr. Speaker, I rise to urge House ap-
was interested in first hearing testimony
which was before the House Judiciary
proval of the conference report on H.R.
on the adequacy or inadequacy of the
Committee. The House Judiciary Com-
11308, a bill to extend the life of the Na-
existing laws from those responsible for
mittee has been considering this overall
tional Foundation on the Arts and Hu-
administering and enforcing the present
legislation but has not yet reported a bill
manities for 2 fiscal years. Aside from
laws. During the public hearings before
to the House.
technical and some rather minor differ-
the committee in July of 1965 I was
ences between the bill passed by the
shocked at the inadequate preparation
CALL OF THE HOUSE
House and that passed by the other body,
and study of this important matter of
the main substantive difference between
firearms sales made by the executive de-
Mr. SMITH of Iowa. Mr. Speaker, I
the two versions of the bill was the re-
partment witnesses who testified at that
make the point of order that a quorum
spective authorizations.
time. These officials were the then Attor-
is not present.
The bill passed by the House author-
ney General Katzenbach and Commis-
The SPEAKER. Evidently a quorum is
ized the apppropriation of funds for the
sioner Cohen of the Internal Revenue
not present.
Foundation for fiscal year 1969 only. This
Service. Both the Attorney General and
Mr. ALBERT. Mr. Speaker, I move a
authorization totaled $11.2 million, plus
the Commissioner, in urging new legisla-
call of the House.
funds to match private gifts and neces-
tion, pointed out that an investigation re-
A call of the House was ordered.
sary administrative funds. The other
vealed that 40 percent of the firearms
The Clerk called the roll, and the fol-
body's version authorized the appropria-
sold by a hardware store in Maryland
lowing Members failed to answer to their
tion of funds for fiscal year 1969 and
which had a Federal license to sell fire-
names:
fiscal year 1970. For fiscal 1969, its bill
arms, were sold to convicted criminals in
[Roll No. 163]
authorized $22.5 million plus necessary
the District of Columbia. I asked both
Andrews, Ala.
Dawson
Hagan
administrative funds.
witnesses whether or not the license
Arends
Dickinson
Hall
For fiscal year 1970, it authorized $25
which had been issued to the hardware
Bates
Dowdy
Halleck
Belcher
million plus administrative funds. The
store had been revoked. It had not been
Edwards, Calif.
Hardy
Bell
Evans, Colo.
Harrison
conference report would authorize for
I then asked what regulations the Treas-
Berry
Fisher
Hawkins
fiscal year 1969, $16 million plus funds
ury Department had issued to enforce
Bolton
Ford,
Hicks
Bow
the present law which requires all li-
William D.
Holifield
to match private gifts and necessary ad-
Brown, Calif.
Fuqua
Holland
ministrative funds; for fiscal year 1970,
censed dealers to keep permanent records
Burton, Calif.
Gardner
Ichord
the conference report authorizes the ap-
of firearms sales and also forbids sales to
Carter
Gettys
Karsten
propriation of $18 million plus funds to
convicts or even persons under indict-
Clawson, Del
Gilbert
Leggett
Cohelan
Green, Oreg.
McMillan
match private gifts and necessary ad-
ment for a crime.
Culver
Griffin
Machen
ministrative funds. Under the conference
Reproduced at the Richard Nixon Presidential Library and Museum
CONTROLACT
252
HRUSKa, thurmonp, DiRKSEN -INDIVIDUAL Views
legislation which would give State and local officials notice of the
flow of handguns into their jurisdictions to enable them ¿to enforce
We are fully aware that the foregoing examples could be amplified
many times. If this be the case, and the evidence points in that
applicable local laws.
direction, then we believe that the solution to the problem of firearms
ACT
in crime lies not in highly restrictive legislative controls but in the
ENFORCEMENT OF EXISTING FEDERAL LAW
understanding and proper handling of all operative factors in the
Experience and testimony indicate that the operation of the Federal
field of crime and criminal administration.
Firearms Act over the years has demonstrated certain weaknesses
which call for correction. The object is to remove these weaknesses in
LAWFUL USE OF FIREARMS
the interest of more effective and efficient law enforcement.
As detailed earlier in this report, specific needs for amendment of the
OMNiBUS CRIME CONTROL
Many of the problems which some persons ascribe to the present
Federal Firearms Act have been demonstrated in the hearings before
Federal firearms statutes are, in reality, not the fault of the law itself
the committee. S. 1853 addresses itself to these problems which must
but a result of the yet unsolved problem of uniform and effective
administration of the criminal law. This problem has several factors,
be resolved. Yet, it avoids any undue restrictions upon the legitimate,
not the least of which are overworked and understaffed enforcement
proper, and beneficial use of firearms, for when taken in the entire
context and on balance, the place and role of privately owned and
agencies and similarly overworked, but frequently too lenient, prose-
cutors and courts. The record shows that indictments and convictions
used firearms are necessary and wholesome; a position they have
under the existing Federal firearms statutes have been relatively few,
always held in the history of this Nation. Their legitimate role should
A.P. 1968
be maintained.
and the comparative rarity of successful action in the courts by the
Federal Government have contributed to a compounding of the
Any legislation intended to deal with those who unlawfully use
firearms must be made to concentrate on them as effectively as
problems of reasonable and effective firearms regulation.
An indictment handed down by a Federal grand jury in the Southern
possible without unnecessarily encroaching upon the vast preponder-
District of New York against a firearms dealer is demonstrative of the
ance of the public who use firearms in a lawful and beneficial manner.
rarity of prosecutions under the Federal Firearms Act of 1938, Section
In seeking to protect the constitutionally guaranteed right of our
2(c) of the Act declares it unlawful for a dealer to ship a firearm in
citizenry to keep and bear arms for lawful purposes, we have con-
sidered a factor in our society of no mean proportion. Best estimates
interstate commerce to any person in any state where the laws require
indicate that there are, within the United States, over 100 million
that a license be obtained for the purchase of such firearms, unless such
license is exhibited to the dealer. As testified to by police officials be-
privately owned firearms in the possession of over 20 million citizens.
We must consider the hundreds of thousands of shooters who enter
fore the Committee, mail-order shipments of firearms made by a few
into formal rifle, pistol, and shotgun competitive shooting, and the
unscrupulous dealers constitute a real problem for local law enforce-
millions who use these same types of firearms for informal skeet, trap,
ment officials. Despite evidence of long-term continued violations of the
Act, the New York grand jury indictment is held to be the first Federal
and target shooting. Not only does this use of firearms provide a
presecution, in the 34-year history of the Act, of 11 dealer for unlawful
healthy recreational activity, but it provides, as a valuable national
interstate shipment of firearms. This is an encouraging, yet woefully
asset, a great number of young men who are, prior to their entering
our Armed Forces, familiar with firearms and skilled in their use. In
tardy, utilization of existing firearms controls.
Similarly, in a number of instances, the public authorities are not
Vietnam, as in every armed conflict, it is evident that, in spite of
fully utilizing the other tools, available to them at present under
spectacular advances in weaponry systems, we are still faced with a
Federal law. Testimony has been presented that a State conservation
need for skilled riflemen capable of aimed fire. The plain fact that
agency, in the course of apprehending individuals in violation of game
preinduction firearms training produces more capable and effective
laws or in routine checking, has had occasion to turn over to Federal
soldiers was made clear by a 1965 Department of Defense study.
enforcement personnel weapons in violation of the National Firearms
The study, which was conducted for the Department of the Army
Act. To its knowledge, this conservation agency has never heard of a
by the Arthur D. Little, Inc., a private industrial and management
Federal prosecution resulting from those seizures. Further, testimony
research firm, undertook to review completely the Army's civilian
before the committee has brought out that in a number of instances
marksmanship program conducted by the National Board for the
Federal agents have apprehended individuals in serious violation of
promotion of Rifle Practice.
various provisions of the Federal firearms laws but that no action
A brief summary of the findings of that evaluation follows:
has resulted from the arrest of these individuals. This is a matter of
The results of our study indicate that the civilian marks-
concern to us and ought to be considered in evaluating the desirability
manship program * * * contributes significantly to the de-
and necessity for additional firearms controls.
velopment of rifle marksmanship proficiency and confidence
A police official of a large American city testified before the com-
in the ability to use a rifle effectively in combat on the part
mittee that in the first 6 months of 1965, police officers "stopped and
of those who participate in the program or benefit indirectly
searched and found 256 persons carrying, in most instances, handguns.
from it.
The arrested persons were charged with carrying a concealed weapon
We believe that those aspects of the DCM program which
and warrants were applied for in all these cases. However, due to
relate to the broader interest and participation in rifle shoot-
frailties in the law, only 81 warrants were issued."
ing among the youth of our country (primarily club activities)
Reproduced at the Richard Nixon Presidential Library and Museum
TO:
MESSRS. GARMENT
JUNE 13, 1968
BUCHANAN
ANDERSON
FROM: MARTY POLLNER
RE:
RMN'S STATEMENT
GUN CONTROL LEGISLATION
Attached please find LBJ's recent submission to
the Congress on gun control legislation and his statement
endorsing same. Paragraph 2 on page 1 of Ramsey Clark's
letter explains how it differs from the legislation recent-
ly passed by the Congress.
As you know, the House Judiciary Committee is
re-examining this legislation on June 20th. Therefore RMN's
statement must be issued prior to that date.
Congressman McCulloch, the Committee's ranking
Republican indicated that he expected favorable action on
reconsideration. As reported in today's New York Times
the Senate is expected to act favorably.
My recommendation: In my judgment, for the
following reasons, I would recommend that RMN urge the
Congress to enact the Administration's proposal.
(i) The Gallop poll and all other barometers of
public opinion clearly demonstrate the popular
support for tighter gun control legislation;
(ii) The bill is likely to pass the Congress anyway;
(iii) The arguments in support of such legislation
are much more compelling than those opposed
to it (I have some statistics and arguments
for you if you need same);
(iv) It would eliminate a key issue from the
'68 campaign (Rockefeller, Clark and Tydings
have already taken a shot at us for supporting
the weaker measure).
RMN's present position: I do not believe we are
"locked in" any position. Just as many Congressmen have
"reconsidered the issue," we may do the same.
RMN's statement: Assuming we endorse this
legislation, our statement could include a few shots at the
Administration: RMN could repeat some of his criticism of
the Administration's handling of the crime problem in
general.
#
#
#
#
#
Reproduced at the Richard Nixon Presidential Library and Museum
Johnson Statement on Strong Gun Law
Following is a transcript of
nation's laws. Two million
guns by mail order. I urge
a statement President Johnson
guns were sold in the United
the Congress to make it un-
sent to Congress yesterday on
States last year. Far too
lawful to sell rifles and shot-
the gun control bill. Mr. John-
many of those guns were
guns as well as hand guns to
son read the statement at the
bought by the demented and
persons who are too young
White House and it was rec-
the deranged, the hardened
to bear the terrible responsi-
orded by The New York Times.
criminal and the convict, the
bility that is placed in the
addict and the alcoholic.
hands of a gun owner.
Today the nation cries out
And we cannot expect
I urge the Congress and
to the conscience of the Con-
these irresponsible people to
plead with it to make it un-
gress. Criminal violence from
the muzzle of a gun has once
be prudent in their protec-
lawful to sell rifles and shot-
tion of us. But we can and
guns as well as hand guns
again brought heartbreak to
America. Surely this must be
we have a right to expect
in one state to the residents
clear beyond question: The
the Congress of the United
of another state.
States to protect us from
This will not prevent legit-
hour has come for the Con-
them.
imate hunters or sportsmen
gress to enact a strong and
Weapons of destruction
from purchasing firearms, but
effective gun control law
can be purchased by mail as
with this reinforced law we
governing the full range of
easily as baskets of fruit or
can then give the states the
lethal weapons.
I have sought and I have
cartons of cigarettes.
proper incentive to shape
We must eliminate the
their own gun control legisla-
fought for such a law
dangers of mail-order murder
tion and the country can at
through all the days of my
in this country.
long last have a network of
Presidency. On many occa-
The Congress has finally
systematic safeguards for all
sions before, I have spoken
of the terrible toll inflicted
begun to take some action.
of our citizens.
The Senate has passed a
And today I am asking
on our people by firearms—
watered-down version of the
each of the Governors of the
750,000 Americans dead
gun control law I sent to the
50 states to immediately and
since the turn of the century.
Congress some time ago with
to comprehensively review
This is far more than have
my recommendations.
their gun laws and to amend
died at the hands of all of
The House has taken ac-
them where necesary and re-
our enemies in all of the
tion on the Senate bill. But
write them in order to fully
wars that we have fought-
this halfway measure is not
protect the citizens of the
sorrow and suffering that
near enough. It covers ade-
states that they serve, pro-
just cannot be counted and
quately only transactions in-
tect them from the deadly
fear that can never be meas-
volving hand guns. It leaves
weapons that are now in dan-
ured.
the deadly commerce in
gerous hands.
Each year in this country,
lethal shotguns and rifles
The voices of the few must
guns are involved in more
without effective control 55
no longer prevail over the
than 6,500 murders. This
long months after the mail-
interest of the many. When
compares with 30 in Eng-
order murder of President
I last appealed to the Con-
land, 99 in Canada, 68 in
John F. Kennedy.
gress on this subject again
West Germany and 37 in
So today I call upon the
-and that was only a month
Japan.
Congress in the name of sani-
ago-I asked this question:
Forty-four thousand ag-
ty. I call upon the Congress
What in the name of con-
gravated assaults are com-
in the name of safety and in
science will it take to pass a
mitted with guns in America
the name of an aroused citi-
truly effective gun control
each year. Fifty thousand
zenship to give America the
law in the Congress.
robberies are committed with
gun control law that Ameri-
And now in this new hour
guns in America each year.
can citizens need.
of tragedy that question
I have told the Congress
I urge the Congress to
should at last be answered.
and I have told the nation
make it unlawful to sell rifles
So let us now spell out our
of the brutal loophole in our
and shotguns as well as hand
grief in constructive action.
Reproduced at the Richard Nixon Presidential Library and Museum
THENT
OF
IDENTICAL SUBMISSION
TO THE VICE PRESIDENT
Office of the Attorney General
SEQUITUR
Washington, D. C. 20530
JUSTITIA
7
JUN 10 1968
The Speaker
House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
Last week the President wrote to you stating his
emphatic concern that Congress not stop with a "half-way
measure," or enact a "watered-down version" of a gun control
law, but that it "give America the Gun Control Law it needs."
The enclosed draft bill would carry out the President's
request.
The proposed bill differs from Title IV of H.R. 5037,
recently passed by this Congress, in two principal respects.
First, it imposes restrictions on rifles and shotguns parallel
to those that H.R. 5037 imposes on hand guns. These provisions
prohibit mail-order purchases, sales to nonresidents, and sales
to juveniles. Second, the proposed bill includes provisions
to control the interstate shipment of ammunition and the sale
of ammunition to juveniles, matters omitted altogether in
H.R. 5037. Additionally, the draft embodies a few minor
technical refinements.
By recognizing the Federal responsibility to control
the indiscriminate flow of firearms and ammunition across
State borders, this bill will give States and local commu-
nities the capacity and the incentive to enforce effectively
their own gun control laws. Once enacted into law, it will
ensure that strong local or State laws are not subverted by
a deadly interstate traffic in firearms and ammunition.
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
The President has repeatedly urged Congress to
put an end to "mail order murder," and to arrest the violence
in our nation by tightening controls over firearms.
The need for immediate action can no longer be
ignored. Each year 6,500 murders, 43,000 aggravated assaults,
and 60,000 robberies are committed with firearms. Each day,
50 lives--more than one every half-hour--are destroyed by
firearms. Since 1900, three-quarters of a million people
have died in the United States by firearms, more than in
all our wars. In 1967 alone, assaults with a gun rose 22%.
One out of every 5 assaults is committed with a gun. Fire-
arms are used in 58% of all robberies.
Nor is this solely a problem of hand guns. Thirty
per cent of the homicides each year with firearms are by
rifles or shotguns. Between 1960 and 1966, more than 95%
of all law enforcement officers killed in the United States
were slain with firearms, and one in four of these officers
was slain by a rifle or a shotgun. A recent survey of police
departments in some 40 cities over a five year period revealed
that during the survey period more than 50,000 rifles and
shotguns were confiscated from murderers, robbers, juvenile
offenders, and others engaging in unlawful activities. Rifles
and shotguns have become the chosen instruments of slaughter
for snipers and assassins. Any truly effective firearms
legislation simply must cover long guns as well as hand
guns.
So also is it clear that controlling the distribution
of ammunition is as important as regulating the sale of the
firearms which use it. In previous firearms bills, including
S. 1592 introduced in the last Congress, the President has
urged inclusion of ammunition. With an estimated 50 million
firearms now privately owned in the Nation, the control of
the ammunition they fire is crucial to controlling the abuse
of these weapons.
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
The people of this country have indicated over-
whelmingly that they want immediate Federal controls over
all kinds of firearms. We have debated the issue beyond
reason. The increasing number of violent crimes committed
with firearms and the tragic events of the last few months
have made it abundantly clear that Congress must act now
to help prevent further violence.
The proposed bill is substantially similar to a
number of bills sent to the Congress by the President and
considered by both chambers during the past two Congresses.
These include S. 1592, H.R. 6628 and H.R. 6783 of the 89th
Congress, and S. 1 - - Amendment 90 and H.R. 5384 of the 90th
Congress.
The Senate Commerce Committee held two months of
hearings on firearms control in 1963 and 1964. The Senate
Juvenile Delinquency Subcommittee held hearings on firearms
bills in 1963, and again in 1964, 1965, and 1967. The
House Judiciary Committee has held hearings on this matter
at length in 1965 and again in 1967.
In light of this extensive background, and at the
request of the President, I urge the Congress to give immediate
consideration to this extremely important legislation. There
must be action now, before the Congress adjourns. While the
time is short before adjournment, so also is the time short
for the country to move to control the principal weapon of
crime--the gun.
Sincerely,
Namary Clash
Attorney General
Enclosure
Reproduced at the Richard Nixon Presidential Library and Museum
CONGRESS
(NOTE.- Fill in all blank lines ex-
SESSION
H. R.
cept those provided for the date
and number of bill.)
IN THE HOUSE OF REPRESENTATIVES
Mr.
introduced the following bill; which was referred to
the Committee on
A
BILL
To amend title 18, United States Code, to provide
for better control of the interstate traffic in
firearms.
(Insert title of bill here)
1
Be it enacted by the Senate and House of Representatives of the
2 United States of America in Congress assembled, That this Act may
be cited as the "State Firearms Control Assistance Act of
1968."
FINDINGS AND DECLARATION
Sec. 2. (a) The Congress hereby finds and declares --
(1) that there is a widespread traffic in firearms
moving in or otherwise affecting interstate or foreign
commerce, and that the existing Federal controls over
such traffic do not adequately enable the States to control
this traffic within their own borders through the exercise
of their police power;
(2) that the ease with which any person can acquire
firearms (including criminals, juveniles without the
knowledge or consent of their parents or guardians,
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
narcotics addicts, mental defectives, armed groups who would
supplant the functions of duly constituted public authorities,
and others whose possession of such weapons is similarly con-
trary to the public interest) is a significant factor in the
prevalence of lawlessness and violent crime in the
United States;
(3) that only through adequate Federal control over
interstate and foreign commerce in these weapons, and over
all persons engaging in the businesses of importing, manu-
facturing, or dealing in them, can this grave problem be
properly dealt with, and effective State and local
regulation of this traffic be made possible;
(4) that the acquisition on a mail-order basis of fire-
arms by nonlicensed individuals, from a place other than their
State of residence, has materially tended to thwart the effective-
ness of State laws and regulations, and local ordinances;
(5) that the sale or other disposition of firearms
by importers, manufacturers, and dealers holding Federal
licenses, to nonresidents of the State in which the licensees'
places of business are located, has tended to make ineffective
the laws, regulations, and ordinances in the several States
and local jurisdictions regarding such firearms;
(6) that there is a causal relationship between the easy
availability of firearms and juvenile and youthful criminal
behavior, and that firearms have been widely sold by federally
licensed importers and dealers to emotionally immature, or
thrill-bent juveniles and minors prone to criminal behavior;
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
(7) that the United States has become the dumping ground
of the castoff surplus military weapons of other nations, and
that such weapons, and the large volume of relatively
inexpensive firearms (largely worthless for sporting purposes),
imported into the United States in recent years, has contri-
buted greatly to lawlessness and to the Nation's law enforcement
problems;
(8) that the lack of adequate Federal control over
interstate and foreign commerce in highly destructive weapons
(such as bazookas, mortars, antitank guns, and so forth, and
destructive devices such as explosive or incendiary grenades,
bombs, missiles, and so forth) has allowed such weapons and
devices to fall into the hands of lawless persons, including
armed groups who would supplant lawful authority, thus creating
a problem of national concern;
(9) that the existing licensing system under the Federal
Firearms Act does not provide adequate license fees or proper
standards for the granting or denial of licenses, and that this
has led to licenses being issued to persons not reasonably
entitled thereto, thus distorting the purposes of the licensing
system.
(b) The Congress further hereby declares that the
purpose of this title is to cope with the conditions referred to
in the foregoing subsection, and that it is not the purpose of
this title to place any undue or unnecessary Federal restrictions
or burdens on law-abiding citizens with respect to the acqui-
sition, possession, or use of firearms appropriate to the purpose
of hunting, trap shooting, target shooting, personal protection,
or any other lawful activity, and that this title is not intended
Reproduced at the Richard Nixon Presidential Library and Museum
- 4 -
to discourage or eliminate the private ownership or use of
firearms by law-abiding citizens for lawful purposes, or provide
for the imposition by Federal regulations of any procedures or
requirements other than those reasonably necessary to implement
and effectuate the provisions of this title.
Sec. 3. Title 18, United States Code, is amended by
inserting after section 917 thereof Chapter 44 to read as
follows:
"Chapter 44.--FIREARMS
"Sec.
"921. Definitions.
"922. Unlawful acts.
"923. Licensing.
"924. Penalties.
"925. Exceptions: Relief from disabilities.
"926. Rules and regulations.
"927. Effect on State law.
"928. Separability clause.
"§921. Definitions
"(a) As used in this chapter--
"(1) The term 'person' and the term 'whoever' includes
any individual, corporation, company, association, firm, part-
nership, society, or joint stock company.
"(2) The term 'interstate or foreign commerce' includes
commerce between any State or possession (not including the
Canal Zone) and any place outside thereof; or between points
within the same State or possession (not including the Canal
Zone), but through any place outside thereof; or within any
possession or the District of Columbia. The term 'State'
shall include the Commonwealth of Puerto Rico, the Virgin
Islands, and the District of Columbia.
Reproduced at the Richard Nixon Presidential Library and Museum
- 5 -
"(3) The term 'firearm' means any weapon (including a
starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive;
the frame or receiver of any such weapon; or any firearm muffler
or firearm silencer; or any destructive device.
"(4) The term 'destructive device' means any explosive,
incendiary, or poison gas bomb, grenade, mine, rocket, missile,
or similar device; and includes any type of weapon which will
or is designed to or may readily be converted to expel a
projectile by the action of any explosive and having any
barrel with a bore of one-half inch or more in diameter.
"(5) The term 'shotgun' means a weapon designed or re-
designed, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
"(6) The term 'short-barreled shotgun' means a shot-
gun having one or more barrels less than eighteen inches
in length and any weapon made from a shotgun (whether by
alteration, modification, or otherwise) if such weapon as
modified has an overall length of less than twenty-six
inches.
"(7) The term 'rifle' means a weapon designed or re-
designed, made or remade, and intended to be fired from
the shoulder and designed or redesigned and made or remade
to use the energy of the explosive in a fixed metallic
cartridge to fire only a single projectile through a rifled
bore for each single pull of the trigger.
Reproduced at the Richard Nixon Presidential Library and Museum
- 6 -
"(8) The term 'short-barreled rifle' means a rifle having
one or more barrels less than sixteen inches in length and any
weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon as modified has an overall length
of less than twenty-six inches.
"(9) The term 'importer' means any person engaged in the
business of importing or bringing firearms or ammunition into
the United States for purposes of sale or distribution; and
the term 'licensed importer' means any such person licensed
under the provisions of this chapter.
"(10) The term 'manufacturer' means any person engaged
in the manufacture of firearms or ammunition for purposes of
sale or distribution; and the term 'licensed manufacturer'
means any such person licensed under the provisions of this
chapter.
"(11) the term 'dealer' means (A) any person engaged in
the business of selling firearms or ammunition at wholesale
or retail, (B) any person engaged in the business of repairing
such firearms or of making or fitting special barrels, stocks,
or trigger mechanisms to firearms or (c) any person who is
a pawnbroker. The term 'licensed dealer' means any dealer
who is licensed under the provisions of this chapter.
"(12) the term 'pawnbroker' means any person whose
business or occupation includes the taking or receiving, by
way of pledge or pawn, of any firearm or ammunition as
security for the payment or repayment of money.
"(13) the term 'indictment' includes an indictment or
an information in any court under which a crime punishable
Reproduced at the Richard Nixon Presidential Library and Museum
- 7 -
by imprisonment for a term exceeding one year may be
prosecuted.
"(14) The term 'fugitive from justice' means any per-
son who has fled from any State or possession to avoid prose-
cution for a crime or to avoid giving testimony in any
criminal proceeding.
"(15) The term 'antique firearm' means any firearm not
designed or redesigned for using rim fire or conventional center
fire ignition with fixed ammunition and manufactured in or
before 1898 (including any matchlock, flintlock, percussion
cap, or similar early type of ignition system or replica
thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manu-
factured in or before 1898, for which ammunition is no longer
manufactured in the United States and is not readily available
in the ordinary channels of commercial trade.
"(16) The term 'ammunition' means ammunition or cartridge
cases, primers, bullets, or propellant powder designed for use
in any firearm.
"(17) The term 'Secretary' or 'Secretary of the Treasury'
means the Secretary of the Treasury or his delegate.
"(b) As used in this chapter--
"(1) The term 'firearm' shall not include an
antique firearm.
"(2) The term 'destructive device' shall not
include--
"(A) a device which is neither designed
nor redesigned nor used nor intended for use as
a weapon; or
Reproduced at the Richard Nixon Presidential Library and Museum
- 8 -
"(B) any device, although originally
designed as a weapon, which is redesigned so
that it may be used solely as a signaling,
linethrowing, safety or similar device; or
"(C) any shotgun other than a short-
barreled shotgun; or
"(D) any nonautomatic rifle (other than
a short-barreled rifle) generally recognized
or particularly suitable for use for the
hunting of big game; or
"(E) surplus obsolete ordnance sold,
loaned, or given by the Secretary of the
Army pursuant to the provisions of sections
4684(2), 4685, or 4686 of title 10, United
States Code; or
"(F) any other device which the Secretary
finds is not likely to be used as a weapon.
"(3) The term 'crime punishable by imprisonment
for a term exceeding one year' shall not include any Federal
or State offenses pertaining to antitrust violations, unfair
trade practices, restraints of trade, or other similar
offenses relating to the regulation of business practices
as the Secretary may by regulation designate.
"8922. Unlawful acts
"(a) It shall be unlawful--
"(1) for any person, except a licensed importer,
licensed manufacturer, or licensed dealer, to engage
in the business of importing, manufacturing, or dealing
Reproduced at the Richard Nixon Presidential Library and Museum
- 9 -
in firearms, or ammunition, or in the course of
such business to ship, transport, or receive any
firearm or ammunition in interstate or foreign
commerce.
"(2) for any importer, manufacturer, or dealer
licensed under the provisions of this chapter to
ship or transport in interstate or foreign commerce,
any firearm or ammunition to any person other than
a licensed importer, licensed manufacturer, or
licensed dealer, except that--
"(A) this paragraph shall not be held to
preclude a licensed importer, licensed manu-
facturer, or licensed dealer from returning a
firearm or replacement firearm of the same
kind and type to a person from whom it was
received;
"(B) this paragraph shall not be held to
preclude a licensed importer, licensed manu-
facturer, or licensed dealer from depositing
a firearm for conveyance in the mails to any
officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715
of title 18 of the United States Code, is
eligible to receive through the mails pistols,
revolvers, and other firearms capable of being
concealed on the person, for use in connection
with his official duty;
Reproduced at the Richard Nixon Presidential Library and Museum
- 10 -
"(C) nothing in this paragraph shall be
construed as applying in any manner in the
District of Columbia, the Commonwealth of
Puerto Rico, or any possession of the United
States differently than it would apply if the
District of Columbia, the Commonwealth of
Puerto Rico, or the possession were in fact
a State of the United States.
"(3) for any person, other than a licensed importer,
licensed manufacturer, or licensed dealer to transport
into or receive in the State where he resides (or if the
person is a corporation or other business entity, in which
he maintains a place of business) any firearm purchased
or otherwise obtained by him outside that State.
"(4) for any person, other than a licensed importer,
licensed manufacturer, or licensed dealer, to transport in
interstate or foreign commerce any destructive device,
machinegun (as defined in section 5848 of the Internal
Revenue Code of 1954), a short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by the
Secretary consistent with public safety and necessity.
"(5) for any person other than a licensed importer,
licensed manufacturer, or licensed dealer, to transfer,
sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, or licensed dealer) who the transferor
knows or has reasonable cause to believe resides in
any State other than that in which the transferor resides
Reproduced at the Richard Nixon Presidential Library and Museum
- 11 -
(or in which his place of business is located if the
transferor is a corporation or other business entity).
"This paragraph shall not apply to transactions
between licensed importers, licensed manufacturers, and
licensed dealers.
"(6) for any person in connection with the acqui-
sition or attempted acquisition of any firearm or
ammunition from a licensed importer, licensed manu-
facturer, or licensed dealer, knowingly to make any
false or fictitious oral or written statement or to
furnish or exhibit any false or fictitious or mis-
represented identification, intended or likely to
deceive such importer, manufacturer, or dealer with
respect to any fact material to the lawfulness of
the sale or other disposition of such firearm or
ammunition under the provisions of this chapter.
"(b) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell or deliver--
"(1) any firearm or ammunition to any individual
who the licensee knows or has reasonable cause to believe
is less than eighteen years of age and, if the firearm
or ammunition is other than a shotgun or rifle, or
ammunition for a shotgun or rifle, to any individual
who the licensee knows or has reasonable cause to
believe is less than twenty-one years of age.
(2) any firearm or ammunition to any person in
any State where the purchase or possession by such
Reproduced at the Richard Nixon Presidential Library and Museum
- 12 -
person of such firearm or ammunition would be in
violation of any State or local law applicable at
the place of sale, delivery or other disposition,
unless the licensee knows or has reasonable cause to
believe that the purchase or possession would not
be in violation of such State or local law.
"(3) any firearm to any person who the licensee
knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other
business entity, does not maintain a place of business
in) the State in which the licensee's place of business
is located.
"(4) to any person any destructive device, machine
gun (as defined in section 5848 of the Internal Revenue
Code of 1954), short-barreled shotgun, or short-barreled
rifle, except as specifically authorized by the Secretary
consistent with public safety and necessity.
"(5) any firearm or ammunition to any person unless
the licensee notes in his records required to be kept
pursuant to section 923 of this chapter, the name, age,
and place of residence of such person if the person is
an individual, or the identity and principal and local
places of business of such person if the person is a
corporation or other business entity.
Paragraphs (1), (2), (3) and (4) of this subsection shall not
apply to transactions between licensed importers, licensed
manufacturers, and licensed dealers.
Reproduced at the Richard Nixon Presidential Library and Museum
- 13 -
"(c) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer to sell or otherwise
dispose of any firearm or ammunition to any person, knowing
or having reasonable cause to believe that such person is a
fugitive from justice or is under indictment or has been
convicted in any court of a crime punishable by imprisonment
for a term exceeding one year. This subsection shall not
apply with respect to sale or disposition of a firearm or
ammunition to a licensed importer, licensed manufacturer, or
licensed dealer who pursuant to subsection (b) of section 925
of this chapter is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief
from disabilities pursuant to subsection (c) of section 925
of this chapter.
"(d) It shall be unlawful for any person knowingly to
deliver or cause to be delivered to any common or contract
carrier for transportation or shipment in interstate or
foreign commerce, to persons other than licensed importers,
licensed manufacturers or licensed dealers, any package or
other container in which there is any firearm or ammunition
without written notice to the carrier that such firearm or
ammunition is being transported or shipped.
"(e) It shall be unlawful for any common or contract
carrier to transport or deliver in interstate or foreign
commerce any firearm or ammunition with knowledge or reasonable
cause to believe that the shipment, transportation, or receipt
thereof would be in violation of the provisions of this chapter.
Reproduced at the Richard Nixon Presidential Library and Museum
- 14 -
"(f) It shall be unlawful for any person who is under
indictment or who has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year,
or who is a fugitive from justice, to ship or transport
any firearm or ammunition in interstate or foreign commerce.
"(g) It shall be unlawful for any person who is under
indictment or who has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year,
or is a fugitive from justice, to receive any firearm or
ammunition which has been shipped or transported in inter-
state or foreign commerce.
"(h) It shall be unlawful for any person to transport
or ship in interstate or foreign commerce, any stolen fire-
arm or stolen ammunition, knowing or having reasonable cause
to believe the same to have been stolen.
"(i) It shall be unlawful for any person to receive,
conceal, store, barter, sell, or dispose of any stolen firearm
or stolen ammunition, or pledge or accept as security for a
loan any stolen firearm or stolen ammunition, moving as or
which is a part of or which constitutes interstate or foreign
commerce, knowing or having reasonable cause to believe the
same to have been stolen.
"(j) It shall be unlawful for any person knowingly to
transport, ship, or receive, in interstate or foreign commerce,
any firearm the importer's or manufacturer's serial number of
which has been removed, obliterated, or altered.
Reproduced at the Richard Nixon Presidential Library and Museum
- 15 -
"(k) It shall be unlawful for any person knowingly to
import or bring into the United States or any possession
thereof any firearm or ammunition, except as provided in
subsection (d) of section 925 of this chapter; and it shall
be unlawful for any person knowingly to receive any firearm
or ammunition which has been imported or brought into the
United States or any possession thereof in violation of the
provisions of this chapter.
"(1) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer knowingly to make
any false entry in, or to fail to make appropriate entry in
or to fail to properly maintain, any record which he is
required to keep pursuant to section 923 of this chapter or
regulations promulgated thereunder.
"฿923. Licensing
"(a) No person shall engage in business as a firearms
or ammunition importer, manufacturer, or dealer until he has
filed an application with, and received a license to do so from,
the Secretary. The application shall be in such form and con-
tain such information as the Secretary shall by regulation
prescribe. Each applicant shall be required to pay a fee for
obtaining such a license, a separate fee being required for
each place in which the applicant is to do business, as follows:
"(1) if a manufacturer--
"(A) of destructive devices and/or ammunition for
destructive devices a fee of $1,000 per year;
"(B) of firearms other than destructive devices
a fee of $500 per year;
"(c) of ammunition for firearms other than
destructive devices a fee of $10 per year.
Reproduced at the Richard Nixon Presidential Library and Museum
- 16 -
"(2) If an importer--
"(A) of destructive devices and/or ammunition
for destructive devices a fee of $1,000 per year;
"(B) of firearms other than destructive devices
and/or ammunition for firearms other than destructive
devices a fee of $500 per year.
"(3) If a dealer--
"(A) in destructive devices and/or ammunition for
destructive devices a fee of $1,000 per year;
"(B) who is a pawnbroker dealing in firearms
other than destructive devices or ammunition for
firearms other than destructive devices a fee of
$250 per year;
"(C) who is not a dealer in destructive devices
or a pawnbroker, a fee of $10 per year.
"(b) Upon the filing of a proper application and payment
of the prescribed fee, the Secretary may issue to the applicant
the appropriate license which, subject to the provisions of
this chapter and other applicable provisions of law, shall
entitle the licensee to transport, ship, and receive fire-
arms and ammunition covered by such license in interstate
or foreign commerce during the period stated in the license.
"(c) Any application submitted under subsections (a)
and (b) of this section shall be disapproved and the license
denied and the fee returned to the applicant if the Secretary,
after notice and opportunity for hearing, finds that--
"(1) the applicant is under twenty-one years
of age; or
Reproduced at the Richard Nixon Presidential Library and Museum
- 17 -
"(2) the applicant (including in the case of a
corporation, partnership, or association, any individual
possessing directly or indirectly, the power to direct
or cause the direction of the management and policies
of the corporation, partnership, or association) is
prohibited from transporting, shipping, or receiving
firearms or ammunition in interstate or foreign commerce
under the provisions of this chapter; or is, by reason
of his business experience, financial standing, or trade
connections, not likely to commence business operations
during the term of the annual license applied for or to
maintain operations in compliance with this chapter; or
"(3) the applicant has willfully violated any of
the provisions of this chapter or regulations issued
thereunder; or
"(4) the applicant has willfully failed to disclose
any material information required, or has made any false
statement as to any material fact, in connection with
his application; or
"(5) the applicant does not have, or does not intend
to have or to maintain, in a State or possession, business
premises for the conduct of the business.
"(d) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation,
production, shipment, receipt, and sale or other disposition,
of firearms and ammunition at such place, for such period and
in such form as the Secretary may by regulations prescribe.
Reproduced at the Richard Nixon Presidential Library and Museum
- 18 -
Such importers, manufacturers, and dealers shall make such
records available for inspection at all reasonable times, and
shall submit to the Secretary such reports and information
with respect to such records and the contents thereof as
he shall by regulations prescribe. The Secretary or his
delegate may enter during business hours the premises (in-
cluding places of storage) of any firearms or ammunition
importer, manufacturer, or dealer for the purpose of inspecting
or examining any records or documents required to be kept by
such importer or manufacturer or dealer under the provisions
of this chapter or regulations issued pursuant thereto, and
any firearms or ammunition kept or stored by such importer,
manufacturer, or dealer at such premises. Upon the request
of any State, or possession, or any political subdivision
thereof, the Secretary of the Treasury may make available
to such State, or possession, or any political subdivision
thereof, any information which he may obtain by reason of
the provisions of this chapter with respect to the identi-
fication of persons within such State, or possession, or
political subdivision thereof, who have purchased or received
firearms or ammunition, together with a description of such
firearms or ammunition.
"(e) Licenses issued under the provisions of subsection
(b) of this section shall be kept posted and kept available
for inspection on the business premises covered by the license.
"(f) Licensed importers and licensed manufacturers shall
identify, in such manner as the Secretary shall by regulations
prescribe, each firearm imported or manufactured by such
importer or manufacturer Nixon Presidential Library and Museum
- 19 - -
"§924. Penalties
"(a) Whoever violates any provision of this chapter or
knowingly makes any false statement or representation with
respect to the information required by the provisions of this
chapter to be kept in the records of a person licensed under
this chapter, or in applying for any license or exemption or
relief from disability under the provisions of this chapter,
shall be fined not more than $5,000 or imprisoned not more
than five years, or both.
"(b) Whoever, with intent to commit therewith an offense
punishable by imprisonment for a term exceeding one year, or
with knowledge or reasonable cause to believe that an offense
punishable by imprisonment for a term exceeding one year is
to be committed therewith, ships, transports, or receives a
firearm or any ammunition in interstate or foreign commerce
shall be fined not more than $10,000 or imprisoned not more
than ten years, or both.
"(c) Any firearm or ammunition involved in, or used or
intended to be used in, any violation of the provisions of
this chapter, or a rule or regulation promulgated thereunder,
or violation of any other criminal law of the United States,
shall be subject to seizure and forfeiture and all provisions
of the Internal Revenue Code of 1954 relating to the seizure,
forfeiture, and disposition of firearms, as defined in section
5848(1) of said Code, shall, so far as applicable, extend to
seizures and forfeitures under the provisions of this chapter.
"8925. Exceptions: relief from disabilities
"(a) The provisions of this chapter shall not apply
with respect to the transportation, shipment, receipt, or
Reproduced at the Richard Nixon Presidential Library and Museum
- 20 -
importation of any firearm or ammunition imported for, or
sold or shipped to, or issued for the use of the United
States or any department, or agency thereof; or any State
or possession, or any department, agency, or political sub-
division thereof.
"(b) A licensed importer, licensed manufacturer, or
licensed dealer who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwith-
standing any other provisions of this chapter, continue
operations pursuant to his existing license (provided
that prior to the expiration of the term of the existing
license timely application is made for a new license)
during the term of such indictment and until any conviction
pursuant to the indictment becomes final.
"(c) A person who has been convicted of a crime
punishable by imprisonment for a term exceeding one year
(other than a crime involving the use of a firearm or other
weapon or a violation of this chapter or of the National
Firearms Act) may make application to the Secretary for
relief from the disabilities under this chapter incurred
by reason of such conviction, and the Secretary may grant
such relief if it is established to his satisfaction that
the circumstances regarding the conviction, and the applicant's
record and reputation, are such that the applicant will not be
likely to conduct his operations in an unlawful manner, and
that the granting of the relief would not be contrary to the
public interest. A licensee conducting operations under this
Reproduced at the Richard Nixon Presidential Library and Museum
- 21 -
chapter, who makes application for relief from the disabilities
incurred under this chapter by reason of such a conviction,
shall not be barred by such conviction from further operations
under his license pending final action on an application for
relief filed pursuant to this section. Whenever the Secretary
grants relief to any person pursuant to this section he shall
promptly publish in the Federal Register notice of such action,
together with the reasons therefor.
"(d) The Secretary may authorize a firearm or ammunition
to be imported or brought into the United States or any
possession thereof if the person importing or bringing in the
firearm or ammunition establishes to the satisfaction of the
Secretary that the firearm or ammunition--
"(1) isbeing imported or brought in for scientific
or research purposes, or is for use in connection with
competition or training pursuant to chapter 401 of title
10 of the United States Code; or
"(2) is an unserviceable firearm, other than a
machinegun as defined in section 5848(2) of the Internal
Revenue Code of 1954 (not readily restorable to firing
condition), imported or brought in as a curio or museum
piece; or
"(3) is of a type that does not fall within the
definition of a firearm as defined in section 5848(1)
of the Internal Revenue Code of 1954 and is generally
recognized as particularly suitable for or readily
adaptable to sporting purposes, and in the case of
surplus military firearms is a rifle or shotgun; or
Reproduced at the Richard Nixon Presidential Library and Museum
- 22 -
"(4) was previously taken out of the United States
or a possession by the person who is bringing in the
firearm or ammunition:
Provided, That the Secretary may permit the conditional im-
portation or bringing in of a firearm or ammunition for
examination and testing in connection with the making of a
determination as to whether the importation or bringing in
of such firearm or ammunition will be allowed under this
subsection.
"§926. Rules and regulations
"The Secretary may prescribe such rules and regulations
as he deems reasonably necessary to carry out the provisions
of this chapter. The Secretary shall give reasonable public
notice, and afford to interested parties opportunity for
hearing, prior to prescribing such rules and regulations.
Violation of any provision of this chapter, or rule or
regulation promulgated hereunder, shall be grounds for
revocation by the Secretary, upon due notice and hearing,
of any license issued hereunder.
"§927. Effect on State law
"No provision of this chapter shall be construed as
indicating an intent on the part of the Congress to occupy
the field in which such provision operates to the exclusion
of the law of any State or possession on the same subject
matter, unless there is a direct and positive conflict
between such provision and the law of the State or possession
so that the two cannot be reconciled or consistently stand
together.
Reproduced at the Richard Nixon Presidential Library and Museum
- 23 -
"8928. Separability
"If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, the
remainder of the chapter and the application of such pro-
vision to other persons not similarly situated or to other
circumstances shall not be affected thereby."
Sec. 4. The administration and enforcement of the
amendment made by this title shall be vested in the Secretary
of the Treasury.
Sec. 5. Nothing in this title or amendment made thereby
shall be construed as modifying or affecting any provision
of--
(a) the National Firearms Act (chapter 53 of
the Internal Revenue Code of 1954); or
(b) section 414 of the Mutual Security Act of
1954 (22 U.S.C. 1934), as amended, relating to
munitions control; or
(c) section 1715 of title 18, United States
Code, relating to nonmailable firearms.
Sec. 6. The table of contents to "PART I.--CRIMES"
of title 18, United States Code, is amended by inserting
after
"43. False personation
911"
a chapter reference as follows:
"44. Firearms
921".
Sec. 7. The Federal Firearms Act (52 Stat. 1250; 15
U.S.C. 901-910), as amended, is repealed.
Reproduced at the Richard Nixon Presidential Library and Museum
- 24 -
Sec. 8. The provisions of this title shall become
effective one hundred and eighty days after the date of
its enactment; except that repeal of the Federal Firearms
Act shall not in itself terminate any valid license issued
pursuant to that Act and any such license shall be deemed
valid until it shall expire according to its terms unless
it be sooner revoked or terminated pursuant to applicable
provisions of law.
Reproduced at the Richard Nixon Presidential Library and Museum
TO:
MESSRS. NIXON
JUNE 15, 1968
BUCHANAN
GARMENT
ANDERSON
FROM: MARTY POLLNER
RE:
GUN REGISTRATION LEGISLATION
CONTENTS
Page
Assignment
2
Conclusion
2
Those in agreement with the above conclusion
2
Suggested position
2
Additional Suggested RN Statements
5
--No panacea
5
-Hunters and sportsmen
5
State Gun Registration
6
.Limitations on any gun registration law
6
Authoritative Support that States Should
Enact Gun Registration Legislation as
Opposed to the Federal Government
6
J. Edgar Hoover's Recommendation
6
President's Crime Commission Recommendations
7
American Bar Foundation Study
9
Administrative Burdens Inherent in
Federal Gun Registration Legislation
10
Proposed Federal Gun Registration
Legislation and Statistics Sup-
porting its Desirability
11
Reproduced at the Richard Nixon Presidential Library and Museum
Assignment: RN requested my views on federal gun
registration legislation, its practicability and statistics
relating to same.
Conclusion: In my judgment registration of firearms
is a matter to be left to the states to explore--each state
should base its standards and requirements on its particular
problems and needs. (Rural states have needs different from
industrialized states.) I hasten to add that since gun regis-
tration is so intimately connected with the issue of mail
order sales, my opinion on gun registration is only sound if
RN takes a strong position endorsing legislation banning the
mail order sales of rifles and shotguns.
Those in agreement with the above conclusion:
Friday, in Washington, D. C., I had informal off-the-record
discussions with Tom Bishop, Public Relations, Director of
the FBI and Quinn Tamm, Executive Director, International
Association of Chiefs of Police, both of whom believe this
to be a sound approach. Also, Evelle Younger feels this
would be an excellent political position.
Suggested position: I suggest the following as
RN's position:
--He should indicate that he was the first of the
candidates to speak out forthrightly on the issue of crime--
recognizing it as a major national crisis.
--He should renew his criticism of the Administra-
tion's weakness in the law enforcement area in general--i.e.
LBJ and Ramsey Clark still oppose wiretapping legislation in CASES
relating to organized crime--and in particular, its failure
to utilize present federal firearms legislation effectively.
In 1966 the Senate Judiciary Committee criticized the
-2-
Reproduced at the Richard Nixon Presidential Library and Museum
Government's failure to utilize available legislation
effectively:
"The record shows that indictments and
convictions under the existing Federal firearms
statutes have been relatively few, and the
comparative rarity of successful action in
the courts by the Federal Government have con-
tributed to a compounding of the problems of
reasonable and effective firearms regulation.
"Apparently, in a number of instances, the
public authorities are not fully utilizing the
tools available to them at present under
Federal law. Testimony has been presented to
this committee that a State conservation agency,
in the course of apprehending individuals in
violation of game laws or in routine checking,
has had occasion to turn over to Federal enforce-
ment personnel weapons in violation of the
National Firearms Act. To its knowledge, this
conservation agency has never heard of a Federal
prosecution resulting from those seizures. Fur-
ther, testimony before this committee has brought
out that in a number of instances Federal agents
have apprehended individuals in serious violation
of the Federal firearms laws but that no action
has resulted from the arrest of thse individuals.
This is a matter of concern to this committee and
ought to be considered in evaluating the desira-
bility and necessity for additional firearms
controls.
"
--He should prod LBJ to fish or cut bait with the
Omnibus Crime Bill on his desk and not use it for political
leverage.
--He should strongly support legislation banning
the mail order shipment of rifles and shotguns.
--He should not support federal gun registration,
leaving such legislation to the states which are in a better
position to base such legislation upon their individual
needs and requirements. (However, he may propose federal
minimum standardsbe set).
--He should indicate that (contrary to Rockefeller's
charge) he has always supported tighter gun control legisla-
tion.
-3-
Reproduced at the Richard Nixon Presidential Library and Museum
We must point out that RN strongly endorses the
Omnibus Crime Control and Safe Streets Act of 1968 (now
before LBJ) which contains the following provisions relating
to gun control:
Title IV: (1) Prohibits the interstate mail
order sale of handguns except between federally
licensed dealers.
(2) Prohibits the over-the-counter sale of
handguns to persons not residing in the State in
which the dealer's place of business is located.
(3) Prohibits a Federal dealer from selling
a handgun to a person under 21 years of age.
(4) Prohibits a Federal dealer from selling
a firearm to a person who the licensee believes is
prohibited by State or local law from receiving or
possessing a firearm. (Rifles and shotguns are
including in the definition of "firearm.")
(5) Considerably strengthens the standards
for obtaining Federal firearms dealer licenses and
increases the licensing fees for dealers, importers
and manufacturers.
(6) Regulates the importation of firearms into
the United States by excluding surplus military hand-
guns. All other firearms, including rifles and shot-
guns, not suitable for sporting purposes are excluded
if the Secretary of Treasury so declares.
(7) Prohibits the sale of destructive devices
(antitank guns, bombs, grenades), machineguns and
sawed-off rifles and shotguns unless the dealer has
-4-
Reproduced at the Richard Nixon Presidential Library and Museum
a sworn statement from the purchaser's local law
enforcement officer stating that no law would be
violated by such person's possession.
(8) Prohibits the interstate transportation
of destructive devices, machineguns, and sawed-off
rifles and shotguns in interstate commerce except
between licensed dealers or as authorized by the
Treasury Secretary.
(9) Prohibits the transportation or receipt
in interstate commerce of a firearm (including rifles
and shotguns) with intent to commit a felony or with
knowledge that a felony is to be committed with it.
Title VII: Prohibits the receipt, possession
and transportation in commerce or affecting commerce
of any firearm, including rifles and shotguns by a
convicted felon, a person receiving other than an
honorable discharge, a mental incompetent, and
aliens illegally residing in the United States.
Additional Suggested RN Statements
--No panacea: It would be appropriate to point
out that no legislation, even curbing mail order rifles and
shotguns, is a cure-all. RN should repeat the message in
"Freedom From Fear": we need effective leadership, a commit-
ment by the American people and an attack on crime on all
levels.
--Hunters and sportsmen: All this publicity on the
"gun lobby" has given the honest, law abiding hunter and
sportsman a bad name. RN knows many responsible hunters and
sportsmen who do not object to reasonable legislation; they
have noth ing to hide--all they ask, and rightly so, is
-5-
Reproduced at the Richard Nixon Presidential Library and Museum
reasonable responsible legislation which would not adversely
affect their hobby or sport. RN supports that proposition.
--State Gun Registration: The states are the
arenas where the fight for law and order will be won. Con-
gress recognized that proposition in the Omnibus Crime Act
(Title I):
"Congress finds further that crime is
essentially a local problem that must be dealt
with by State and local governments if it is to
be controlled effectively."
But, it is a proper exercise of the federal police powers,
to prohibit the circumvention of rigid state gun control
laws, by the simple expediency of having guns shipped through
the mail.
--Limitations on Any Gun Registration Law: The
young man who killed 14 people from the Texas tower would
have been able to obtain a gun in any state--even those with
the strictest registration laws. Although registration shall
weed out many misfits, its prime use is as a speedy and cer-
tain starting point to trace a person after a crime has been
committed and the weapon found (i.e. RFK assassination
within minutes).
Authoritative Support that States
Should Enact Gun Registration
Legislation as Opposed to the
Federal Government
J. Edgar Hoover's Recommendation
J. Edgar Hoover favors, on a federal level, banning
the mail order shipment of all firearms, leaving the regis-
tration of guns to local authorities. Following is his
message:
-6-
Reproduced at the Richard Nixon Presidential Library and Museum
EACH YEAR, THOUSANDS OF BUSINESSMEN look
assistance must strongly complement State gun
up from their work into the menacing muzzle of
legislation. While it is true a hardened criminal
a gun wielded by a trigger-happy robber. In
will obtain a gun regardless of statutes in force,
recent months, murderous snipers have waged
most authorities agree that controls would make
guerrilla warfare against law enforcement officers
acquisition more difficult. With a large percent-
in our city streets. In 1963, our President was
age of the murders in the United States occurring
slain with a mail-order rifle. During the calendar
within the family or among acquaintances, the
year of 1966 alone, more citizens were killed or
readily available lethal firearm, seven times more
assaulted with guns in American streets and
deadly than other murder weapons, becomes a
homes than were killed in battle during the entire
major factor.
Korean conflict.
Enforced controls at the local level provide the
The use of firearms in crime is indeed a serious
possibility of investigative leads in tracing stolen
and major problem in our country today.
weapons and those used in crime. This possibil-
A firearm continues to be the instrument of
ity takes on added significance in view of the
death in virtually every murder of a law enforce-
nationwide capabilities of the rapidly expanding
ment officer. Last year, 55 of the 57 law enforce-
FBI National Crime Information Center. Per-
ment victims killed in the line of duty died from
tinent weapons information stored in this com-
gunshot wounds. These figures are in keeping with
puter network is available to law enforcement
the trend since 1960 which reflects that firearms
throughout the country in a matter of seconds.
have been the murder weapons in 96 percent of
Some States and jurisdictions have laws which
the 335 police killings.
allow courts to impose stiffer penalties for crimi-
There has been an increasing interest on the
nals who use firearms in the commission of
part of the public in this admittedly complex
felonies. A realistic application of these laws by
issue. I have publicly stated my view for many
the courts, plus the passage of similar legislation
years that better control of firearms is not only
in areas where none now exists, together with
desirable, but also necessary to public welfare.
mandatory prohibitions against suspended sen-
We have reached the point where the time for
tences in cases involving firearms, would cer-
debate is past; the time for action is here.
tainly be a strong deterrent to those who con-
template using firearms for violence.
I think mail-order firearm purchases should
be banned, interstate transportation of firearms
There is no doubt in my mind that the easy
controlled, and local registration of weapons
accessibility of firearms is responsible for many
required and enforced.
killings, both impulse and premeditated. The
statistics are grim and realistic. Strong measures
The primary thrust against this serious prob-
must be taken, and promptly, to protect the
lem must be from the local level, but Federal
public.
SEPTEMBER 1, 1967
JOHN ESGAR HOOVER, Director.
President's Crime Commission Recommendations
The President's Crime Commission, while recommend-
ing legislation prohibiting the interstate shipment of hand-
guns (except for federally licensed dealers), did not re-
commend legislation banning the mail order shipment of rigles
-7-
Reproduced at the Richard Nixon Presidential Library and Museum
and shotguns. Instead, the Commission recommended:
"The interstate shipment of shotguns and rifles
should be delayed a sufficient time for law
enforcement authorities in the buyer's home-
town to examine his sworn statement concerning
age and other factors affecting his eligibility
to purchase such a weapon, and the consent of
these authorities should be required before the
weapon may be shipped. "
Concerning gun registration, the Commission recommended that
the states should enact registration of all handguns, rifles
and shotguns, but if, after five years, some states still
have not enacted such laws, Congress should pass a Federal
firearms registration act applicable to those states.
Following is the Commission's complete recommendation on
firearms control:
"Since laws, as they now stand, do not
accomplish the purposes of firearms control,
the Commission believes that all States and
the Federal Government should act to strengthen
them. Any legislative scheme should maximize
the possibility of keeping firearms out of the
hands of potential criminal offenders, while at
the same time affording citizens ample oppor-
tunity to purchase such weapons for legitimate
purposes.
"It is appropriate to ban absolutely the sale of
those weapons no citizen has a justifiable reason
for owning.
"Federal and State Governments should enact
legislation outlawing transportation and private
possession of military-type firearms such as
bazookas, machine guns, mortars, and antitank guns.
"In addition, dangerous or potentially dangerous
persons should be prohibited from purchasing firearms.
"States should enact laws prohibiting certain
categories of persons, such as habitual drunkards,
drug addicts, mental incompetents, persons with a
history of mental disturbance, and persons convicted
of certain offenses, from buying, owning, or possessing
firearms.
"Prevention of crime and apprehension of criminals
would be enhanced if each firearm were registered with
a governmental jurisdiction. A record of ownership
would aid the police in tracing and locating those who
-8-
Reproduced at the Richard Nixon Presidential Library and Museum
have committed or who threaten to commit violent
crime. Law enforcement officers should know where
each gun is and who owns it.
"Each State should require the registration of
all handguns, rifles, and shotguns. If, after 5
years, some State still have not enacted such laws,
Congress should pass a Federal firearms registra-
tion act applicable to those States.
"Government regulation to prevent those with
criminal purposes from purchasing firearms cannot
be effective as long as mail-order sales and retail
sales to persons living outside the seller's State
are not controlled. It is essential, also, to re-
duce and to regulate the importation into the
United States of large numbers of cheap firearms.
Since sporting weapons such as rifles and shotguns
apparently present less danger of criminal use
than do handguns, control over the latter should be
more stringent. A truly effective system of regu-
lation requires a meshing of State and Federal
action.
"Each State should require a person to obtain
a permit before he can either possess or carry a hand-
gun. Through licensing provisions, Federal law should
prohibit mail-order and other interstate sales of
handguns and should regulate such sales of rifles and
shotguns.
"Federal legislation to implement these goals
should prohibit the interstate shipment of handguns
except between federally licensed importers, manu-
facturers, and dealers. A Federal licensee should
also be prohibited from selling handguns to an indi-
vidual not living in the State of the seller. The
interstate shipment of shotguns and rifles should
be delayed a sufficient time for law enforcement
authorities in the buyer's hometown to examine his
sworn statement concerning age and other factors
affecting his eligibility to purchase such a weapon,
and the consent of these authorities should be re-
quired before the weapon may be shipped. Antique
dealers could continue to operate under reasonable
regulations. States may also want to prohibit fire-
arms sales to persons under a certain age, such as
18 or 21, or require parental approval for firearms
registration in a minor's name. "
American Bar Foundation Study
The American Bar Foundation in its report on this
subject concluded that the available evidence is insufficient
to warrant taking a position on the effectiveness of existing
-9-
Reproduced at the Richard Nixon Presidential Library and Museum
and proposed firearm legislation. However, it did conclude
that there is a lack of uniformity in state legislation
which suggests "different views among the S states of the
seriousness of the firearms problems." It further concluded
that the "likelihood of the adoption of strict uniform state
legislation appears highly doubtful." (I annex hereto the
American Bar Foundation study which contains a survey of
state laws regulating firearms as of June 30, 1966).
Administrative Burdens Inherent in
Federal Gun Registration Legislation
Since no hearings have been held on this proposal,
Senator Hruska's aide reports that there are no figures to
establish the number of additional Treasury Department
employees (which would be needed) to implement Federal gun
registration legislation. (Senate Hearings are scheduled
for Tuesday, June 18th). He estimates that the figure may
range from 3,000 to 50,000 additional employees.
This estimate is based upon some statistics: in
Illinois, which has a gun licensing law, in 6 to 7 months,
1,500,000 applications were processed. It is estimated that
there were 20,000,000 hunting licenses and permits issued
last year and as many as 50,000,000 to 200,000,000 million
guns in hands of non-law enforcement personnel. One FBI
official told me that Federal gun registration would be "an
administrative nightmare. "
The other side of the coin is the argument that,
because of the NRA, the states cannot get legislation enacted.
-10-
Reproduced at the Richard Nixon Presidential Library and Museum
Proposed Federal Gun Registration
Legislation and Statistics Sup-
porting its Desirability
Senators Dodd and Tydings have introduced legislation
on June 12 at which time they set forth the statistical
need for such legislation, the principal arguments in favor
of same, and an up-to-date review of present state law.
Because I do not feel we would seriously support such legis-
lation, and in view of our time schedule, I have not attempted
to summarize the bills or the arguments but, instead, annexed
the statements of Senators Dodd and Tydings as set forth in
the Congressional Record.
#
#
#
#
#
#
-11-
Reproduced at the Richard Nixon Presidential Library and Museum
7066
CONGRESSIONAL RECORD - SENATE
June 12, 1968
3024
resided in such islands on November 15, 1967,
The amendments were. ordered to be
Be it enacted by the Senate and House
including an inhabitant temporarily absent
of Representatives of the United States of
from the islands on that date; and
engrossed and the bill to be read a third
(2) any inhabitant of the Bonin Islands
time.
America in Congress assembled, That, in the
administration of the Immigration and Na-
who was born to eligible parents after
The bill was read the third time, and
tionality Act, Richard Smith (Noboru Ka-
November 15, 1967, but before two years after
passed.
wano) may be classified as a child within
the enactment of this Act and continued to
Mr. MANSFIELD. Mr. President, I
the meaning of section (b) (1) (F) of the
reside in the islands or in the United States
ask unanimous consent to have printed
Act. upon approval of a petiiton filed in his
or its outlying possessions;
in the RECORD an excerpt from. the re-
behalf by Technical Sergeant Robert E. Smith
and has taken no affirmative steps to acquire
port (No. 1225), explaining the purposes
a citizen of the United States, pursuant to
another foreign nationality.
of the bill.
section 204 of the Act: Provided, That no
SEC. 3. Any person who enters the United
brothers or sisters of the beneficiary shall
States under the provisions of this Act shall,
There being no objection, the excerpt
thereafter, by virtue of such relationship, be
upon completion of the residence and physi-
was ordered to be printed in the RECORD,
accorded any right, privilege, or status under
cal presence requirements of section 316(a)
as follows:
the Immigration and Nationality Act.
of the Immigration and Nationality Act (8
PURPOSE OF THE BILL
The amendments were agreed to.
U.S.C. 1427 (a)), be deemed to have been
The purpose of the bill, as amended, is to
lawfully admitted to the United States for
The bill was ordered to be engrossed
waive the provisions of section 313 of the
permanent residence as of the date of such
for a third reading, read the third time,
Immigration and Nationality Act in behalf of
entry, for the purpose of petitioning for
and passed.
Stanislaw and Julianna Szymonik, and to
naturalization.
provide that they be held to have complied
Mr. MANSFIELD. Mr. President, I ask
SEC. 4. Except as otherwise specifically
with the residence and physical presence re-
unanimous consent to have printed in
provided for in this Act, the definitions con-
quirements of section 316 of that act, thus
the RECORD an excerpt from the report
tained in section 101 of the Immigration and
permitting them to file petitions for naturali-
(No. 1223), explaining the purposes of
Nationality Act, as amended (8 U.S.C. 1101),
zation. The amendments are technical in
the bill.
shall apply to the administration of this Act.
nature.
There being no objection, the excerpt
The endments were agreed to.
was ordered to be printed in the RECORD,
The bill was ordered to be engrossed
COMMITTEE MEETING DURING
as follows:
for a third reading, was read the third
SENATE SESSION
PURPOSE OF THE BILL
time, and passed.
Mr. MANSFIELD. Mr. President, I ask
Mr. MANSFIELD. Mr. President, I ask
The purpose of the bill, as amended, is to
facilitate the entry into the United States
unanimous consen to have printed in
unanimous consent that the Committee
in an immediate relative status of the
the RECORD an excerpt from the report
on Foreign Relations be authorized to
adopted son of a citizen of the United States.
(No. 1224), explaining the purposes of
meet during the session of the Senate
The bill has been amended in accordance with
the bill.
today.
established precedents.
There being no objection, the excerpt
The PRESIDING OFFICER. Without
was ordered to be printed in the RECORD,
objection, it is so ordered.
as follows:
Mr. MANSFIELD. I thank the dis-
ADMISSION OF CERTAIN INHABIT-
PURPOSE OF THE BIL
tinguished Senator from Maryland for
ANTS OF THE BONIN ISLANDS
his patience and courtesy.
The purpose of the bill, as amended, is to
The Senate proceeded to consider the
facilitate the entry into the United States
bill (S. 3488) to provide for the admis-
of not to exceed 205 inhabitants of the Bonin
ORDER OF BUSINESS
sion to the United States of certain in-
Islands and certain of their children ithin
habitants of the Bonin Islands which had
2 years after enactment of this act, and to
The PRESIDING OFFICER. Under the
been reported from the Committee on the
provide such aliens a means whereby they
previous order, the Chair recognizes the
Judiciary, with amendments, on page 2,
may petition for naturalization upon con
Senator from Maryland.
line 7, after the word "a" strike out.
pletion of the residence and physical pres
Mr. TYDINGS. Mr. President, I ask
ence requirements of section 316(a) of the
"United States"; and on page 3, after
Immigration and Nationality Act.
inanimous consent that I may yield to
line 4, insert a new section, as follows:
the Senator from Connecticut.
SEC. 4. Except as otherwise specifically pro-
The PRESIDING OFFICER. The Sen-
vided for in this Act, the definitions con-
STANISLAW AND JULIANNA
ator om Connecticut is recognized.
tained in section 101 of the Immigration and
SZYMONIK
Mr I am grateful to my col-
Nationality Act, as amended (8 U.S.C. 1101),
The Senate proceeded to consider the
league 1 friend, the distinguished Sen-
shall apply to the administration of this Act.
bill (H.R. 1879) for the relief of Stan-
ator from Maryland, for yielding to me.
So as to make the bill read:
islaw and Julianna Szymonik which had
S. 3488
been reported from the Committee on
Be it enacted by the Senate and House
the Judiciary, with amendments, on
S. 3633-INTRODUCTION OF BILL TO
of Representatives of the United States of
page 1, line 4, after the word "shall"
AMEND TITLE 18, UNITED STATES
America in Congress assembled, That, not-
strike out "be held to be included in the
CODE
withstanding the provisions of any other
class of applicants for naturalization ex-
law, nothing contained in title II of the Im-
Mr. DODD. Mr. President, President
migration and Nationality Act, as amended,
empted from the provisions of section
Johnson, in his deep concern over the
except for section 212(a) (9), (10), (11),
313(a) and, in lieu thereof, insert "not
assassination of Senator Robert F. Ken-
(12), (13), (23), (27), (28), and (29), section
be regarded to be or to have been within
nedy and his anguish over the continued
215, and section 241(a) (1), (6), and (7) of
the classes of persons whose naturaliza-
killings in this country, has sent a fire..
the Act (8 U.S.C. 1151 et seq.) shall limit,
tion is prohibited by section 313"; and in
arms bill to Congress, the State Fire-
restrict, deny, or otherwise affect the entry
line 9, after the word "Act," strike out
arms Control Assistance Act of 1968.
into the United States or its outlying posses-
"as such class is specified in section 313
sions, as defined in section 101(a) (29) and
At the administration's request, I now
(c) of the said Act,"; so as to make the
(38) of the Immigration and Nationality Act
introduce this bill and send it to the
bill read:
(8 U,S.C. (29) and (38)), within two
desk for appropriate reference to com-
years after the enactment of this Act, or the
Be it enacted by the Senate and House of
mittee.
departure from the United States or its.out-
Representatives of the United States of
lying possessions, of not more than 205 in-
America in Congress assembled, That Stan-
On Monday, because I shared the Pres-
habitants of the Bonin Islands, and the chil-
islaw and Julianna Szymonik, lawfully ad-
ident's concern over the epidemic of
dren described in section 2 of this Act, who
mitted for permanent residence in the
violence that plagues our country, I in-
present a document of identity and nation-
United States, shall not be regarded to be or
troduced two bills of my own.
ality issued by the Military Governor of the
to have been within the classes of persons
The first was similar to the one I now
Bonin Islands or by a United States consular
whose naturalization is prohibited by section
officer in Japan. This section shall not grant
313 of the Immigration and Nationality Act,
introduce on behalf of the administra-
any privileges, rights, benefits, exemptions,
and that Stanislaw and Julianna Szymonik
tion. The second was a measure calling
or immunities to such inhabitant or child
shall be considered to have met the residence
for the compulsory registration of all
which are not specifically granted by this
and physical presence requirements of sec-
firearms.
Act.
tion 316(a) of the said Act, and their peti-
The President's proposed gun bill is
SEC. 2. This Act applies to
tions for naturalization may be filed with
virtually the same as title IV, my amend-
(1) natives of the Bonin Islands, or of
any court having naturalization jurisdiction.
ment to H.R. 5037, which passed the
Japan, who are nationals of Japan and who
The amendments were agreed to.
Congress on June 6.
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD SENATE
S7067
There are, however, two significant ex-
not acquire firearms. But it will at least
In Texas, 69 percent of the murders
tensions of coverage in this new bill.
serve to keep firearms out of the hands
are by gun.
It imposes the following restrictions
of many people who should not have
In South Carolina, it is 73 percent and
on rifles and shotguns, paralleling those
them.
in Nebraska 70 percent.
imposed by title IV on handguns:
As an added safeguard there are the
All of the above States do not have
First. It prohibits the interstate mail
controls over the sale of ammunition.
stringent gun controls.
order sale of rifles and shotguns, except
These will further restrict the illicit use
When one contrasts these percentages
between licensed dealers.
of guns, because, for guns to do their
of murder by gun with States with
Second. It prohibits the over-the-
damage, there must be ammunition.
stringent gun controls, we find the fol-
counter sales to nonresidents of rifles
The restriction of ammunition sales
lowing:
and shotguns.
to those over 21 in the case of handguns,
New York, 32 percent.
Third. It prohibits the sale of long
and to those over 18 in the case of rifles
New Jersey, 39 percent.
guns to persons under 18.
and shotguns, is the simplest kind of
Massachusetts, 36 percent.
There are also provisions to control
precaution. It will provide an additional
Rhode Island, 24 percent.
the shipment and sale of ammunition.
check by limiting the sale of ammuni-
Mr. President, the conclusion is ob-
These would first, prohibit the inter-
tion to those who possess their guns law-
vious to me.
state mail-order sale of ammunition ex-
fully and are known to be neither felons
A State or a nation with strong gun-
cept between licensed dealers; second,
nor lunatics. But it will cause no incon-
control laws fares much better than does
prohibit the sale of handgun ammuni-
venience to the serious sportsman.
a State or a nation that has no gun
tion to persons under 21, and the sale of
I believe that these controls over the
controls.
long gun ammunition to persons under
sales of ammunition would be more ef-
It is just as simple as that.
18; and, third, require manufacturers
fective if coupled with the provisions
Last year, 6,500 Americans were shot
and dealers in ammunition to be licensed,
governing the sale of ammunition in the
down by guns in the hands of murder-
the licensee fee to be set at $10 annually.
gun registration bill which I introduced
ers. Another 100,000 were the victims
There will be those who claim that
Monday.
of other crimes, ranging from rape and
these restrictions interfere with the con-
In short, the controls over ammuni-
assault to robbery, committed by felons
stitutionally given right for any and all
tion in both bills would complement each
armed with guns.
to possess "hunting" weapons, and that
other.
The assassination of President John
this amendment if enacted would dis-
Mr. President, we know that one of
F. Kennedy by a mail-order rifle in the
arm our citizenry, leaving them helpless
the prime arguments against gun-con-
hands of an individual with a known
in the face of possible attack from with-
trol legislation is that gun laws do not
political obsession deprived the entire
in or without. They view such legisla-
work, that they are ineffective and
Nation of its President.
tion as the first step in some sinister
meaningless as a deterrent to crimes of
The assassination of Dr. Martin Luther
conspiracy.
violence.
King by a rifle in the hands of an es-
But this amendment is, in fact, an ex-
I submit that quite the opposite is true,
caped felon deprived the Nation of one of
tremely limited measure which takes
and this can be demonstrated by mas-
its great moral leaders, a symbol and ad-
only a minimal first step toward effective
sive evidence in the files of the Juvenile
vocate of nonviolence.
regulation, in gun traffic.
Delinquency Subcommittee.
The assassination of Robert F. Ken-
The argument that an amendment
In England for example the murder
nedy by a cheap handgun in the hands of
such as this would "inconvenience" a
rate by guns is only one fifty-fifth the
an individual with a strong personal ha-
large segment of the population is SO ob-
rate in this country.
tued deprived this Nation of an outstand-
viously contrived that I think it is worth
Again, in England firearms were used
ing Senator and an important candidate
noting all of the things that this amend-
in 3 percent of the 9,000 robberies in 1966,
in a race that symbolizes, more than any
ment does not do:
whereas in the United States robberies in
other, the very heartbeat of democracy in
It does not prohibit any responsible
which firearms are used stand at 40 per-
these United States.
person from owning a rifle or shotgun.
cent of the total, or some 60,000 gun
The atmosphere of violence and the ob-
It does not prohibit any responsible
robberies in 1966.
sessional recourse to guns by demented
person from using a rifle or shotgun.
These comparisons are meaningful in
individuals to achieve their goals are, in
It does not prohibit a person from tak-
light of the fact that England strin-
the end, destructive to all citizens.
ing his long gun from his State and
gently controls access to firearms by its
In this environment, the availability of
carrying it with him to another State.
citizens.
firearms to unstable individuals, whether
Under this amendment a person can
Similar low incidences of firearms
they be children, felons, or lunatics is
even give a rifle or shotgun to his child
abuse are the rule in other Western
a continuing affront to the attempt of
if he thinks that wise, whether or not
European nations.
this Nation to maintain a civilization
the child is 18 years old.
I submit that if we acknowledge these
where life and the pursuit of happiness
One of the principal arguments against
facts and then relate them to the pres-
are everyone's right and expectation.
this amenmdent will unquestionably be
ence of gun controls in those countries,
The opponents of adequate firearms
the requirement that a man appear in
then we must conclude that gun controls
control laws have coined a slogan: Guns
person at some point in the course of
are indeed effective.
do not kill people, people kill people.
purchasing a rifle or shotgun would "in-
I, of course, recognize that there are
This is a deceptive phrase.
convenience" him. This may be true, to
other contributing causes to crime in this
The truth is that guns do kill people,
a certain extent.
land and in other nations of the world.
and, indeed, it is often the trigger which
But let us not exaggerate this incon-
But I firmly believe that the presence
pulls the finger. This is something that
venience.
First of all, a person will still be able
or absence of gun controls is a significant
has been established by psychologists.
factor in the number of gun crimes and,
I made reference yesterday to a study
to choose from the same variety of long
guns that is available to him now
therefore, in the general level of violence.
by Dr. Leonard Berkowitz at the Univer-
through mali-order catalogs. This is
And, of course, the facts on gun crimes
sity of Wisconsin. It showed that the
true because the only difference this
in the United States bear out my convic-
mere presence of a firearm in the vicinity
tion that the absence of gun controls in
of an angered person tends to increase
amendment would make is that he would
the United States is a major factor in
such a person's aggressiveness, hostility,
have to order the long gun through a
our appalling rates for crimes of violence.
and potential for violence.
dealer at whose place of business he will
appear at some point before receiving
It is also highly significant that those
I add to this conclusion the findings of
the gun. He can have the catalogs at
areas of the Nation from which the
the Federal Bureau of Investigation that
home, or go look at those at the dealer's
stanchest opposition to gun-control leg-
a gun is seven times more deadly than
shop. In either case, he will have ex-
islation emanates have generally the
all other weapons used in crime com-
bined.
actly the same variety of choice as he
highest percentages of murder by gun.
It is my earnest hope, as I said yester-
does today.
In Montana, 72 percent of the murders
day, that Congress will heed the plea of
Registration and control of the pur-
are by gun.
the President and will enact both the
chase of new guns will not give us a 100-
In Nevada, 67 percent of the murders
new legislation which I have introduced
percent guarantee that incompetents will
are by gun.
today on behalf of the administration,
Reproduced at the Richard Nixon Presidential Library and Museum
7068
CONGRESSIONAL RECORD - SENATE
June 12, 1968
and the legislation providing for the com-
Act may be cited as the "State Firearms
tended to discourage or eliminate the private
pulsory registration of firearms, which I
Control Assistance Act of 1968.'
ownership or use of firearms by law-abiding
introduced on Monday.
FINDINGS AND DECLARATION
citizens for lawful purposes, or provide for
With this legislation on the books; our
SEC. 2. (a) The Congress hereby finds and
the imposition by Federal regulations of any
country would for the first time have
-declares-
procedures or requirements other than those
effective controls over the sale and pur-
(1) that there is a widespread traffic in
reasonably necessary to implement and ef-
firearms moving in or otherwise affecting
fectuate the provisions of this title.
chase and ownership of firearms.
interstate or foreign commerce, and that the
SEC. 3. Title 18, United States Code, is
By providing ourselves with these con-
existing Federal controls over such traffic do
amended by inserting after section 917 there-
trols, we shall bring America into the
not adequately enable the States to control
of chapter 44 to read as follows:
company of other civilized nations,
this traffic within their own borders through
"CHAPTER 44.--FIREARMS
rather than being looked upon by our
the exercise of their police power;
"Sec.
friends in other countries as a well in-
(2) that the ease with which any person
"921. Definitions.
tentioned but hopelessly anachronistic
can acquire firearms (including criminals,
"922. Unlawful acts.
nation whose popular mentality and gun
juveniles without the knowledge or consent
"923. Licensing.
laws belong to the age of General Custer
of their parents or guardians, narcotics ad-
"924. Penalties.
dicts, mental defectives, armed groups who
"925. Exceptions: Relief from disabilities.
rather than to the mid-20th century.
would supplant the functions of duly con-
"926. Rules and regulations.
Congress knows that the people of this
stituted public authorities, and others whose
"927. Effect on State law.
country favor the stringent gun control
possession of such weapons is similarly con-
"928. Separability clause.
legislation incorporated in the adminis-
trary to the public interest) is a significant
921. Definitions
tration's proposal and in my own pro-
factor in the prevalence of lawlessness and
violent crime in the United States;
"(a) As used in this chapter-
posal for compulsory registration. This
has been borne out by every poll that has
(3) that only through adequate Federal
"(1) The term 'person' and the term
control over interstate and foreign commerce
'whoever' includes any individual, corpora-
been taken in recent years.
in these weapons, and over all persons en-
tion, company, association, firm, partnership,
I therefore appeal to the Congress to
gaging in the businesses of importing, man-
society, or joint stock company.
give the American people the protective
ufacturing, or dealing in them, can this
"(2) The term 'interstate or foreign com-
gun legislation which they demand and
grave problem be properly dealt with, and
merce' includes commerce between any State
deserve.
effective State and local regulation of this
or possession (not including the Canal Zone)
And I appeal to the people of this coun-
traffic be made possible;
and any place outside thereof; or between
(4) that the acquisition on a mail-order
points within the same State or possession
try not to content themselves with voic-
basis of firearms by nonlicensed individuals,
(not including the Canal Zone), but through
ing their opinions to occasional pollsters,
but to make their opinions, yes, and their
from a place other than their State of
any place outside thereof; or within any pos-
residence, has materially tended to thwart
session or the District of Columbia. The
demands, known to Members of Congress
the effectiveness of State laws and regula-
term 'State' shall include the Commonwealth
in an unending torrent of letters and
tions, and local ordinances;
of Puerto Rico, the Virgin Islands, and the
telegrams.
(5) that the sale or other disposition of
District of Columbia.
The gun lobby, although it represents
firearms by importers, manufacturers, and
"(3) The term 'firearm' means any weap-
only a tiny minority, has often boasted
dealers holding Federal licenses, to non-
on (including a starter gun) which will or
that it can inundate Washington with a
residents of the State in which the licensees'
is designed to or may readily be converted
million communications on 24 hours
places of business are located, has tended
to expel a projectile by the action of an ex-
to make ineffective the laws, regulations, and
plosive; the frame or receiver of any such
notice.
ordinances in the several States and local
weapon; or any firearm muffler or firearm
Let those decent law-abiding citizens
jurisdictions regarding such firearms;
silencer; or any destructive device.
who want the protection of gun legisla-
(6) that there is a causal relationship be-
"(4) The term 'destructive device' means
tion respond to this infamous lobby by
tween the easy availability of firearms and
any explosive, incendiary, or poison gas bomb,
flooding Washington with tens of mil-
juvenile and youthful criminal behavior, and
grenade, mine, rocket, missile, or similar
lions of communications.
that firearms have been widely sold by feder-
device; and includes any type of weapon
Let the trade unions and the women's
ally licensed importers and dealers to emo-
which will or is designed to or may readily
tionally immature, or thrill-bent juveniles
be converted to expel a projectile by the ac-
clubs and the civic organizations and
and minors prone to criminal behavior;
tion of any explosive and having any barrel
clergymen of all denominations join in
with a bore of one-half inch or more in
(7) that the United States has become the
an active crusade in support of compul-
diameter.
dumping ground of the castoff surplus mili-
sory registration.
tary weapons of other nations, and that such
"(5) The term 'shotgun' means a weapon
The success of the gun lobby over a
weapons, and the large volume of relatively
designed or redesigned, made or remade, and
inexpensive firearms (largely worthless for
intended to be fired from the shoulder and
period of over 30 years constitutes an-
other tragic proof of the dictum that "all
sporting purposes), imported into the United
designed or redesigned and made or remade
that is necessary for the triumph of evil,
States in recent years, has contributed great-
to use the energy of the explosive in a fixed
ly to lawlessness and to the Nation's law en-
shotgun shell to fire through a smooth bore
is for good men to do nothing."
forcement problems;
either a number of ball shot or a single
It is time for the people of America to
(8) that the lack of adequate Federal con-
projectile for each single pull of the trigger.
break the grip of the gun lobby and to
trol over interstate and foreign commerce in
"(6) The term 'short-barreled shotgun'
assert themselves.
highly destructive weapons (such as ba-
means a shotgun having one or more barrels
Mr. President, I send the bill to the
zookas, mortars, antitank guns, and so forth,
less than eighteen inches in length and any
desk, for appropriate reference, and I ask
and destructive devices such as explosive or
weapon made from a shotgun (whether by
incendiary grenades, bombs, missiles, and so
alteration, modification, or otherwise) if such
unanimous consent that the entire text of
forth) has allowed such weapons and devices
weapon as modified has an overall length of
the bill may be printed at the end of my
to fall into the hands of lawless persons, in-
less than twenty-six inches.
remarks along with a letter of trans-
cluding armed groups who would supplant
"(7) The term 'rifle' means a weapon de-
mittal to the Vice President of the United
lawful authority, thus creating a problem
signed or redesigned, made or remade, and
States from Attorney General Ramsey
intended to be fired from the shoulder and
of national concern;
Clark.
(9) that the existing licensing system
designed or redesigned and made or remade
The PRESIDING OFFICER. The bill
under the Federal Firearms Act does not pro-
to use the energy of the explosive in a fixed
vide adequate license fees or proper stand-
metallic cartridge to fire only a single projec-
will be received and appropriately re-
ferred; and, without objection, the bill
ards for the granting or denial of licenses,
tile through a rifled bore for each single pull
and that this has led to licenses being issued
of the trigger.
and letter will be printed in the RECORD.
to persons not reasonably entitled thereto,
"(8) The term 'short-barreled rifle' means
The bill (S. 3633) to amend title 18,
thus distorting the purposes of the licensing
a rifle having one or more barrels less than
United States Code, to provide for bet-
system.
sixteen inches in length and any weapon
ter control of the interstate traffic in fire-
(b) The Congress further hereby declares
made from a rifle (whether by alteration,
arms, introduced by Mr. DODD (for him-
that the purpose of this title is to cope with
modification, or otherwise) if such weapon as
self and other Senators), was received,
the conditions referred to in the foregoing
modified has an overall length of less than
read twice by its title, referred to the
subsection, and that it is not the purpose of
twenty-six inches.
Committee on the Judiciary, and ordered
this title to place any undue or unnecessary
"(9) The term 'importer' means any per-
Federal restrictions or burdens on law-abid-
son engaged in the business of importing or
to be printed in the RECORD, as follows:
ing citizens with respect to the acquisition,
bringing firearms or ammunition into the
S. 3633
possession; or use of firearms appropriate to
United States for purposes of sale or dis-
Be it enacted by the Senate and House
the purpose of hunting, trapshooting, target
tribution; and the term 'licensed importer'
of Representatives of the United States of
shooting, personal protection or any other
means any such person licensed under the
America in Congress assembled, That this
lawful activity, and that this title is not in-
provisions of this chapter.
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD SENATE
S 7069
"(10) The term 'manufacturer' means any
ing, manufacturing, or dealing in firearms, or
reasonable cause to believe is less than
person engaged in the manufacture of fire-
ammunition, or in the course of such busi-
twenty-one years of age.
arms or ammunition for purposes of sale or
ness to ship, transport, or receive any firearm
"(2) any firearm or ammunition to any
distribution; and the term 'licensed manu-
or ammunition in interstate or foreign
person in any State where the purchase or
facturer' means any such person licensed un-
commerce.
possession by such person of such firearm
der the provisions of this chapter.
"(2) for any importer, manufacturer, or
or ammunition would be in violation of any
"(11) The term 'dealer' means (A) any per-
dealer licensed under the provisions of this
State or local law applicable at the place of
son engaged in the business of selling fire-
chapter to ship or transport in interstate or
sale, delivery or other disposition, unless the
arms or ammunition at wholesale or retail,
foreign commerce, any firearm or ammuni-
licensee knows or has reasonable cause to
(B) any person engaged in the business of
tion to any person other than a licensed im-
believe that the purchase or possession would
repairing such firearms or of making or fit-
porter, licensed manufacturer, or licensed
not be in violation of such State or local law.
ting special barrels, stocks, or trigger mecha-
dealer, except that-
"(3) any firearm to any person who the
nisms to firearms or (C) any person who is a
"(A) this paragraph shall not be held to
licensee knows or has reasonable cause to
pawnbroker. The term 'licensed dealer' means
preclude a licensed importer, licensed manu-
believe does not reside in (or if the person
any dealer who is licensed under the provi-
facturer, or licensed dealer from returning a
is a corporation or other business entity, does
sions of this chapter.
firearm or replacement firearm of the same
not maintain a place of business in) the
'(12) The term 'pawnbroker' means any
kind and type to a person from whom it was
State in which the licensee's place of busi-
person whose business or occupation includes
received;
ness is located.
the taking or receiving, by way of pledge or
"(B) this paragraph shall not be held to
"(4) to any person any destructive device,
pawn, of any firearm or ammunition as se-
preclude a licensed importer, licensed manu-
machine gun (as defined in section 5848 of
curity for the payment or repayment of
facturer, or licensed dealer from depositing
the Internal Revenue Code of 1954), short-
money.
a firearm for conveyance in the mails to any
barreled shotgun, or short-barreled rifle, ex-
"(13) The term 'indictment' includes an
officer, employee, agent, or watchman who,
cept as specifically authorized by the Secre-
indictment or an information in any court
pursuant to the provisions of section 1715
tary consistent with public safety and neces-
under which a crime punishable by imprison-
of title 18 of the United States Code, is
sity.
ment for a term exceeding one year may be
eligible to receive through the mails pistols,
(5) any firearm or ammunition to any
prosecuted.
revolvers, and other firearms capable of being
person unless the licensee notes in his re-
'(14) The term 'fugitive from justice'
concealed on the person, for use in connection
cords required to be kept pursuant to section
means any person who has fled from any State
with his official duty;
923 of this chapter, the name, age, and place
or possession to avoid prosecution for a crime
"(C) nothing in this paragraph shall be
of residence of such person if the person is
or to avoid giving testimony in any criminal
construed as applying in any manner in the
an individual, or the identity and principal
proceeding.
District of Columbia, the Commonwealth of
and local places of business of such person
"(15) The term 'antique firearm' means
Puerto Rico, or any possession of the United
if the person is a corporation or other busi-
any firearm not designed or redesigned for
States differently than it would apply if the
ness entity.
using rim fire or conventional center fire
District of Columbia, the Commonwealth of
Paragraphs (1), (2), (3) and (4) of this sub-
ignition with fixed ammunition and manu-
Puerto Rico, or the possession were in fact
section shall not apply to transactions be-
factured in or before 1898 (including any
a State of the United States.
tween licensed importers, licensed manufac-
matchlock, flintlock, percussion cap, or simi-
(3) for any person, other than a licensed
turers, and licensed dealers.
lar early type of ignition system or replica
importer, licensed manufacturer, or licensed
"(c) It shall be unlawful for any licensed
thereof, whether actually manufactured be-
dealer to transport into or receive in the
importer, licensed manufacturer, or licensed
fore or after the year 1898) and also any
State where he resides (or if the person is a
dealer to sell or otherwise dispose of any fire-
firearm using fixed ammunition manufac-
corporation or other business entity, in
arms or ammunition to any person, knowing
tured in or before 1898, for which ammuni-
which he maintains a place of business) any
or having reasonable cause to believe that
tion is no longer manufactured in the United
firearm purchased or otherwise obtained by
such person is a fugitive from justice or is
States and is not readily available in the
him outside that State.
under indictment or has been convicted in
ordinary channels of commercial trade.
"(4) for any person, other than a licensed
any court of a crime punishable by impris-
(16) The term 'ammunition' means am-
importer, licensed manufacturer, or licensed
onment for a term exceeding one year. This
munition or cartridge cases, primers, bullets,
dealer, to transport in interstate or foreign
subsection shall not apply with respect to
or propellant powder designed for use in any
commerce any destructive device, machine-
sale or disposition of a firearm or ammuni-
firearm.
gun (as defined in section 5848 of the Inter-
tion to a licensed importer, licensed manu-
"(17) The term 'Secretary' or 'Secretary
nal Revenue Code of 1954), a short-barreled
facturer, or licensed dealer who pursuant to
of the Treasury' means the Secretary of the
shotgun, or short-barreled rifle, except as
subsection (b) of section 925 of this chapter
Treasury or his delegate.
specifically authorized by the Secretary con-
is not precluded from dealing in firearms or
"(b) As used in this chapter-
sistent with public safety and necessity.
ammunition, or to a person who has been
"(1) The term 'firearm' shall not include
"(5) for any person other than a licensed
granted relief from disabilities pursuant to
an antique firearm.
importer, licensed manufacturer, or licensed
subsection (c) of section 925 of this chapter.
(2) The term 'destructive device' shall not
dealer, to transfer, sell, trade, give, trans-
"(d) It shall be unlawful for any person
include-
port, or deliver any firearm to any person
knowingly to deliver or cause to be delivered
"(A) a device which is neither designed
(other than a licensed importer, licensed
to any common or contract carrier for trans-
nor redesigned nor used nor intended for use
importer, licensed manufacturer, or licensed
portation or shipment in interstate or for-
as a weapon; or
dealer) who the transferor knows or has rea-
eign commerce, to persons other than li-
"(B) any device, although originally
sonable cause to believe resides in any State
censed importers, licensed manufacturers or
designed as a weapon, which is redesigned
other than that in which the transferor
licensed dealers, any package or other con-
SO that it may be used solely as a signaling,
resides (or in which his place of business is
tainer in which there is any firearm or am-
linethrowing, safety or similar device; or
located if the transferor is a corporation
munition without written notice to the car-
"(C) any shotgun other than a short-bar-
or other business entity).
rier that such firearm or ammunition is
reled shotgun; or
"This paragraph shall not apply to trans-
being transported or shipped.
"(D) any nonautomatic rifle (other than
actions between licensed importers, licensed
"(e) It shall be unlawful for any common
a short-barreled rifle) generally recognized
manufacturers, and licensed dealers.
or contract carrier to transport or deliver
or particularly suitable for use for the hunt-
(6) for any person in connection with the
in interstate or foreign commerce any fire-
ing of big game; or
acquisition or attempted acquisition of any
arm or ammunition with knowledge or rea-
(E) surplus obsolete ordnance sold,
firearm or ammunition from a licensed im-
sonable cause to believe that the shipment,
loaned, or given by the Secretary of the Army
porter, licensed manufacturer, or licensed
transportation, or receipt thereof would be
pursuant to the provisions of sections 4684
dealer, knowingly to make any false or fic-
in violation of the provisions of this chapter.
(2), 4685, or 4686 of title 10, United States
titious oral or written statement or to furn-
Code; or
ish or exhibit any false or fictitious or mis-
"(f) It shall be unlawful for any person
"(F) any other device which the Secretary
represented identification, intended or likely
who is under indictment or who has been
to deceive such importer, manufacturer, or
convicted in any court of a crime punishable
finds is not likely to be used as a weapon:
dealer with respect to any fact material to
by imprisonment for a term exceeding one
(3) The term 'crime punishable by im-
prisonment for a term exceeding one year'
the lawfulness of the sale or other disposition
year, or who is a fugitive from justice, to ship
shall not include any Federal or State of-
of such firearm or ammunition under the
or transport any firearm or ammunition in
fenses pertaining to antitrust violations, un-
provisions of this chapter.
interstate or foreign commerce.
fair trade practices, restraints of trade, or
"(b) It shall be unlawful for any licensed
"(g) It shall be unlawful for any person
other similar offenses relating to the regula-
importer, licensed manufacturer, or licensed
who is under indictment or who has been
tion of business practices as the Secretary
dealer to sell or deliver-
convicted in any court of a crime punishable
may by regulation designate.
"(1) any firearm or ammunition to any
by imprisonment for a term exceeding one
individual who the licensee knows or has
year, or is a fugitive from justice, to receive
922. Unlawful acts
reasonable cause to believe is less than
any firearm or ammunition which has been
"(a) It shall be unlawful--
eighteen years of age and, if the firearm or
shipped or transported in interstate or for-
"(1) for any person, except a licensed im-
ammunition is other than a shotgun or rifle,
eign commerce.
porter, licensed manufacturer, or licensed
or ammunition for a shotgun or rifile, to any
"(h) It shall be unlawful for any person
dealer, to engage in the business of import-
individual who the licensee knows or has
to transport or ship in interstate or foreign
Reproduced at the Richard Nixon Presidential Library and Museum
S7070
CONGRESSIONAL RECORD - SENATE
June 12, 1968
commerce, any stolen firearm or stolen am-
fee returned to the applicant if the Secre-
or imprisoned not more than five years, or
munition, knowing or having reasonable
tary, after notice and opportunity for hear-
both.
cause to believe the same to have been
ing, finds that-
(b) Whoever, with intent to commit
stolen.
"(1) the applicant is under twenty-one
therewith an offense punishable by imprison-
"(i) It shall be unlawful for any person to
years of age; or
ment for a term exceeding one year, or with
receive, conceal, store, barter, sell, or dispose
"(2) the applicant (including in the case
knowledge or reasonable cause to believe that
of any stolen firearm or stolen ammunition,
of a corporation, partnership, or association,
an offense punishable by imprisonment for
or pledge or accept as security for a loan any
any individual possessing directly or indi-
a term exceeding one year is to be com-
stolen firearm or stolen ammunition, moving
rectly, the power to direct or cause the di-
mitted therewith, ships, transports, or re-
as or which is a part of or which constitutes
rection of the management and policies of
ceives a firearm or any ammunition in inter-
interstate or foreign commerce, knowing or
the corporation, partnership, or association)
state or foreign commerce shall be fined not
having reasonable cause to believe the same
is prohibited from transporting, shipping, or
more than $10,000 or imprisoned not more
to have been stolen.
receiving firearms or ammunition in inter-
than ten years, or both.
"(j) It shall be unlawful any person
state or foreign commerce under the provi-
"(c) Any firearm or ammunition involved
knowingly to transport, ship, or receive, in
sions of this chapter; or is, by reason of
in, or used or intended to be used in, any
interstate or foreign commerce, any fire-
his business experience, financial standing,
violation of the provisions of this chapter,
arm the importer's or manufacturer's serial
or trade connections, not likely to commence
or a rule or regulation promulgated there-
number of which has been removed, oblit-
business operations during the term of the
under, or violation of any other criminal law
erated, or altered.
annual license applied for or to maintain
of the United States, shall be subject to sei-
"(k) It shall be unlawful for any person
operations in compliance with this chapter;
zure and forfeiture and all provisions of the
knowingly to import or bring into the United
or
Internal Revenue Code of 1954 relating to the
States or any possession thereof any firearm
"(3) the applicant has willfully violated
seizure, forfeiture, and disposition of fire-
or ammunition, except as provided in sub-
any of the provisions of this chapter or
arms, as defined in section 5848(1) of said
section (d) of section 925 of this chapter; and
regulations issued thereunder; or
Code, shall, so far as applicable, extend to
it shall be unlawful for any person knowingly
"(4) the applicant has willfully failed to
seizures and forfeitures under the provisions
to receive any firearm or ammunition which
disclose any material information required,
of this chapter.
has been imported or brought into the United
or has made any false statement as to any
"§ 925. Exceptions: relief from disabilities
States or any possession thereof in violation
material fact, in connection with his appli-
of the provisions of this chapter.
cation; or
"(a) The provisions of this chapter shall
"(1) It shall be unlawful for any licensed
"(5) the applicant does not have, or does
not apply with respect to the transportation,
importer, licensed manufacturer, or licensed
not intend to have or to maintain, in a
shipment, receipt, or importation of any fire-
dealer knowingly to make any false entry in,
State or possession, business premises for
arm or ammunition imported for, or sold or
or to fail to make appropriate entry in or
the conduct of the business.
shipped to, or issued for the use of the United
to fail to properly maintain, any record
"(d) Each licensed importer, licensed man-
States or any department, or agency thereof;
which he is required to keep pursuant to sec-
ufacturer, and licensed dealer shall main-
or any State or possession, or any department,
tion 923 of this chapter or regulations
tain such records of importation, production,
agency, or political subdivision thereof.
promulgated thereunder.
shipment, receipt, and sale or other disposi-
(b) A licensed importer, licensed manu-
tion, of firearms and ammunition at such
facturer, or licensed dealer who is indicted
"$ 923 Licensing
place, for such period and in such form as
for a crime punishable by imprisonment for
"(a) No person shall engage in business as
the Secretary may by regulations prescribe.
a term exceeding one year, may, notwith-
a firearms or ammunition importer, manu-
Such importers, manufacturers, and dealers
standing any other provisions of this chap-
facturer, or dealer until he has filed an appli-
shall make such records available for inspec-
ter, continue operations pursuant to his ex-
cation with, and received a license to do so
tion at all reasonable times, and shall sub-
isting license (provided that prior to the
from, the Secretary. The application shall
mit to the Secretary such reports and in-
expiration of the term of the existing li-
be in such form and contain such informa-
formation with respect to such records and
cense timely application is made for a new
tion as the Secretary shall by regulation pre-
the contents thereof as he shall by regula-
license) during the term of such indictment
scribe. Each applicant shall be required to
tions prescribe. The Secretary or his dele-
and until any conviction pursuant to the
pay a fee for obtaining such a license, a
gate may enter during business hours the
indictment becomes final.
separate fee being required for each place
premises (including places of storage) of any
"(c) A person who has been convicted of
in which the applicant is to do business, as
firearms or ammunition importer, manufac-
a crime punishable by imprisonment for a
follows:
turer, or dealer for the purpose of inspecting
term exceeding one year (other than a crime
"(1) if a manufacturer-
or examining any records or documents re-
involving the use of a firearm or other
"(A) of destructive devices and/or ammu-
quired to be kept by such importer or man-
weapon or a violation of this chapter or of
nition for destructive devices a fee of $1,000
ufacturer or dealer under the provisions of
the National Firearms Act) may make appli-
per year;
this chapter or regulations issued pursuant
cation to the Secretary for relief from the
"(B) of firearms other than destructive de-
thereto, and any firearms or ammunition
disabilities under this chapter incurred by
vices a fee of $500 per year;
kept or stored by such importer, manufac-
reason of such conviction, and the Secretary
"(C) of ammunition for firearms other
turer, or dealer at such premises. Upon the
may grant such relief if it is established to
than destructive devices a fee of $10 per year.
request of any State, or possession, or any
his satisfaction that the circumstances re-
"(2) If an importer-
political subdivision thereof, the Secretary
garding the conviction, and the applicant's
"(A) of destructive devices and/or am.
munition for destructive devices a fee of
of the Treasury may make available to such
record and reputation, are such that the ap-
State, or possession, or any political subdi-
plicant will not be likely to conduct his
$1,000 per year;
vision thereof, any information which he
operations in an unlawful manner, and that
"(B) of firearms other than destructive
devices and/or ammunition for firearms
may obtain by reason of the provisions of
the granting of the relief would not be con-
other than destructive devices a fee of $500
this chapter with respect to the identifica-
trary to the public interest. A licensee con-
tion of persons within such State, or posses-
ducting operations under this chapter, who
per year.
sion, or political subdivision thereof, who
makes application for relief from the dis-
"(3) If a dealer-
have purchased or received firearms or am-
abilities incurred under this chapter by rea-
"(A) in destructive devices and/or ammu-
nition for destructive devices a fee of $1,000
munition, together with a description of such
son of such a conviction, shall not be barred
firearms or ammunition.
by such conviction from further operations
per year;
"(B) who is a pawnbroker dealing in fire-
"(e) Licenses issued under the provisions
under his license pending final action on an
arms other than destructive devices or am-
of subsection (b) of this section shall be
application for relief filed pursuant to this
munition for firearms other than destruc-
kept posted and kept available for inspec-
section. Whenever the Secretary grants relief
tion on the business premises covered by
to any person pursuant to this section he
tive devices a fee of $250 per year;
the license.
shall promptly publish in the Federal Regis-
"(C) who is not a dealer in destructive
devices or a pawnbroker, a fee of $10 per
"(f) Licensed importers and licensed man-
ter notice of such action, together with the
ufacturers shall identify, in such manner as
reasons therefor.
year.
the Secretary shall by regulations prescribe,
"(d) The Secretary may authorize a fire-
"(b) Upon the filing of a proper applica-
each firearm imported or manufactured by
arm or ammunition to be imported or
tion and payment of the prescribed fee, the
such importer or manufacturer.
brought into the United States or any pos-
Secretary may issue to the applicant the
session thereof if the person importing or
appropriate license which, subject to the
"§ 924. Penalties
bringing in the firearm or ammunition es-
provisions of this chapter and other appli-
"(a) Whoever violates any provision of this
tablishes to the satisfaction of the Secretary
cable provisions of law, shall entitle the
chapter or knowingly makes any false state-
that the firearm or ammunition--
licensee to transport, ship, and receive fire-
ment or representation with respect to the
"(1) is being imported or brought in for
arms and ammunition covered by such li-
information required by the provisions of
scientific or research purposes, or is for
cense in interstate or foreign commerce dur-
this chapter to be kept in the records of a
use in connection with competition or train-
ing the period stated in the license.
person licensed under this chapter, or in ap-
ing pursuant to chapter 401 of title 10 of
(c) Any application submitted under sub-
plying for any license or exemption or relief
the United States Code; or
sections (a) and (b) of this section shall be
from disability under the provisions of this
"(2) is an unserviceable firearm, other
disapproved and the license denied and the
chapter, shall be fined not more than $5,000
than a machinegun as defined in section
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD - SENATE
7071
or
5848(2) of the Internal Revenue Code of
The letter, presented by Mr. DODD, is as
The proposed bill is substantially similar
1954 (not readily restorable to firing con-
follows:
to a number of bills sent to the Congress by
dition), imported or brought in as a curio
OFFICE OF THE ATTORNEY GENERAL,
the President and considered by both cham-
or museum piece; or
"(3) is of a type that does not fall within
Washington, D.C.
bers during the past two Congresses. These
the definition of a firearm as defined in sec-
The VICE PRESIDENT,
include S. 1592, H.R. 6628 and H.R. 6783 of
tion 5848(1) of the Internal Revenue Code
U.S. Senate,
the 89th Congress, and S. 1-Amendment 90
Washington, D.C.
and H.R. 5384 of the 90th Congress.
of 1954 and is generally recognized as par-
DEAR MR. VICE PRESIDENT: Last week the
The Senate Commerce Committee held two
ticularly suitable for or readily adaptable to
sporting purposes, and in the case of sur-
President wrote to you stating his emphatic
months of hearings on firearms control in
concern that Congress not stop with a "half-
1963 and 1964. The Senate Juvenile Delin-
plus military firearms is a rifle or shotgun;
way measure," or enact a "watered-down ver-
quency Subcommittee held hearings on fire-
or
sion" of a gun control law, but that it "give
arms bills in 1963, and again in 1964, 1965,
"(4) was previously taken out of the United
d
States or a possession by the person who is
America the Gun Control Law it needs." The
and 1967. The House Judiciary Committee
enclosed draft bill would carry out the Presi-
has held hearings on this matter at length
bringing in the firearm or ammunition:
dent's request.
in 1965 and again in 1967.
Provided, That the Secretary may permit the
The proposed bill differs from Title IV of
In light of this extensive background, and
conditional importation or bringing in of a
H.R. 5037, recently passed by this Congress,
at the request of the President, I urge the
firearm or ammunition for examination and
in two principal respects. First, it imposes
Congress to give immediate consideration
testing in connection with the making of a
restrictions on rifles and shotguns parallel to
to this extremely important legislation.
e
determination as to whether the importation
e
those that H.R. 5037 imposes on hand guns.
There must be action now, before the Con-
or bringing in of such firearm or ammuni-
These provisions prohibit mail-order pur-
gress adjourns. While the time is short be-
tion will be allowed under this subsection.
chases, sales to nonresidents, and sales to
fore adjournment, so also is the time short
"§ 926. Rules and regulations
juveniles. Second, the proposed bill includes
for the country to move to control the prin-
"The Secretary may prescribe such rules
provisions to control the interstate ship-
cipal weapon of crime-the gun.
ment of ammunition and the sale of ammu-
Sincerely,
and regulations as he deems reasonably nec-
essary to carry out the provisions of this
nition to juveniles, matters omitted alto-
RAMSEY CLARK,
chapter. The Secretary shall give reasonable
gether in H.R. 5037. Additionally, the draft
Attorney General.
public notice, and afford to interested parties
embodies a few minor technical refinements.
Mr. DODD. Mr. President, I ask unan-
opportunity for hearing, prior to prescribing
By recognizing the Federal responsibility to
control the indiscriminate flow of firearms
imous consent that the names of the
such rules and regulations. Violation of any
and ammunition across State borders, this
Senator from Washington [Mr. MAGNU-
provision of this chapter, or rule or regula-
tion promulgated hereunder, shall be grounds
bill will give States and - local communities
SON], the Senator from Rhode Island
for revocation by the Secretary, upon due no-
the capacity and the incentive to enforce ef-
[Mr. PASTORE], the Senator from New
tice and hearing, of any license issued here-
fectively their own gun control laws. Once
York [Mr. JAVITS], the Senator from
under.
enacted into law, it will ensure that strong
Hawaii [Mr. FONG], the Senator from
local or State laws are not subverted by a
Florida [Mr. SMATHERS], the Senator
"§ 927. Effect on State law
deadly interstate traffic in firearms and am-
"No provision of this chapter shall be con-
munition.
from Connecticut [Mr. RIBICOFF], and
strued as indicating an intent on the part
The President has repeatedly urged Con-
the Senator from Maryland [Mr. BREW-
of the Congress to occupy the field in which
gress to put an end to "mail order murder,"
STER] be added as cosponsors to the bill.
such provision operates to the exclusion of
and to arrest the violence in our nation by
The PRESIDING OFFICER. Without
the law of any State or possession on the
tightening controls over firearms.
objection, it is so ordered.
same subject matter, unless there is a direct
The need for immediate action can no
Mr. TYDINGS. Mr. President, will the
and positive conflict between such provision
longer be ignored. Each year 6,500 murders,
Senator yield?
and the law of the State or possession so
43,000 aggravated assaults, and 60,000 rob-
Mr. DODD. I yield.
that the two cannot be reconciled or con-
beries are committed with firearms. Each day,
sistently stand together.
50 lives-more than one every half-hour-
Mr. TYDINGS. Mr. President, I ask
are destroyed by firearms. Since 1900, three-
unanimous consent that my name may
928. Separability
quarters of a million people have died in the
be added to the list of cosponsors of the
"If any provision of this chapter or the ap-
United States by firearms, more than in all
legislation just proposed by the Senator
plication thereof to any person or circum-
our wars. In 1967 alone, assaults with a gun
from Connecticut.
stance is held invalid, the remainder of the
rose 22%. One out of every 5 assaults is com-
The PRESIDING OFFICER. Without
chapter and the application of such provision
mitted.with a gun. Firearms are used in 58%
objection, it is so ordered.
to other persons not similarly situated or to
of all robberies.
other circumstances shall not be affected
Nor is this solely a problem of hand guns.
Mr. DODD. Mr. President, the Sena-
thereby."
Thirty per cent of the homicides each year
tor from Maryland has been a great
SEC. 4. The administration and enforce-
with firearms are by rifles or shotguns. Be-
strength and a strong supporter in this
ment of the amendment made by this title
tween 1960 and 1966, more than 95% of all
struggle for better gun control legisla-
shall be vested in the Secretary of the Treas-
law enforcement officers killed in the United
tion. I wish to thank him publicly for his
ury.
States were slain with firearms, and one in
help.
SEC. 5. Nothing in this title or amendment
four of these officers was slain by a rifle or a
Mr. TYDINGS. I thank the Senator
made thereby shall be construed as modi-
shotgun. A recent survey of police depart-
from Connecticut.
fying or affecting any provision of-
ments in some 40 cities over a five year period
(a) the National Firearms Act (chapter 53
revealed that during the survey period more
Mr. DODD. Mr. President, I ask that
of the Internal Revenue Code of 1954); or
than 50,000 rifles and shotguns were confis-
the bill lie the desk throughout the
(b) section 414 of the Mutual Security Act
cated from murderers, robbers, juvenile of-
day SO that other Senators who wish to
of 1954 (22 U.S.C. 1934), as amended, re-
fenders, and others engaging in unlawful ac-
do so may add their names as cosponsors.
lating to munitions control; or
tivities. Rifles and shotguns have become the
The PRESIDING OFFICER. Without
(c) section 1715 of title 18, United States
chosen instruments of slaughter for snipers
Code, relating to nonmailable firearms.
objection, it is so ordered.
and assassins. Any truly effective firearms
SEC. 6. The table of contents to "PART I.-
legislation simply must cover long guns as
Mr. FONG. Mr. President, the time
CRIMES" of title 18, United States Code, is
well as hand guns.
for the Congress to enact the strongest
amended by inserting after
So also it is clear that controlling the dis-
possible gun control laws is long, long
"43. False personation
911"
tribution of ammunition is as important as
overdue.
regulating the sale of the firearms which use
a chapter reference as follows:
America can no longer tolerate the easy
it. In previous firearms bills, including S.
access to weapons by immature juveniles,
"44. Firearms
921"
1592 introduced in the last Congress, the
felons, drug addicts, and persons with a
President has urged inclusion of ammuni-
SEC. 7. The Federal Firearms Act (52 Stat.
tion. With an estimated 50 million firearms
record of emotional instability. This Na-
1250; 15 U.S.C. 901-910), as amended, is
now privately owned in the Nation, the con-
tion can no longer fail to enact legisla-
repealed.
trol of the ammunition they fire is crucial to
tion-strong and effective, and compre-
SEC. 8. The provisions of this title shall be-
controlling the abuse of these weapons.
hensive-to control the indiscriminate
come effective one hundred and eighty days
The people of this country have indicated
sale and use of all firearms.
after the date of its enactment; except that
overwhelmingly that they want immediate
STAGGERING TOLL
repeal of the Federal Firearms Act shall not
Federal controls over all kinds of firearms.
in itself terminate any valid license issued
We have debated the issue beyond reason.
The urgency of the need for immediate
pursuant to that Act and any such license
The increasing number of violent crimes
action cannot be overstated or overem-
shall be deemed valid until it shall expire
committed with firearms and the tragic
phasized. The toll that guns take an-
according to its terms unless it be sooner
events of the last few months have made it
nually is a staggering one.
revoked or terminated pursuant to applicable
abundantly clear that Congress must act
Each year, 6,550 murders, 43,000 ag-
provisions of law.
now to help prevent further violence.
gravated assaults, and 60,000 robberies
Reproduced at the Richard Nixon Presidential Library and Museum
7072
CONGRESSIONAL RECORD - SENATE
June 12, 1968
are committed with firearms. Each year,
Figures for our cities told the same
islation $0 urgently required by the
firearms cause some 19,000 deaths and
story.
Nation.
100,000 nonfatal injuries.
During 1965 hearings of the Judiciary
Rifles and shotguns are every 'bit as
Each day, it has been estimated that
Subcommittee on Juvenile Delinquency,
lethal as handguns. They account for a
50 lives-more than one every half-
Attorney General Katzenbach pointed
shocking 30 percent of all gun crimes in
hour-are maimed or destroyed by gun-
out that in Dallas, Tex., and Phoenix,
this country.
men.
Ariz., where firearms regulations are vir-
Between 1960 and 1965, more than 95
Incredibly, more than 200,000 have
tually nonexistent, the percentage of
percent of all law enforcement officers
been killed by privately owned firearms
homicides committed by guns in 1963
killed in this United States were slain by
since 1900 than have died in all wars
was 72 percent in Dallas and 65.9 per-
a rifle or a shotgun.
in which the United States has been in-
cent in Phoenix.
A recent survey conducted by the Sen-
volved. Between 1900 and 1966, guns were.
On the other hand, in cities having
ate Judiciary Subcommittee on Juvenile
responsible for 280,000 murders, 370,000
strong regulations, the figures were
Delinquency, of which I am a member,
suicides, and 145,000 deaths by accident-
markedly lower: Chicago, 46.4 percent;
showed that during the years 1960
a total of more than three-quarters of a
Los Angeles, 43.5 percent; Detroit, 40
through 1965, according to the police
million Americans. In that same period,
percent; Philadelphia 36 percent; New
departments of 40 of our major cities,
from the Spanish-American War to Viet-
York, 25 percent.
including Honolulu, 805 rifles and shot-
nam, American war dead totaled 550,000.
The only Federal laws concerning fire-
guns were confiscated from juveniles,
In 1967 alone, 59 percent of all mur-
arms-the National Frearms Act of 1934,
1,210 rifles and shotguns were used to
ders were committed with guns-the
and the Federal Firearms Act of 1938-
commit murder, 2,908 rifle and shotgun
highest percentage ever recorded; ag-
have been aptly described by one com-
robberies were committed, 4,179 assaults
gravated assaults with a gun rose by 22
mentator as "antiquated and impotent
were committed with shotguns and rifles,
percent; and armed robbery increased by
legal travesties."
23,130 rifles and shotguns were confis-
10 percent. One out of every five assaults
Even where strong State laws and mu-
cated from persons involved in illegal
is committed with a gun, and 58 percent
nicipal ordinances on firearms exist,
activities, and 4,478 long guns were seized
of all robberies involved the use of fire-
these laws and ordinances are violated
on illegal weapons charges. A total of
arms.
wholesale because of the total absence of
50,745 cases were ones in which long guns
The annual rate of murder by firearms
effective Federal laws. It is astonishingly
were used in crimes of violence or other
for this country is astronomic when com-
easy for any resident of a city or State
illegal activities.
pared to the rates for other civilized na-
having strict gun laws to circumvent the
According to the FBI Uniform Crime.
tions of the world.
laws and purchase a weapon-by mail-
Report for 1966, 1,747 persons were mur-
According to Library of Congress fig-
order sale, or by simply travelling to a
dered in the United States with rifles and
ures, the American homicide rate for
neighboring State with a weak or no law
shotguns that year.
1963 was nearly three for every 100,000
and buying a firearm over the counter.
In a report dated August 11, 1967, the
population-a rate 55 times the rate for
In short, strong local and State laws
Director of the Alcohol and Tobacco Tax
Great Britain, 25 times the rate for Ger-
are subverted with the greatest of ease
Division wrote that the strongest argu-
many, 55 times the rate for Japan, and
by the deadly interstate traffic in fire-
ment for including long guns in a fire-
90 times the rate for the Netherlands.
arms.
arms control law is the fact that they
During the early 1960's, the average
No one can make even a rough guess at.
can be, frequently are, converted into
number of firearm homicides per year
how many guns are in private hands in
concealable weapons for criminal use.
for Great Britain and Japan was 30-a
this country. Estimates have ranged
We have reviewed 200 recent firearms vio-
figure roughly equivalent to the number
from a low of 50 million to a high of 200
lation case reports--
million.
of firearm murders in our country in 2
It is known, however, that each year
He said-
days. During the period 1960 to 1963, the
2 million domestically manufactured
and found that there were 98 sawed-off shot-
Netherlands did not have a single case of
murder by firearms.
guns and 1 million imported guns are
guns and 14 sawed-off rifles out of a total
sold. In other words, in the course of
of 207 guns involved in these cases.
LAWS INEFFECTIVE
each working day, about 10,000 guns
It seems obvious to me that if strict
In this country, according to one esti-
reach private hands.
controls are imposed on handguns with-
mate, some 20,000 laws deal with the
These are rather frightening statistics.
out imposing similar restrictions on long
manufacture, sale, and use of firearms.
HANDGUN CONTROL VERY INADEQUATE
guns, the criminal element will continue
But none are effective.
In 41 States and the District of Colum-
The Congress has now taken the first
to have ready access to concealable weap-
bia, one can buy either a rifle or a pistol
step in the right direction. By approving
ons by the simple expedient of purchas-
without a license of any kind; in seven
Federal controls on the Interstate sale
ing an uncontrolled long gun and con-
States the law requires a permit to buy
and distribution of handguns, we have
verting it into a handgun.
brought under some degree of regulation
Rifles and shotguns have become the
a handgun; one State, South Carolina,
the traffic in pistols--weapons designed
chosen instrument of murder for snipers
prohibits the sale of handguns; and two
primarily for the purpose of killing or
and assassins.
States, Hawaii and New Jersey, now re-
quire the registration of all guns by de-
maiming human beings. To this limited
Our law enforcement authorities across
scription, serial number, and ownership.
extent, we have advanced the safety of
the Nation-including the chiefs of
Extremely compelling is the fact that
our citizens.
police of our biggest cities-have in-
in States which have strong gun control
Handgun control represents the least
plored the Congress to enact legislation
laws, homicides committed with guns are
the Congress can do to meet the pressing
to control the long gun.
less common than in States with no law
public interest to protect against unre-
And now the President has once again
or which have ineffective controls. For
stricted gun traffic in this country, and
appealed to the Congress for such
example: in four States having strong
if just this much firearms regulatory leg-
legislation.
gun control laws, the proportion of mur-
islation finally becomes law, it will be the
COSPONSOR ADDITIONAL FIREARMS LEGISLATION
ders committed in the last 4 years, ac-
first time in 30 years that any such law
For all the reasons I have cited, and
cording to the FBI report, was well below
has been adopted.
for the overriding reason that the public
the national average of 57 percent. In
But it is not nearly enough.
interest demands it, I have cosponsored
Pennsylvania, firearm murders were 43
When the Senate last month debated
legislation to control the sale and dis-
percent of the total; in New Jersey, 39
the handgun-control title of the crime
tribution of rifles and shotguns-(S. 3604,
percent; in Massachusetts, 35 percent;
control bill, I strongly urged--as I have
S. 3605, and S. 3633).
in New York, 32 percent. On the other
ever since strict comprehensive firearms
As I have done so repeatedly in the
hand, States with minimal controls or no
control was first proposed in 1962-that
past, I once again join my distinguished
such law had much higher rates; Col-
Federal regulation be extended to cover
colleague from Connecticut [Mr. DODD]-
orado, 59 percent; Louisiana, 62 percent;
long guns and shotguns. I feel very, very
who for so long has ably championed
Arizona, 66 percent; Montana, 68 per-
strongly that the. handgun section of
this cause in the Senate-in strongly
cent; Texas, 69 percent; and Nebraska,
the anticrime bill falls far short of the
supporting efforts to pass a long gun con-
70 percent.
strong and effective firearms control leg-
trol measure.
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD - SENATE
$7073
In addition to this bill, I am also CO-
lation simply must cover long guns as
dividual-permeates the very fabric of
sponsoring the administration's long
well as hand guns, provide for control
our national existence.
gun control measure. Besides providing
of ammunition sales, and require na-
Consonant with this ethic, and in keep-
for long gun regulations, the adminis-
tional registration of all weapons.
ing with our heritage, these bills should
tration bill would control the interstate
None of these proposals imposes any
be enacted into law-and it should be
shipment of ammunition and its sale to
inconvenience whatsoever on hunters
done with urgency and with expedition.
juveniles.
and sportsmen. They do, however, frus-
Regulating the interstate flow of am-
trate the juveniles, the felons, and the
fugitives who can today, with impunity
ORDER OF BUSINESS
munition, I am convinced, should be
every bit as stringent as firearms con-
and anonimity, buy firearms whenever
Mr. HAYDEN. Mr. President, will the
trols. These provisions are rightly in-
and in whatever quantity they may
Senator yield?
cluded in the bill.
desire.
Mr. TYDINGS. I yield to the Senator
While these proposals would go a long
The people of this Nation have given
from Arizona.
way to control the future sale of fire-
the Congress a very clear mandate for
arms, there still remains the problem of
the immediate enactment of precisely
the millions of weapons which are now
legislation I have today cosponsored.
ORDER PROVIDING FOR INCREASE
extant in the land-possibly many thou-
Two public opinion polls in the last
IN COMPENSATION OF OFFICERS
sands of them in the hands of criminals,
2 years underline this fact most em-
AND EMPLOYEES OF THE SENATE
drug addicts, juveniles, the mentally un-
phatically.
EFFECTIVE JULY 1, 1968
stable, and political extremists.
In September 1966, the Gallup poll re-
Mr. HAYDEN. Mr. President, acting
I am therefore cosponsoring a bill to
ported 68 percent of all Americans fa-
in my capacity as President pro tempore
require the compulsory Federal regis-
vored legislation making a police permit
and under authority vested by section
tration of all firearms. Like all civilized
a prerequisite to any firearm purchase.
212 of the Federal Salary Act of 1967, I
nations of the world, America must make
The Harris poll released April 23, 1968,
have on this date signed an order provid-
registration of all guns mandatory.
showed that public support of such a
ing for an increase in the compensation
In summary, the bill would provide as
regulation had mounted to 71 percent-
of officers and employees of the Senate,
follows:
nearly three out of every four Americans
effective July 1, 1968. I send to the desk a
First, it calls for compulsory Federal
favoring legislation to control the sales
copy of this order and I ask unanimous
registration of all firearms under ad-
of firearms "such as making all persons
consent that it be printed at this point
ministrative machinery to be set up by
register all gun purchases no matter
in the RECORD.
the Secretary of the Treasury.
where they buy them."
Second, it exempts those States which
Quite significantly, both polls indi-
There being no objection, the order
have or will have laws requiring com-
cated that most gunowners themselves
was ordered to be printed in the RECORD,
as follows:
pulsory registration.
support Federal firearms control, includ-
U.S. SENATE,
Third, it establishes a nominal regis-
ing registration. Gallup reported 56 per-
OFFICE OF THE PRESIDENT PRO TEMPORE.
tration fee of one dollar to cover the
cent of all gunowners favored such a
By virtue of the authority vested in me by
cost of administering the registration
law; Harris registered support by a bet-
section 212 of the Federal Salary Act of
program.
ter than 2-to-1 margin, 65 to 31 percent.
1967 (81 Stat. 634) it is hereby
Fourth, it provides for a period of 90
The International Association of
Ordered, That (a) (1) effective July 1, 1968,
days after the law is enacted before it
Chiefs of Police, representing law en-
the annual rate of gross compensation of
becomes effective. This will make it pos-
forcement officers from across the Na-
each officer or employee whose compensation
is disbursed by the Secretary of the Senate
sible to set up the necessary adminis-
tion, have overwhelmingly endorsed a
(i) shall be increased by 5.85 per centum,
trative machinery before registration
strong and comprehensive law. So have
and (ii) as so increased, shall be adjusted
begins.
the American Bar Association, the Na-
to the nearest multiple of $199. As used in
Fifth, it provides for a registration
tional Association of Citizens Crime
this subsection, the term "officer" does not
period that will commence 90 days after
Commissions, and the President's Com-
include a Senator.
its enactment and will extend for a pe-
mission on Law Enforcement and Ad-
(2) No annual rate of gross compensa-
riod of 6 months thereafter.
ministration of Justice.
tion which is $28,000 or more shall be in-
Sixth, it grants an amnesty from
These bills, substantially similar to
creased under this subsection, and no an-
prosecution under this act to all per-
measures introduced in past sessions of
nual rate of gross compensation shall be
increased under this subsection to an amount
sons who come forward to turn in their
Congress, have been the subject of very
in excess of $28,000.
firearms before the close of the regis-
extensive hearings since 1963. The Sen-
(b) In any case in which the rate of
tration period.
ate Commerce Committee held 2 months
compensation of any officer, employee, or
Seventh, it establishes a penalty of a
of hearings on firearms control in 1963
position, or class of officers, employees, or
maximum of up to 2 years in prison and
and 1964. The Juvenile Delinquency
positions, the compensation for which is dis-
$2,000 fine, or both, for those who are
Subcommittee held lengthy hearings on
bursed by the Secretary of the Senate, or
found in possession of unregistered fire-
firearms bills in 1963, and again in 1964,
any minimum or maximum rate with respect
arms after the close of the registration
1965, and 1967.
to such officer, employee, position, or class
period.
is referred to in or provided by statute or
I call upon the Senate leadership to
Senate resolution, such statutory provision
It is evident from this outline that no
assign these proposals its highest prior-
or resolution shall be deemed to refer to the
law-abiding citizen who wishes to have
ity; the Senate should give its immedi-
rate which an officer or employee subject
a firearm would be barred from its pur-
ate consideration to them; the Congress
to the provisions of subsection (a) receiv-
chase under this bill, which is patterned
must enact them before we adjourn.
ing such rate immediately prior to the effec-
after the firearms registration laws of
Enactment of any one or even all of
tive date of the increase provided by such
other civilized nations.
subsection would be entitled (without re-
these measures would not, of course, pre-
Certainly, firearms registration re-
gard to such statutory provision or resolu-
vent all murders for all time; nor would
tion) to receive on and after such date.
quirements are no more objectionable,
even the most stringent firearms regula-
(c) The annual rate of gross compensa-
and no less necessary, than motor ve-
tions end the incidence of all other
tion. of each employee in the office of a
hicle registration and the licensing of
crimes.
Senator shall be adjusted, effective on July
motor vehicle operators.
The senseless killings and assaults by
1, 1968, to the Iowest multiple of $199 which
The bill is clearly an eminently rea-
firearms now plaguing the Nation would,
is not lower than the rate such employee
sonable one which is, at the same time,
however, most assuredly be drastically
was receiving immediately prior thereto, ex-
simple and workable.
cept that the foregoing provisions of this
reduced. Many lives, I am sure, would be
subsection shall not apply in the case of
BILLS SHOULD HAVE HIGHEST PRIORITY
saved.
any employee if on or before June 30, 1968,
Mr. President, these proposals-tough,
The ethic upon which our Republic
the Senator by whom such employee is em-
comprehensive, and feasible-are the
was founded is clear in rendering the life
ployed notifies the disbursing office of the
very bills I have been calling for all
or death of any one of its citizens a mat-
Senate in writing that he does not wish such
these years.
provisions to apply to such employee. In any
ter of the greatest significance. Our
case in which, at the expiration of the time
It has long been very evident to me
heritage of the sanctity of human life-
within which a Senator may give notice
that any truly effective firearms legis-
the transcendent concern for the in-
under this subsection, such Senator is de-
Reproduced at the Richard Nixon Presidential Library and Museum
S7074
CONGRESSIONAL RECORD SENATE
June 12, 1968
ceased, such notice shall be deemed to have
adjusted, (B) the annual rates of gross com-
been given.
pensation of the seven Reporters of Debates,
Law enforcement officials throughout
(d) The table contained in section 105(d)
the Deputy Sergeant at Arms, the Adminis-
the Nation are demanding-for society's
(1) of the Legislative Branch Appropriation
trative Assistant to the Sergeant at Arms, the
protection and their own-strong gun
Act, 1968, as amended, shall be deemed on
Assistant Financial Clerk, and the Director,
control. Cheif Thomas Reddin, of Los
and after July 1, 1968, to read as follows:
Recording Studio, and (C) the maximum
Angeles, said in the aftermath of last
"$210,940 if the population of his State
rates of gross compensation authorized for
week's tragedy, that we must have gun
is less than 3,000,000;
the present incumbent of the office of Sec-
control.
"$224,870 if such population is 3,000,000
retary for the Majority and for the Assistant
but less than 4,000,000;
J. Edgar Hoover has written:
Secretary for the Majority, the Assistant Sec-
"$236,810 if such population is 4,000,000
retary for the Minority, the Research Assist-
There is no doubt in my mind that the
but less than 5,000,000;
ant to the Majority Leader, the Research As-
easy accessibility of firearms is responsible
"$247,755 if such population is 5,000,000
sistant to the Minority Leader, the Assistant
for many killings, both impulse and pre-
but less than 7,000,000;
to the Majority and the Assistant to the Mi-
mediated. The statistics are grim and real-
"$259,695 if such population is 7,000,000
nority in the Office of the Secretary, the As-
istic. Strong measures must be taken, and
but less than 9,000,000;
sistant Parliamentarian, the Legislative
promptly, to protect the public.
"$273,625 if such population is 9,000,000
Clerk, and the Journal Clerk, shall be in-
Quinn Tamm, director of the Interna-
but less than 10,000,000;
creased on the first day of the month fol-
tional Association of Chiefs of Police has
"$287,555 if such population is 10,000,000
lowing the effective date of such increase in
written:
but less than 11,000,000;
the rate for positions in level V by 5 per
"$301,485 if such population is 11,000,000
centum. Such rates, as increased under clause
Law-abiding citizens and the police are
but less than 12,000,000;
(ii), shall be adjusted to the nearest multi-
tired of living in a country which is becom-
"$315,415 if such population is 12,000,000
ple of $199.
ing a veritable armed camp, erupting too
but less than 13,000,000;
(b) If the annual rate of basic pay for
frequently into violence, bringing death and
"$329,345 if such population is 13,000,000
positions in level V of the Executive Sched-
destruction by firearms to innocent citi-
but less than 15,000,000;
ule under section 5316 of title 5, United
zens
The ease with which any person
"$343,275 if such population is 15,000,000
States Code, is increased effective on or be-
can acquire firearms
is a significant
but less than 17,000,000;
fore May 31, 1969, to $30,000 or more, the
factor in the prevalence of lawlessness and
"$358,200 if such population is 17,000,000
figures "$20,099", "$24,676", "$25,870", and
violent crime in the United States.
or more.".
"$27,064" contained in subsection (g) of the
first section shall be deemed on and after
The Director of the FBI, the Presi-
(e) The limitation on gross rate per hour
per person provided by applicable law on
the first day of the month following the ef-
dent's Commission on Law Enforcement
July 1, 1968, with respect to the folding of
fective date of such increase to refer to the
and the Administration of Justice, the
speeches and pamphlets for the Senate is
figures "$21,492", "$26,069", "$27,263", and
International Association of Police
hereby increased, effective on such date, by
"$28,457", respectively.
Chiefs, the National Council on Crime
5.85 per centum. The amount of such in-
(c) If the annual rate of basic pay for po-
and Delinquency, the American Bar As-
crease shall be computed to the nearest
sitions in level V of the Executive Schedule
sociation-all of these organizations
cent, counting one-half cent and over as a
under section 5316 of title 5, United States
and many more-as well as 85 percent of
whole cent. The provisions of subsection (a)
Code, is increased effective on or before
shall not apply to employees whose com-
May 31, 1969, to $30,000 or more, each amount
the American people are demanding an
pensation is subject to such limitation, or
contained in the table referred to in sub-
end to our firearms anarchy.
to employees referred to in the last proviso
section (d) of the first section shall be in-
I ask my colleagues-Can we really af-
in the second paragraph under the heading
creased on the first day of the month follow-
ford to wait? Must we endure more trage-
"SENATE" in the Second Deficiency Appro-
ing the effective date of such increase in the
dies, more weeks like last week before
priation Act, 1948.
rate for positions in level V by $6,965.
we act?
(f) The figure "$188" contained in sec-
CARL HAYDEN,
The bill I am introducing today-the
tion 105 (1) of the Legislative Branch
President pro tempore.
Gun Crime Prevention Act of 1968-will
Appropriation Act, 1968, as amended, shall
JUNE 12, 1968.
provide, as recommended by the Presi-
be deemed on and after July 1, 1968, to refer
to the figure "$199".
dent's Crime Commission, for registra-
(g) Except as provided in section 2(b) of.
S. 3634-INTRODUCTION OF NATION-
tion of every firearm in the United
this Order, whenever the figures "$1,128",
AL GUN CRIME PREVENTION ACT
States-a simple registration. It will also
"$6,392", "$11,092", "$11,280", "$14,852",
OF 1968
require a license for the purchase or pos-
"$15,040", "$16,356", "$16,544", "$18,988",
session of any firearm and ammunition
"$23,312", "$24,440", and "$25,568" appear in
Mr. TYDINGS. Mr. President, I am
in the United States.
section 105 of such Act, they shall be
today introducing, for appropriate refer-
This legislation is specifically struc-
deemed on and after July 1, 1968, to refer
ence, a bill to assist State and local law
to the figures "$1,194", "$6,766", "$11,741",
tured to encourage the States to provide
enforcement agencies in preventing and
"$11,940", "$15,721", "$15,920", "$17,313",
these protections for the public, but if
solving gun crimes. The bill is entitled
"$17,512", "$20,099", "$24,676", "$25,870",
the States fail to act, then the Federal
the "National Gun Crime Prevention Act
and "$27,064", respectively.
Law will protect the public.
of 1968."
(h) The figure "$564" contained in the
This bill will deny a license to pur-
first sentence of section 106(b) of the Leg-
Basically, the bill carries out the rec-
chase or possess firearms and ammuni-
islative Branch Appropriation Act, 1963, as
ommendations of the National Crime
tion to anyone convicted of a felony or a
amended (2 U.S.C. 60j), shall be deemed on
Commission report.
misdemeanor involving violence. It will
and after July 1, 1968, to refer to the figure
The time has arrived to stop talking
"$597".
deny firearms to aliens, alcoholics, nar-
about effective gun control. The time
cotics addicts, mental incompetence, and
(i) The figure "$6,256" contained in sec-
to act is here. The American people are
tion 5533 (1) (A) of title 5, United States
juveniles. But it will impose no significant
demanding strong and responsible gun
Code, insofar as it relates to individuals
burden on law-abiding gun owners, hunt-
control. During the past 3 days I have re-
whose pay is disbursed by the Secretary of
ers, hobbyists, and sportsmen.
the Senate, shall be deemed on and after
ceived 205 telegrams, 363 telephone calls,
I ask my colleagues to study the bill
July 1, 1968, to refer to the figure "$6,622".
and 2,183 letters-2,751 messages in all-
closely because, without question, it will
SEC. 2. (a) If the annual rate of basic pay
which, with only 68 exceptions, all ask
be the subject to a propaganda drive of
for positions in level V of the Executive
for strong gun control.
massive misrepresentation throughout
Schedule under section 5316 of title 5, United
Mr. President, our mail is not the only
the United States by the National Rifle
States Code, is increased effective on or be-
evidence that the American people want
Association.
fore May 31, 1969, to $30,000 or more, the an-
effective gun control.
nual rates of gross compensation of the Sec-
I might add that my love of hunting
retary of the Senate, the Sergeant at Arms,
The Gallup poll reported on June 8
and shooting is second to none in this
the Secretary for the Majority, the Secretary
that:
Chamber. My marksmanship is not so
for the Minority, the Parliamentarian, the
The public, gunowners and non-gunown-
expert as that of the distinguished Pre-
Chief Clerk, the Financial Clerk, the Chief
ers alike
favor a law requiring the regis-
siding Officer now in the chair [Mr.
Reporter of Debates, the Legislative Counsel,
tration of all guns, a law banning the sale of
TALMADGE]. But I love to shoot. I learned
and the four Senior Counsel in the Office
all guns through the mails, and strict restric-
to shoot at my father's knee. My son is
of the Legislative Counsel (i) shall be in-
tions on the use of guns by persons under
creased to the amounts to which such rates
learning to shoot at my knee.
18 years of age.
would have been increased and adjusted un-
My bill represents moderate respon-
der subsection (a) of the first section except
According to the Harris poll, 85 per-
sible gun control legislation. It will not,
for the provisions of paragraph (2) thereof,
cent of the public favors strong gun con-
in any way, injure the law-abiding citi-
and (ii) (A) such rates, as so increased and
trol legislation.
zen, the law-abiding sportsman, or the
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD SENATE
S7075
homeowner who wishes to protect his
tered hunters and members of shooting
h. Canada requires registration of all hand-
home.
clubs.
guns.
Mr. President, some will call this bill
g. Japan prohibits entirely private owner-
8. Comparative gun fatalities in sixteeen
too tough. Certainly, it is the strongest
ship of guns.
nations:
firearms control bill yet introduced in
TOTAL NUMBER AND RATE PER 100,000 POPULATION
Congress. It is complementary to the bill
just introduced by the Senator from Con-
Country
Homicide
Suicide
Accident
necticut [Mr. DODD] and others. But in
(Year is the latest
view of what has happened in our Nation
for which figures are available)
Number
Rate
Number
Rate
Number
Rate
and to our Nation, and in view of what
happens every day in this Nation, I do
United States, 1963
5,126
2.7
9,595
5.1
2,263
1.2
not feel that we can do less.
Australia, 1963
61
.56
336
3.1
87
.80
Belgium, 1963
24
.26
64
.69
10
.11
A brief glance at some of the statistics
Canada, 1963
99
.52
556
2.9
150
.8
on gun crime shows the need for this
Donmark, 1962
6
.13
59
1.3
15
.32
England and Wales, 1963
24
.05
161
.34
77
.16
bill:
France, 1962
584
1.3
777
1.7
265
.56
1. Homicide by gun:
German Federal Republic, 1962
68
.12
438
.80
93
1.17
a. 1964: 5,090 gun murders, 55% of the
Ireland, 1963
7
.25
15
.53
Italy, 1962
351
.70
362
.73
181
.36
total homicides.
Japan, 1962
37
.04
93
.10
90
.09
b. 1965: 5,634 gun murders, 57% of the
Netherlands, 1963
3
.03
11
.09
4
.03
total homicides.
New Zealand, 1962
4
.17
39
1.7
6
.26
Scotland, 1963
3
.06
20
.38
13
c. 1966: 6,552 gun murders, 60% of the
.25
Sweden, 1963
8
.11
163
2.1
27
.36
total homicides.
Switzerland, 1962
26
.46
2. Rifle and shotgun murders (about 30%
of the annual total)
a. 1964: 1,527 long gun murders.
Gun homicide rates in States with
400,000 criminals arrested, only 159 were
b. 1965: 1,690 long gun murders.
strong gun laws versus States with weak
carrying guns.
C. 1966: 1,747 long gun murders.
gun laws show a marked contrast. In
In England guns are used in 10 percent
3. Gun homicide rates in states with strong
those States with strong gun laws, the
of the homicides; in the United States,
gun laws vs. states with weak gun laws (four
year period 1962-1965-Overall homicide rate
gun murder rate is substantially lower
in 60 percent of the homicides.
per 100,000 population in parenthesis).
than in those States with weak laws.
France requires police permits for
In Pennsylvania, with a relatively
handguns and military rifles.
STRONG LAW
strong law, 43.2 percent of all murders
Sweden requires a need for a gun and
Pennsylvania: 43.2% of all murders (3.2)
New Jersey: 38.6% of all murders (3.5).
are gun murders. In New Jersey, 38.6 per-
demonstrated knowledge of its use.
New York: 31.8% of all murders (4.8).
cent of all murders are gun murders. In
Germany issues permits only to regis-
Massachusetts: 35.3% of all murders (2.4).
New York, 31.8 percent. In Massachu-
tered hunters and members of shooting
Rhode Island: 24.0% of all murders (1.4).
setts, 35.3 percent. In Rhode Island, 24
clubs.
WEAK LAW
percent.
Japan prohibits entirely private own-
Florida: 66.0% of all murders.
Those are States with at least minimal
ership of guns.
Arizona: 66.4% of all murders (6.1).
gun regulations.
Canada requires registration of all
Nevada: 66.9% of all murders (10.6).
Now let us look at those States with
handguns.
Texas: 68.7% of all murders (9.1).
no laws or weak laws: Florida, 66 per-
I have a little chart here, Mr. Presi-
Mississippi: 70.9% of all murders (9.7).
cent of all murders are by gun. Arizona,
dent, which gives the comparative gun
Louisiana: 62.0% of all murders (9.9).
66.4 percent. Nevada, 66.9 percent, Texas,
fatalities in 16 nations of the Western
4. Law enforcement officers killed in line
of duty:
68.7 percent, Mississippi, 70.9 percent,
World. I would like to read them, because
a. Since 1960, firearms have been the
Louisiana, 62 percent.
they are illustrative. We will start with
weapon in 96% (322) of all 335 murders of
Mr. President, in these days we think
the United States and use the United
police officers.
no sacrifice too great for our police offi-
States as a base. The rate is per 100,000
b. In 1966, 57 police officers were killed
cers. We do not hesitate to call them to
population.
in the line of duty, and 55 of them were
become sociologists, traffic directors, and
In 1963, the homicide rate-the gun
killed with firearms.
community relations counsellors as well
murder rate-in the United States per
C. Of the 335 officers killed, 53 were killed
in the Northeastern states, 60 in western
as courageous protectors of public order;
100,000 population was 2.7; five times
states, 71 in North Central states, and 151 in
and yet, since 1960, there have been 335
the rate of Australia; 10 times the rate of
southern states. (The most stringent gun
murders of police officers in this country,
Belgium; five times the rate of Canada;
control laws exist in Northeasern states, and
and 96 percent were by gun.
20 times the rate of Denmark; 54 times
the weakest in southern states.)
In 1966, 57 police officers were killed
the rate of Great Britain; 23 times the
5. Aggravated assoult by gun:
in the line of duty, and 55 of them were
rate of the German Federal Republic;
a. 1964: 27,700
killed with firearms.
67 times the rate of Japan; 90 times the
b. 1965: 34,700
These next statistics are very inter-
rate of the Netherlands.
C. 1966: 43,500
During the three years, 1964-66, assaults
esting. Of the 335 police officers mur-
Mr. HOLLAND. Mr. President, will the
with a gun increased 36%. Regionally, 11.7%
dered by gun in the United States since
Senator yield?
of the aggravated assaults committed in
1960, only 53 police officers were shot
Mr. TYDINGS. I am delighted to yield.
Northeastern states were committed with a
down with guns in the Northeastern
Mr. HOLLAND. Does the Senator have
gun; 18.5% in Western states; 19.2% in North
States, which have highly populated
the figures indicating what percentage or
Central states; and 23.5% in Southern states.
6. Armed robbery by gun:
areas but relatively strong gun laws. In
what number of those murders were by
a. 1964: 42,600
the Southern States, with much less
handguns and what number by long
b. 1965: 52,000
population and little gun legislation to
guns?
C. 1966: 59,300
speak of, 151 police officers were shot
Mr. TYDINGS. I have the ratio only
7. Firearms control in other nations:
down with guns.
for the United States.
a. Britain requires a certificate from local
It is interesting to note that some of
Mr. HOLLAND. I mean in the United
police before a long gun can be purchased.
the most stringent gun control laws exist
States.
b. In a recent three-year period in Eng-
in the Northeastern States and some of
Mr. TYDINGS. Approximately 30 per-
land and Wales, of the 400,000 criminals ar-
rested, only 159 were carrying guns.
the weakest in the Southern States.
cent by long guns in the United States
c. In England, guns are used in 10% of
It is interesting to take a look at fire-
and 70 percent by handguns.
the homicides; in the United States, 60%.
arms control in other "civilized". nations
Mr. HOLLAND. I thank the Senator.
d. France requires police permits for hand-
of the Western World.
Mr. TYDINGS. Mr. President, in 1963
guns and military rifle purchases.
there were 5,126 gun murders in the
Britain requires a certificate from
e. Sweden requires a need for a gun, and
United States.
local police before a handgun or a rifle
demonstrated knowledge of its use.
In Denmark there were six.
can be purchased. In a recent 3-year
f. Germany issues permits only to regis-
In England and Wales there were 24.
period in England and Wales, of the
In Belgium there were 24.
Reproduced at the Richard Nixon Presidential Library and Museum
S7076
CONGRESSIONAL RECORD - SENATE
June 12, 1968
In Japan there were 37.
The bill provides for registration of all
LIMITED EFFECTIVENESS OF PRESENT LAWS
There were three in the Netherlands.
firearms within a year from the effective
At first glance, the combined regulatory
There were four in New Zealand.
date of the act. It provides that all trans-
machinery established by these firearms laws
There were eight in Sweden.
fers of firearms will be registered after
may appear to provide sufficient control. This
And yet-I repeat-5,126 gun murders
the effective date of the act. The effective
appearance is misleading. A 1966 Federal Bu-
in the United States.
date will be 180 days after enactment of
reau of Investigation survey of the chief ad-
Mr. President, the bill I am introduc-
the bill.
ministrators of police departments in 10
large cities discloses that all but one believe
ing is called the Gun Crime Prevention
Anyone who owns a firearm will be
that the easy accessibility of firearms is a
Act of 1968. It is complementary to the
able to register a firearm, and, in fact.
serious law enforcement problem.
President's gun sales legislative proposal,
every owner will be required to do so.
On the Federal level, the statutes do lit-
introduced by the Senator from Connec-
This is to provide a record of the serial
tle to control the retail and mail-order sale
ticut, and which has been before the
number, kind of weapon, and its owner
of handguns, rifies, and shotguns. The pro-
Congress every year since I have been
for every firearm in the Nation.
vision of the Federal Firearms Act of 1938
in the Senate. But unlike the President's
In addition, every person who wishes
prohibiting Federal licensees from transport-
ing firearms into States in violation of
gun sales bill, my proposal applies to
to keep or use a firearm or ammunition
State laws requiring a permit to purchase
possession and the use of firearms. It
1 year after the act takes effect will have
firearms has an extremely limited effect. Only
is designed to take guns out of the
to apply for a license to do SO. To obtain
eight States have enacted permit laws. If
hands of the lawless elements of this
a license, all a person need do is to affirm
there are local ordinances within a State, but
country and thus help reduce the stag-
on a form that he is over 18 years old. is
no State law, the Federal provision does not
gering and tragic gun crime problem we
a citizen, is not a felon or under indict-
apply. The prohibition against transport of
face.
ment for a felony, has not been convicted
firearms to, or receipt by, felons or fugitives
applies only to direct interstate shipment and
My proposal applies both to firearms
of a misdemeanor involving violence, and
does not prevent such persons from buying
and ammunition. It will require the reg-
has never been committed to an institu-
firearms locally after they have been trans-
istration, by a simple form, of every
tion by a court for drug addiction, alco-
ported from another State, Despite the Fed-
firearm now in the United States and
holism, or mental incompetence.
eral laws, therefore, practically anyone-the
all firearms produced in or imported
In addition, an applicant will have to
convicted criminal, the mental incompetent,
into this country in the future, and the
submit a photograph and fingerprints
or the habitual drunkard-can purchase fire-
reregistration or transfer each time a
with his application, so that his identity
arms simply by ordering them in those States
that have few controls.
firearm changes hands.
can be firmly established and his freedom
Mr. President, that is a basic law-en-
from a criminal record confirmed. But
Strict controls by one State or city are
nullified when a potential criminal can se-
forcement need-to be able to locate
in a State or part of a State where the
cure a firearm merely by going into a neigh-
where the firearms are in this country.
photograph-fingerprint requirement is
boring jurisdiction with lax controls, or none
Fortunately, California was one of those
impractical-as in a sparsely populated
at all. While information is sparse, there are
States which had at least registration
area-the Governor of the State can ap-
strong indications that mail-order houses
statute for initial sales. That is how the
ply to have either or both of these re-
and other out-of-State sources provide a sub-
name of the accused in the assassina-
quirements waived.
stantial number of guns to those who com-
The Secretary of the Treasury will ad-
mit crimes. One study by the Massachusetts
tion of Senator Kennedy, our colleague,
State Police showed that 87 percent of con-
was discovered.
minister the act, except where a State
cealable firearms used during the commis-
Registration is a bare minimum of as-
enacts as effective a law. In that case,
sion of crimes in Massachusetts in a recent
sistance for police officers.
of course, the Federal law will not apply;
year were obtained from sources outside the
In addition, my bill will also require
the State law will preempt. Under the
State.
a license for the transfer or possession
bill, the Secretary may borrow the serv-
In order to prevent criminal use of fire-
or purchase of any firearm or any am-
ices of other agencies of Government-
arms, the police must have some way of fol-
munition used in a firearm.
such as the Post Office--to administer
lowing weapons into the hands of the ulti-
the act. I contemplate that both regis-
mate consumer. But only in four States do
It will disqualify from gun ownership,
felons, aliens, those convicted of mis-
tration and licensing under this bill can
police agencies have a method of determin-
ing who owns firearms and where they are
demeanors involving violence, drug ad-
be conducted through post offices all over
located. The requirement that each person
dicts, alcoholics, the mentally incom-
the country, because basically all it will
register firearms-a tool available to law en-
petent, and juveniles.
require is filling out and signing your
forcement in almost every industrial nation
The Gun Crime Prevention Act will
name to a form, and, in the case of Ii-
in the world-has been compared with the
not disarm law-abiding citizens who own
censing, supplying. a photograph and
State control of automobiles and drivers. At
guns. It will not significantly inconven-
your fingerprints.
a time when there were very few automo-
ience law-abiding hunters, sportsmen,
The bill further provides the means
biles, registration was not thought neces-
sary. When automobiles became so numerous
collectors, or other gun fanciers, any
for disposing of some of the more than
that they posed & serious physical threat to
more than the obtaining of a license for
100 million guns now in private hands in
society, comprehensive registration was felt
an automobile owner inconveniences the
this country, when their owners no long-
to be essential.
automobile driver.
er want them or do not or cannot qualify
A final failing in the present system of
It will not nullify any State gun law,
for a license to possess a firearm under
control is the ease with which extremely
and will provide specifically that any
the act. In either case, the bill author-
low-priced, and therefore widely available,
State can preempt this legislative pro-
izes the Secretary to buy up and destroy
surplus weapons are brought into the United
those weapons.
States from foreign countries. At the present
posal by enacting a State law equally as
effective for registration and licensing of
Finally, the bill provides stringent
time it is estimated that at least 1 million
penalties for its violation in order to se-
such weapons are reaching the civilian mar-
firearms.
ket each year. During the recent hearings
The entire purpose and thrust of this
verely discourage gun possession by fel-
of the Senate Subcommittee on Juvenile De-
legislation is to encourage and persuade
ons, addicts, aliens, and juveniles.
linquency, law enforcement officials testified
the legislatures across the Nation to pro-
The Gun Crime Control Act is a mod-
that foreign imports accounted for a sig-
vide this minimal assistance to law en-
erate, but effective, measure to meet the
nificant percentage of the total number of
forcement.
nationwide gun crime crisis we face.
firearms coming into their possession as a
result of having been used in the commission
I might point out, parenthetically, Mr.
Mr. President, I ask unanimous con-
of crimes. The figures ranged from a low of
President, that with the exception of
sent to have printed in the RECORD an
18 percent in Washington, D.C., to a high of
New Jersey, no State in the past several
excerpt from the National Crime Com-
80 percent in Atlanta, Ga.
decades has been able to enact any gun
mission report, beginning on page 240
The limited statutory framework within
legislation which has been opposed by
with the heading "Limited Effectiveness
which the State Department must operate
the National Rifle Association and their
of Present Laws," and ending, at the end
prevents any effective control over the im-
gun lobby.
of page 243, with the recommendations
partation of firearms. If the import in ques-
of the Commission.
tion does not involve machineguns, sawed-off
If a State does not preempt the field,
shotguns, or the other weapons covered by
then the Federal law created by this bill
There being no objection, the excerpt
the 1934 National Firearms Act, each trans-
would apply, and would protect from gun
from the Crime Commission Report was
action is approved routinely, as long as the
crimes the people of that State and
ordered to be printed in the RECORD, as
dealer is a bona fide businessman engaged in
visitors to that State.
follows:
a bona fide business transaction.
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD - SENATE
S7077
PUBLIC OPINION ABOUT FIREARM CONTROL
there are more stringent controls. In Dallas,
the importation into the United States of
Public opinion on the subject of firearms
Tex., and Phoenix, Ariz., firearms regula-
large numbers of cheap firearms. Since sport-
tions are fairly weak. In Dallas in 1963, 72
ing weapons such as rifles and shotguns ap-
control has been sampled several times in
percent of homicides were committed with
parently present less danger of criminal use
the last few years by the Gallup Poll. Ac-
firearms; in Phoenix 65.9 percent were com-
than do handguns, control over the latter
cording to the 1966 poll, a substantial ma-
mitted with firearms. In Chicago, where reg-
should be more stringent. A truly effective
jority of persons interviewed-67 percent-
ulations are more strict, 46.4 percent of the
system of regulation requires a meshing of
said they favored "a law which would require
homicides were committed with firearms.
State and Federal action.
a person to obtain a police permit before he
In New York City, with the most stringent
The Commission recommends: Each State
or she could buy a gun." Even when the same
gun controls of any major city in the United
should require a person to obtain a permit
question was put to firearms owners, a ma-
States, only about 25 percent of the homi-
before he can either possess or carry a hand-
jority-56 percent-indicated that they fa-
cides are committed with firearms.
vored police permits to purchase guns.
gun. Through licensing provisions, Federal
Opponents of additional controls contend
A second question asked by the Gallup
law should prohibit mail-order and other in-
that firearms are dangerous only if misused
terstate sales of handguns and should reg-
Poll was directed to the problem of guns and
and that the appropriate legal remedy is
ulate such sales of rifles and shotguns.
juveniles. "Which of these three plans would
you prefer for the use of guns by persons
to punish illegal use of firearms-not to
Federal legislation to implement these
hamper ownership. Supporters of control
under the age of 18-forbid their use com-
goals should prohibit the interstate shipment
argue that it is not enough to rely on the
pletely; put strict regulations on their use;
of handguns except between federally li-
deterrent effect of punishing the wrongdoer
or continue as at present with few regula-
censed importers, manufacturers, and dealers.
after the act to prevent others from misus-
tions?" In response, 27 percent of those ques-
A Federal licensee should also be prohibited
ing guns. They maintain that firearms
tioned and 17 percent of firearms owners said
from selling handguns to an individual not
should be kept out of the hands of those
they favored ocmpletely forbidding the use
living in the State of the seller. The inter-
who intend to use them wrongfully.
of guns by persons under 18; 55 percent of
state shipment of shotguns and rifles should
Opponents of firearms control legislation
all persons and 59 percent of gun owners said
be delayed a sufficient time for law enforce-
also rely upon the Second Amendment's guar-
they favored strict regulation; and 15 per-
ment authorities in the buyer's hometown
antee of "the right to bear arms." The Second
cent of all persons and 22 percent of the gun
to examine his sworn statement concerning
Amendment, in its entirety, states:
owners wanted to continue as at present.
age and other factors affecting his eligibility
"A well regulated Militia, being necessary
On the question of outlawing all handguns
to purchase such a weapon, and the consent
to the security of a free State, the right of
#except for police use (a question last asked
of these authorities should be required be-
the people to keep and bear Arms, shall not
in 1959) 59 percent of the sample were in
fore the weapon may be shipped. Antique
be infringed."
favor and 35 percent were opposed.
dealers could continue to operate under rea-
The U.S. Supreme Court and lower Fed-
sonable regulations. States may also want to
THE CONTROVERSY ABOUT FIREARMS CONTROL
eral courts have consistently interpreted this
prohibit firearms sales to persons under a
While the majority of the public favors
Amendment only as a prohibition against
certain age, such as 18 or 21, or require
reasonable firearms control, the National
Federal interference with State militia and
parental approval for firearms registration in
Rifle Association and other citizen groups
not as a guarantee of an individual's right to
a minor's name.
have provided an effective legislative lobby
keep or carry firearms. The argument that
to represent those hunters, gun collectors,
the Second Amendment prohibits State or
Mr. TYDINGS. Mr. President, there
and other persons who oppose additional
Federal regulation of citizens ownership of
are those who would call this proposal
regulation. Many arguments are offered by
firearms has no validity whatsoever.
too tough. But it is not really too tough.
this opposition.
COMMISSION RECOMMENDATIONS
It is, in fact, a very moderate bill. It will
The most emotional position-one this
Since laws, as they now stand, do not ac-
not deprive any law-abiding citizen of
Commission must reject outright-is that
complish the purposes of firearms control,
licensing and registration provisions for
the right to own or use a gun-whether
the Commission believes that all States and
handguns, rifles, and shotguns would dis-
for home protection, hunting, target
the Federal Government should act to
arm the public and thus render it easy
strengthen them. Any legislative scheme
shooting, collection, or any other legiti-
prey for violent criminals, or an invading
should maximize the possibility of keeping
mate purpose.
or subversive enemy. In fact, all proposals
firearms out of the hands of potential crimi-
It does not outlaw private ownership
for regulation would permit householders
nal offenders, while at the same time afford-
of firearms, as Japan does. It does not
and shopkeepers to continue to possess fire-
ing citizens ample opportunity to purchase
nims. Licensing and registration for the
outlaw ownership of handguns, as
such weapons for legitimate purposes.
legitimate firearms owner would merely add
some have proposed. It would not require
It is appropriate to ban absolutely the sale
a small measure of inconvenience to the
of those weapons no citizen has a justifiable
citizens to keep their guns in certified
presently largely unregulated mail-order
reason for owning.
gun clubs, as others propose. It would
and over-the-counter sales of firearms. It
The Commission recommends: Federal and
not require a showing of professional
is this inconvenience that appears to be the
State Governments should enact legislation
need, as advocated by some.
underlying reason for the opposition to more
outlawing transportation and private pos-
firearms control. Opponents suggest that
In fact, Mr. President, the bill does not
session of military-type firearms such as ba-
laws calling for registration would penalize
subject firearms even to the stringent
zookas, machine guns, mortars, and anti-
the law-abiding citizen, who would comply-
regulation to which we subject auto-
tank guns.
while not touching criminals who would
In addition, dangerous or potentially dan-
mobiles and drugs.
not comply. They thus conclude that such
gerous persons should be prohibited from
Nevertheless, I think that those of us
laws do not address themselves to the real
purchasing firearms.
who support rational gun laws must gird
problem of firearms misuse.
The Commission recommends: States
Those supporting stricter control of fire-
ourselves for the campaign of misrepre-
should enact laws prohibiting certain cate-
arms agree that many potential criminal
sentation which will certainly begin to-
gories of persons, such as habitual drunkards,
offenders will obtain firearms even with ad-
day. The gun lobby in this Nation-led
drug addicts, mental incompetents, persons
ditional laws. But they point to the con-
with a history of mental disturbance, and
by their paid hierarchy, the National
clusion of the Senate Subcommittee on
persons convicted of certain offenses, from
Rifle Association here in Washington-
Juvenile Delinquency, which found that
buying, owning, or possessing firearms.
has, without the slightest apparent
criminals. for the most part, purchase their
Prevention of crime and apprehension of
twinge of conscience, opposed with a
firearms through the mails or in retail
stores, rather than stealing them. One police
criminals would be enhanced if each firearm
vicious disregard of fact every effective
chief from a large western city told an
were registered with a governmental jurisdic-
piece of firearms legislation introduced
FBI survey that, after permissive State leg-
tion. A record of ownership would aid the
since I have been in the Senate and, I am
islation had preempted local controls, there
police in tracing and locating those who have
informed, since long before I arrived
committed or who threaten to commit vio-
were "several instances of homicide com-
here.
mitted within 30 minutes of the time a
lent crime. Law enforcement officers should
know where each gun is and who owns it.
We can expect the NRA and its satel-
short firearm was purchased by a person
The Commission recommends: Each State
lites to continue their opposition. But
who would not have been granted a permit
to purchase one under the former legisla-
should require the registration of all hand-
we do not intend to remain passive. I
tion."
guns, rifles, and shotguns. If, after 5 years,
have today demanded that the Internal
During the first year's operation of a
some States still have not enacted such laws,
Revenue Service tell me, as a Senator
Philadelphia ordinance requiring a permit
Congress should pass a Federal firearms regis-
of the State of Maryland, why an orga-
to obtain a firearm, 73 convicted persons
tration act applicable to those States.
nization with an annual budget of $5.7
were prohibited from purchasing firearms
Government regulation to prevent those
million-which spends a large percent-
in the city. Federal Bureau of Investigation
with criminal purposes from purchasing fire-
statistics demonstrate that a higher. pro-
arms cannot be effective as long as mail-order
age of that budget lobbying against fire-
portion of homicides are committed with
sales and retail sales to persons living out-
arms legislation throughout the United
firearms in those areas where firearms regu-
side the seller's State are not controlled. It
States at the Federal, State, county, and
lations are lax, than in those areas where
is essential, also, to reduce and to regulate
city levels-remains untaxed.
Reproduced at the Richard Nixon Presidential Library and Museum
7078
CONGRESSIONAL RECORD - SENATE
June 12, 1968
I have demanded that the IRS investi-
A Negro boy, a graduate of Wilson
Further, I stated:
gate how this organization has urged its
High School, also was shot and killed.
I favor, and I have favored, the registration
members to oppose firearms control leg-
He, likewise, should be considered along
of all firearms, but I believe that it is basic-
islation, and, whether its agents have
with the others.
ally & State function, and that the various
spoken to Senators, Congressmen, State
I am glad that the Senator from
States should accept this responsibility and
legislators, and other Government offi-
Maryland is emphasizing that this is a
not place it on the shoulders of the Federal
Government. If the States will not act, then
cials to influence their behavior, and if
problem which is not only confined to
I think it will be the duty of the Federal
it has ever mobilized a campaign to op-
great men or great personalities, but
Government to assume that responsibility, as
pose gun control, why the Internal Rev-
includes also the little people, who can-
it has all too often when the States have
enue Service has given it such kid glove
not generate the type of support the
refused to assume theirs.
treatment and a specific tax exmption.
others can, but whose needs and con-
Is that in accord with the Senator's
Further, as a member of the Juvenile
siderations are just as great. I feel, and
proposal?
Delinquency Subcommittee, I intend to
I know certain, that these examples
Mr. TYDINGS. That is exactly the
press for an immediate investigation of
could be multiplied many times over.
philosophy of the proposal. As a matter
the entire gun lobby-the NRA and other
If I may, I should like to ask a ques-
of fact, we had before us the Senator's
extremist organizations, including the
tion of the distinguished Senator.
speech and his recommendations while
Minutemen, and gun manufacturers and
Mr. TYDINGS. Certainly.
we were drafting the proposed legislation.
large dealers, importers, and others who
Mr. MANSFIELD. Do I correctly
understand the Senator to say that the
Unfortunately, in the past 30 years the
support these lobbying efforts.
only one gun control law which was able
If this campaign of misrepresenta-
bill which he is introducing today-I
tion and disregard of the public interest
have not seen it; I am looking at some
to pass any State legislature-in New
Jersey-and that was a far weaker law
continues, the public is entitled, at the
statements concerning it-would provide
than we propose, and that was in New
very least, to know its origins, its motiva-
for the registration of all firearms in
the United States?
Jersey. During that period, all attempts
tions, and where the money comes from.
We who support strong gun control
Mr. TYDINGS. The Senator is correct.
to enact sane gun laws by State legisla-
legislation do not maintain that regula-
Mr. MANSFIELD. Is it the Sena-
tures have been vehemently opposed by
the National Rifle Association and the
tion will stop crime. It will not prevent
tor's contention that that would en-
gun lobby. So we provide that our bill
all murders. But the statistics are un-
courage-
Mr. TYDINGS. This bill would in no
would take effect only if the State failed
assailable that good gun laws do reduce
to act. The State could act and would
gun crimes. We believe that a society
way require the turning in of weap-
which regulates automobiles, of which
ons-I hope I correctly judge the import
thus preempt the field at any time.
death is only a byproduct, should regu-
of the Senator's question
Mr. MANSFIELD. I suppose the Sena-
late guns, of which death is a primary
Mr. MANSFIELD. Yes, indeed. Would
tor has in mind California, Michigan,
purpose.
it also encourage States to provide for
New York, and New Jersey as States
The Federal Bureau of Investigation
such registration, among other things?
which have good gun control laws at
Mr. TYDINGS. That is correct. It
present.
published in its Law Enforcement Bul-
would be my hope that the States would
Mr. TYDINGS. Yes. So far as registra-
letin of October 1966, a list of murder
enact their own registration laws. My
tion is concerned, I think they accom-
percentages by guns, by States, for the
bill provides that if a State did act its
plish what we seek.
4-year period 1962-65. It is interesting
law will automatically preempt. If a
My bill also requires that an individual
to note that, generally speaking, States
must obtain a license in order to possess,
have effective or even minimal gun con-
State does not act, the Federal law would
trol legislation have the lowest gun
apply.
purchase, or transfer a firearm. Under
murder rates, and that States having
Mr. MANSFIELD. Very well. That is
the bill, each State will set up its own
little or no protection from guns have the
what I was trying to understand.
licensing procedure. But if the State does
The Senator may or may not recall
not do that, then the Federal law will
highest gun murder rates.
We who support reasonable firearms
that on Monday last I made a speech on
apply. Under this bill, a license will auto-
control believe that a government which
the floor of the Senate in which I stated
matically be given to an individual who
can protect borrowers from unscrupulous
that a number of proposals had been
states truthfully, that he is not a con-
made by the President's Commission on
victed felon, is not under indictment for
money lenders, housewives from decep-
Law Enforcement and Administration of
a felony, has not been convicted of a mis-
tive packaging, children from color tele-
vision radiation, sick people from in-
Justice, including the outlawing of the
demeanor involving violence, has never
effective drugs, can also protect people
private possession of such military types
been institutionalized, under court order,
from maiming and murder guaranteed by
of firearms as bazookas, machineguns,
for alcoholism, drug addiction, or mental
the promiscuous ownership of firearms.
mortars, and antitank guns; second, pro-
incompetency, is over 18 years of age,
and is a U.S. citizen.
The tragic death of the Senator from
hibiting such persons as habitual drunk-
New York, Robert F. Kennedy, was in-
ards, drug additets, mentally incompe-
In addition, fingerprints and a photo-
tents, mentally disturbed, and ex-con-
graph would be required, unless the Gov-
deed a national calamity. It will focus
ernor of a State indicates to the Secre-
attention on the problem. But we are
victs from buying or possessing firearms.
In my opinion, this has already been
tary of the Treasury that obtaining fin-
not talking merely about one isolated
done in title IV of the safe streets and
gerprints or a photograph would not be
instance tragic as it was. Innocent,
crime control bill in the section relating
practicable for residents in his State. For
hard-working busdrivers in my own
city of Baltimore and in Washington
to handguns.
example, if a State is sparsely populated
Mr. TYDINGS. One part of the Na-
or long distances must be traveled to find
have been shot down by hoodlums with
guns or pistols purchased for a few
tional Crime Commission's recommenda-
people qualified to take fingerprints or
tions was embodied in title IV. The
to develop photographs, then the Gover-
dollars. Innocent persons on the campus
nor could get an exemption for his State
of the University of Texas were slaugh-
Senator from Montana brings up a very
from this requirement.
tered by a man who bought some guns,
good point. That is why I included the
If a license application is submitted
went to the top of a tower, and opened
entirety of the National Crime Commis-
containing all this information, and if
fire on the people below.
sion's recommendations in my own re-
the information is truthful, then auto-
marks, because my bill is really pat-
Mr. MANSFIELD. Mr. President, will
matically the firearms license would be
terned after and based on the recom-
the Senator from Maryland yield?
issued. The Secretary of the Treasury
mendations which the Senator has read
Mr. TYDINGS. I am glad to yield.
would have no discretion to withhold the
and which the Senator has quoted.
Mr. MANSFIELD. Following the dis-
license.
Mr. MANSFIELD. The third recom-
tinguished Senator's line of thought, I
mendation underscored the need for
Hopefully, the States would move to set
should like to add the fact that two
State registration of all firearms, and
up machinery for firearms licensing and
marine lieutenants who had just been
for State permits to possess or carry
for registration. If a State did act, then
graduated from Quantico were shot in
handguns. My remarks follow:
the Federal law would not apply in that
a hamburger shop in Washington last
These requirements will not stop killing;
State.
week. One of them, 2d Lt. Thaddeus
they may help to discourage it, and person-
Mr. MANSFIELD. I appreciate the re-
Lesnick, was from Fishtail, Mont.
ally I would favor them.
marks of the distinguished Senator. I as-
Reproduced at the Richard Nixon Presidential Library and Museum
68
June 12, 1968
CONGRESSIONAL RECORD - SENATE
S7079
sure him that I have followed his state-
Mr. TYDINGS. That is correct. That
be no sale or transfer of a firearm except
ments with great interest.
is the proper interpretation, as we in-
to a person with a license.
ion
Mr. TYDINGS. I thank the distin-
tended it in the bill.
In other words, my bill provides for
guished majority leader. I hope he will
Mr. HOLLAND. I thank the Senator.
the registration of all firearms and li-
and
agree that my proposed legislation is bas-
Mr. TYDINGS. Mr. President, I ask
censing for purchase or possession,
ically within the philosophy and meets
unanimous consent that the text of the
whereas title IV, of the Safe Streets Act,
the objectives set out in the remarks
bill be printed in full at the conclusion
which was passed by the Senate several
which he made earlier this week.
of my remarks.
weeks ago, deals only with the mail-order
I should like to re-emphasize the point
The PRESIDING OFFICER. Without
or interstate sale of handguns. The Presi-
made by the majority leader, that this
objection, it is so ordered.
dent's bill is a sales bill. The Gun Crime
is not a problem involving only public
(See exhibit 1.)
Prevention Act is basically a possession-
officials. This is a problem involving the
Mr. TYDINGS. I ask unanimous con-
and-use bill.
people of the United States.
sent that the bill lie on the desk for the
Mr. HOLLAND. I thank the Senator.
After the riots in Detroit, rioters were
remainder of the day SO that Senators
I understand the Senator to say that,
arrested and guns were confiscated. It
who wish to cosponsor it may add their
added to the provisions applicable to the
was found that a substantial majority-
names.
sale of handguns included in title IV,
ile
as many as 9 out of ten guns-confiscated
The PRESIDING OFFICER. Without
the bill now offered by the Senator and
m.
could not have had firearms which they
objection, the bill will lie on the desk,
his associates would add other restric-
could not have purchased under Michi-
as requested by the Senator from Mary-
tions having to do with the registration
We
gan law. All they did was slip over the
land.
and the sale by individuals after they had
State line into Toledo, Ohio, and pick
Mr. TYDINGS. Mr. President, I now
registered a handgun.
.W
up those "Saturday night specials" for
introduce on behalf of myself, the senior
Mr. TYDINGS. That is correct. The
a few dollars and drive back to Detroit.
Senator from Maryland [Mr. BREWSTER],
President's bill is intended to make State
Last summer, at our hearings on gun
the Senator from Wisconsin [Mr. PROX-
gun laws enforceable by preventing their
a-
control the Governor of New Jersey, after
MIRE], the Senator from New York [Mr.
subversion through interstate commerce.
by
the riots in Newark, pointed out that
JAVITS], the Senator from West Virginia
The Gun Crime Prevention Act will pro-
le
people who were ineligible to buy a fire-
[Mr. RANDOLPH], the Senator from Ohio
vide United States citizens protection
111
arm in New Jersey because of a criminal
[Mr. YOUNG], and the Senator from
from gun crimes if the States do not ful-
record would hop into their automobiles
Rhode Island [Mr. PELL], the Gun Crime
fill their responsibilities.
di
and drive into other States and pur-
Prevention Act of 1968 and ask that it
Mr. HOLLAND. In those two particu-
chase all the guns they wanted-indeed,
be printed at the close of these remarks.
lars, at least, his bill would be supple-
even carloads of them-and drive back to
The PRESIDIING OFFICER. The bill
mental to or would add to, as he stated,
New Jersey.
will be received and appropriately
the requirements already included in
The entire thrust of this bill is really
referred.
title IV.
to protect the average citizen.
The bill (S. 3634) to disarm lawless
Mr. TYDINGS. The Senator is cor-
Mr. HOLLAND. Mr. President, will the
persons and assist State and Federal en-
rect.
Senator yield?
forcement agencies in preventing and
solving gun crimes by requiring registra-
Mr. HOLLAND. The Senator from
Mr. TYDINGS. I am delighted to yield
to the distinguished Senator from
tion of all firearms and licenses for pur-
Florida is particularly interested in that
field, because he believes that there is a
Florida.
chase and possession of firearms and
Mr. HOLLAND. I have checked only
ammunition; and to encourage responsi-
much stronger case to be made with ref-
briefly the résumé which the Senator
ble State firearms laws, and for other
erence to handguns than with reference
from Maryland has had placed on the
purposes, introduced by Mr. TYDINGS (for
to the long guns. Every State with which
himself and other Senators), was re-
I am familiar has some type of legisla-
desk of each Senator. I have found no
reference to what would be done in the
ceived, read twice by its title, and re-
tion with reference to carrying a con-
case of weapons owned by public bodies
ferred to the Committee on the Judi-
cealed weapon, which, by the very nature
and furnished to their police forces, and
ciary.
of the possibility of concealment, applies
Mr. HOLLAND. Mr. President, will the
largely to handguns.
also weapons owned by the State govern-
ments or the Federal Government and
Senator yield?
The Senator from Florida knows, from
made available to their uniformed mili-
Mr. TYDINGS. I yield.
the figures already given by the distin-
tary bodies. Will the Senator explain for
Mr. HOLLAND. The Senator will re-
guished Senator from Maryland, that of
the RECORD what this bill provides in
call, of course, that the Senate recently
the homicides attributable to gunfire
those regards?
passed title IV of the omnibus crime bill,
over the years mentioned in his data,
Mr. TYDINGS. I certainly will. It is a
which applies only to handguns, as I
approximately 70 percent have been ac-
very important question, Mr. President.
recall-primarily to pistols. What is the
complished through the use of handguns
Section 806 of my proposed bill read as
difference between the provisions of title
and approximately 30 percent through
follows:
IV of the omnibus crime bill, as applied
the use of long guns.
SEC. 806. EXEMPTIONS.-The provisions of
to handguns, and the provisions of the
The Senator from Florida has no real
this Act shall not apply to the sale, other
bill which the Senator just introduced,
figures upon which he can rely, but he
transfer, ownership or possession of any fire-
as applied to that same class of weapons?
is familiar with the fact that literally
arm or ammunition to or by (A) the United
Mr. TYDINGS. Mr. President, title IV,
millions of long guns, perhaps hundreds
States or any department, independent es-
as enacted by the Senate, forbids the
of millions, would represent the numbers
tablishment or agency thereof, (B) any State
sale of a handgun to anyone not a resi-
of shotguns and rifles and other weapons
or any department, independent establish-
ment, agency or any political subdivision
dent of the State of sale. It also forbids
that would be regarded as long guns
thereof, (C) any duly commissioned officer
the mail-order purchase or sale of a
which are distributed throughout the
or agent of the United States, a State or any
handgun. It deals only with sale of hand-
country-most of them owned by sports-
political subdivision thereof, in his official
guns. My proposal is complementary to
men, many of them owned by dwellers in
capacity, or (D) any manufacturer licensed
it. My proposal would require, first, the
remote spots, many of them a perfectly
after the enactment of this Act under the
registration of all firearms-handguns as
understandable means of protecting a
provisions of the Federal Firearms Act.
well as long guns-in the United States,
person or protecting property, or for
Mr. HOLLAND. Mr. President, will the
indicating the type of weapon, its serial
lawful use in the field of sporting activi-
Senator yield?
number and caliber, and other infor-
ties.
Mr. TYDINGS. I yield.
mation as I have described in my
I have not yet seen a bill-and I hope
Mr. HOLLAND. Do I correctly under-
remarks.
the Senator has such a bill-that con-
stand from that recital, which is very in-
Second, it would require that any per-
tains reasonable provisions as to those
formative, that all of the necessarily
son who wished to possess a firearm
literally hundreds of millions of long
public ownerships, acquisitions, trans-
would obtain a license by stating that he
guns; because I have not felt that I was
fers, and the like, by all public units,
was not a convicted criminal, was not in-
safe in relying upon measures simply
whether for military service or for other
stitutionalized for drug addiction, al-
offered from the floor as substitutes or
use, are exempted under the terms of this
coholism, mental incompetency, was over
as amendments, but not approved by
bill?
18, and was a U.S. citizen. There could
committees after long and responsible
Reproduced at the Richard Nixon Presidential Library and Museum
7080
CONGRESSIONAL RECORD - SENATE
June 12, 1968
research, such as was title IV of the om-
10 to 12 years, he becomes the proud
land on the brilliant leadership, fine
nibus crime bill.
owner of a little .22 rifle. Perhaps he is
presentation, and careful research he
I hope that the Senator's bill, and I am
first supplied with only BB's or caps, and
has personally done in the field of con-
inclined to think it would from having
later with more effective ammunition:
trol of crime and the use of firearms. I
heard it described, may much more ade-
Later he may become the proud posses-
am happy to associate myself with his
quately deal with this subject matter
sor of a .410 single-barreled shotgun.
remarks and add my name as a sponsor
than has been the case with reference to
Then, a little further along he possesses
to the measure he has introduced.
prior efforts. I hope, and I express the
something a little larger in the field of
I wish to ask several questions of the
hope here, that such may be the case.
shotguns. I am sure the Senator is fa-
distinguished Senator.
However, I recognize there are tremen-
miliar with this tradition because he
The Senator, as a member of the Com-
dous difficulties applicable to the field
comes from a relatively small town in
mittee on the Judiciary, and as a brilliant
of control of long guns that are not
his State, and I am sure he knows this
found in the case of the control of short
lawyer in his own right, has a thorough
is the situation found in literally mil-
knowledge of the Constitution of the
guns. I express the hope that the Senator
lions of American homes.
United States. I would, therefore, like
is effectively dealing with that subject
I would not want to see anything done
to ask whether, in his opinion, there is
which has great bearing on the whole
here by way of passage of a law which
protection of our people.
any portion of this bill that in any way
would make it completely impossible for
Mr. TYDINGS. Mr. President, I be-
contravenes the Bill of Rights of the
normal development of acquaintance
Constitution.
lieve the point raised by the distin-
with handling of arms by our boys and,
Mr. TYDINGS. My answer is no. The
guished Senator from Florida is a very
as they grow older, our young men, be-
second amendment to the Constitution
important point. We have been holding
cause I think that would be in the na-
hearings in the Subcommittee on Juve-
relates to the right of the State militia-
ture of a tragedy to our country. It is
nile Delinquency now for 3 years on the
not individual citizens-to bear arms.
in the interest of our country for boys
The power of Federal and State Govern-
question of gun control legislation. We
and young men to become familiar, in a
have had, I believe, weeks of hearings,
ments to require registration of firearms
safe way, with the use of firearms in the
and we have heard scores of witnesses.
and licensing has been upheld many
progressive method I have indicated.
They have recommended many types of
times by the courts. There is no con-
I hope that the distinguished Senator
gun legislation.
travention of the Bill of Rights in these
has a bill which in its original form or
The point which the Senator makes
proposals.
by reasonable modification can be ad-
is that to the farmer, or the sportsman,
Mr. BREWSTER. The Senator and I,
justed to these reasonable habits of
or the person in rural America, in the
as do many other people in our State of
families throughout our Nation from one
West and the South, rifles, shotguns,
Maryland, enjoy the hunting available
border to the other.
and the shooting of rabbits, quail, ducks,
there. Therefore, I wish to ask: Is there
I simply express again the hope that
and other game, is a way of life, and that
any portion of this bill that would pre-
the distinguished Senator is finally
those persons should not be unneces-
vent citizens of our State from hunting,
pointing us to a course which can be
sarily inconvenienced or deprived of that
from owning firearms, from using fire-
used effectively so far as crime preven-
way of life which harms no one and
arms in accordance with law, or that
tion is concerned and accident pre-
which is part of their tradition.
would make it impossible or greatly in-
vention is concerned, but at the same
In the interests of these law-abiding
convenient for law-abiding citizens to
time will not disturb too greatly the
citizens, I have drafted this legislation
use and enjoy the proper use of firearms?
practices of our Nation which have de-
so that anyone can comply with the reg-
Mr. TYDINGS. The answer is "No."
veloped throughout all the years of our
istration and license requirements for
The registration procedure and the li-
national existence.
firearms with ease, without delay and
censing procedure are extremely simple.
Mr. TYDINGS. Mr. President, again,
with great certainty.
There would be no inconvenience. The
the point which the Senator has raised
I have made sure that no Federal offi-
procedure would be much less difficult
is one to which I have personally given
cial would have any discretion to deny
than obtaining a driver's license under
consideration, because I was given a
anyone a firearms license. I have made
State law or obtaining certain drug pre-
shotgun at a relatively early age and
sure that the entire registration and
scriptions. We considered many possible
learned to shoot.
licensing required by this act can be
variations of legislation, and we decided
The PRESIDING OFFICER. The time
done by mail when necessary.
to make it very simple, very direct, and
of the Senator has expired.
The Treasury Department would have
very clear cut in order to avoid just such
Mr. MANSFIELD. Mr. President, I ask
no right to arbitrarily deny a license. It
a problem as the Senator raises.
unanimous consent that the Senator
would be automatically granted unless
Mr. BREWSTER. Does the proposal set
may proceed for an additional 10 min-
the applicant had been convicted of a
up any new, large, expensive, Federal
utes.
felony, or a misdemeanor involving vio-
bureaucracy, or does the provision that
The PRESIDING OFFICER. Without
lence, or has been institutionalized for
allows each State to pass its own laws
objection, it is SO ordered.
alcoholism, drug addiction, mental in-
that then take effect, in lieu of the provi-
Mr. TYDINGS. This legislation was
competency, or if he is an alien, or under
sions of the Federal statute, encourage
drafted with the problem in mind which
the age of 18 years. There are issues
the States to take over responsibility in
the Senator has raised. Under the bill,
which are clear-cut, and subject to ob-
this area?
a license for gun ownership could not be
jective proof. There are no subjec-
Mr. TYDINGS. The Senator's ques-
given to the son of the family until he
tive standards-no directions which can
tion, in effect, answers itself. The entire
reaches the age of 18. This is similar to
be exercised to deny any person a fire-
thrust of the legislation is based on the
State laws regarding to age at which a
arms license.
remarks made by our distinguished floor
boy may obtain a license to drive a car.
We have tried to make the measure
leader, the Senator from Montana [Mr.
But, under the bill, a boy would be able
very simple and clear-cut and without
MANSFIELD], last week, when he pointed
to shoot, his parents would be able to
any possibility for abuse. I, having grown
out that the Crime Commission had rec-
let him shoot at home and on hunting
up on a farm, and still living there, am
ommended that the States should act.
trips, he would be able to learn to shoot
very concerned with the point the Sena-
This legislation has been devised to en-
and to develop markmanship skills. But
tor has raised.
courage the States to adopt their own
he simply would not be able to own fire-
registration and licensing laws and to
Mr. HOLLAND. Mr. President, Lagain
arms until he had reached the age of
supplant the Federal law. Even should
express the hope that the Senator has
18. We drafted the definition the term
the Federal Government have to admin-
offered an effective bill.
"transfer" in title II of the bill with this
ister this act in many States, however,
I wish to say that in the part of the
point in mind.
the simplicity of the system the act
country from which I come, and in par-
Mr. BREWSTER. Mr. President, will
establishes will hold the cost to a
ticularly, in the small town-and the
the Senator yield?
minimum.
Senator from Florida happens to live
Mr. TYDINGS. I am delighted to yield
Unfortunately, for the past 30 years,
in a small county seat town-it is the
to my colleague from Maryland.
with the exception of the State of New
custom for this kind of procedure to
Mr. BREWSTER. Mr. President, I wish
Jersey, no State has ever adopted strong
apply. When a boy reaches the age of
to commend my colleague from Mary-
firearms legislation which the gun lobby
Reproduced at the Richard Nixon Presidential Library and Museum
June 12, 1968
CONGRESSIONAL RECORD - SENATE
S7081
or the NRA has opposed. Therefore, I
Mr. PELL I should like to suggest,
(g) that officials of the government of the
am afraid that the only way we will be
thinking of the example of Fort Ticonde-
United States, including four Presidents of
able to galvanize State legislatures into
roga, which has the largest collection of
the United States, and candidates for na-
action is with such legislation as this,
17th and 18th century cannon in the
tional public office have been assassinated
which provides for Federal registration
Western Hemisphere as well as a large
by use of firearms, and that the lives of na-
tional officials of the Legislative, Executive
and licensing standards which will apply
collection of equally old shoulder and
and Judicial branches, are increasingly
unless the States act.
handguns, that there be, perhaps, a 100-
threatened by the unregistered and unregu-
Mr. BREWSTER. One last question.
year cutoff date on something of that
lated circulation of firearms in the United
Other than the prohibited licensing of
sort, because I am sure the Senator did
States.
aliens, anyone convicted of a felony or a
not mean to apply his legislation to
TITLE II: DEFINITIONS
misdemeanor involving violence, or any-
museum pieces, such as breech-loading
SEC. 201. As used in this Act-
one institutionalized because of alco-
guns and things of that sort.
(1) The term "person" includes any in-
holism, narcotics addiction, or mental in-
Mr. TYDINGS. I think the Senator's
dividual, corporation, company, association,
competence, is there any discretion al-
point is well made. It is a point which the
firm, partnership, society, or joint stock com-
sponsors of the bill will definitely receive
pany.
lowed to the agent of the Secretary of
(2) The term "interstate commerce" in-
the Treasury under this measure, or
with sympathy.
cludes commerce between any State or pos-
must he license everyone who properly
Mr. PELL. I thank the Senator. I con-
the
session (not including the Canal Zone) and
applies?
gratulate him on his perseverance. He
any place outside thereof; or between points
Mr. TYDINGS. There is no discre-
was leading in this field when it was not
within the same State or possession (not
tion. Licensing is mandatory. There is
chic. I wish him luck now that he has
including the Canal Zone), but through
no discretion.
more popular support and would hope
any place outside thereof; or within any pos-
However, of course, if the Secretary
that we would get the bill through to
session or the District of Columbia.
prompt enactment.
(3) The term "firearm" means any weapon
finds a false affidavit, that the applicant
(including a starter gun) which will or is
was in fact, a felon, was convicted of a
Mr. TYDINGS. I thank the distin-
designed to or may readily be converted to
misdemeanor involving violence, or was
guished Senator from Rhode Island for
expel a projectile by the action of an ex-
institutionalized because of alcoholism,
his courtesy, and also for his own leader-
plosive; the frame. or receiver of any such
11-
or narcotics addiction, or is a juvenile
ship and help in this vital area.
weapon; or any firearm muffler or firearm
or an alien then, of course, the applicant
Mr. President, I ask unanimous con-
silencer.
I,
will not be licensed.
sent that a series of articles and edi-
(4) The term "indictment" includes an
torials published in yesterday's Los An-
indictment or an information in any court
Mr. BREWSTER. My distinguished
colleague is a former U.S. attorney, and
geles Times, be printed in the RECORD at
under which a crime punishable by im-
prisonment for a term exceeding one year
he has had a great deal of experience in
the conclusion of my remarks.
may be prosecuted.
prosecuting criminals. If this bill is en-
The PRESIDING OFFICER. Without
(5) The term "ammunition" means any
acted into law, will it not make it easier
objection, it is so ordered.
projectile or other device designed to be
for all law-enforcement officers to ap-
(See exhibit 2.)
expelled by any firearm.
prehend a criminal where a firearm has
EXHIBIT 1
(6) The term "Secretary" means the Secre-
been used in committing a crime?
S. 3634-THE GUN CRIME PREVENTION ACT
tary of the Treasury or his delegate.
(7) The "United States" includes the sev-
to
Mr. TYDINGS. There is no question
An act to disarm lawless persons and assist
eral States, the Commonwealth of Puerto
that the Senator is absolutely right.
State and Federal enforcement agencies in
Rico, the District of Columbia, Guam, the
This legislation will be a tremendously
preventing and solving gun crimes by re-
Virgin Islands, the Canal Zone, and Ameri-
effective tool for investigation and, of
quiring registration of all firearms and li-
can Samoa.
course, even more important, it will
censes for purchase and possession of fire-
(8) The term "State" includes each of the
keep guns out of the hands of those who
arms and ammunition; and to encourage
several States, the Commonwealth of Puerto
1e
should not have them. Hopefully, be-
responsible State firearms laws, and for
Rico, the District of Columbia, Guam, the
other purposes
cause of the purchasing provision, many
Virgin Islands, the Canal Zone, and Ameri-
Be it enacted by the Senate and House of
can Samoa.
guns will be turned in and destroyed.
Representatives of the United States of
(9) The term "felony" means any crime
Thus, some of the unwanted guns float-
America in Congress assembled: That this
punishable, under the laws of the United
ing around this land of ours today will
Act may be cited as the "Gun Crime Preven-
States, a State, or any political subdivision
go out of circulation and not fall into
tion Act of 1968".
thereof, for a term of imprisonment of one
the wrong hands.
TITLE I: FINDINGS AND DECLARATIONS
year or more.
Mr. BREWSTER. Again, I congratu-
SECTION 101. The Congress hereby finds
(10) The term "misdemeanor" means any
late my distinguished colleague.
and declares—
crime punishable, under the laws of the
Mr. TYDINGS. I thank my distin-
(a) That crimes committed with guns
United States, a State or any political sub-
guished colleague from Maryland.
threaten the peace and domestic tranquility
division thereof, for a term of imprisonment
Mr. PELL. Mr. President, will the
of the citizens of the United States, and
of less than one year.
threaten the security and general welfare of
(11) The term "Owner" means any person
Senator from Maryland yield?
Mr. TYDINGS. I yield.
this nation, and its people; and
who claims lawful title to a firearm.
(b) That the unregistered and unregu-
(12) The term "to transfer" and its forms
Mr. PELL. I rise merely to congratu-
lated circulation of firearms in the United
means to sell, assign, pledge, lease, loan, give
late the junior Senator from Maryland
States increases the number of crimes com-
away, or otherwise cause the lawful title or
on the leadership he has shown in gun
mitted with firearms; and
rightful possession of a firearm to vest in an-
control legislation, the leadership he
(c) That firearms crimes-which amounted
other. The term "transferor" shall mean a
showed before it was as popular as it
to more than 6500 murders, 43,500 firearms
person who transfers, and the term "trans-
is at this moment, the leadership he
assaults, and 60,000 firearms robberies in
feree" shall mean a person in whom the law-
has shown when he was defeated in
1966 alone-have created a substantial bur-
ful title or rightful possession of a firearm
den on interstate commerce; and
vests when a transferor transfers a flirearm,
some of the amendments he earlier
(d) That fear of firearms crimes dis-
except that neither the term "transferor"
offered and supported, and the leader-
courages citizens from travelling between the
nor "transferee" shall apply to a person who
ship he has shown when many letters
states to conduct business or to visit national
claims lawful title or rightful possession of
of criticism were coming in against
shrines and monuments, including the na-
a firearm as (a) a common carrier licensed
those of us who supported more restric-
tion's capital; and
pursuant to the law of any state or of the
tive amendments, and very few letters
(e) That, in view of the ease with which
United States engaged in the lawful trans-
of support were being received.
firearms may be concealed and transported
portation of such firearm, or (b) a trans-
across state lines, individual state action to
feree whose possession of such firearm is for
Now we find that the situation is some-
what changed. I am glad that it looks as
regulate firearms is made ineffective by lax
a lawful purpose and is occasional, brief, and
if the Senator will meet with success.
regulation in other states and, accordingly,
subject to immediate termination upon the
national legislation establishing minimum
demand of a person who claims legal title
I have one technical question. I speak
standards for the registration and regulation
or rightful possession.
as a director of the Fort Ticonderoga
of firearms is necessary to permit effective
TITLE III: REGISTRATION
Museum, which houses many old guns
state action.
Sec. 301, Registration of firearms.-Every
and firearms. Is there a cutoff date in the
(f) That crimes committed with guns
firearm shall be registered as prescribed by
bill with regard to the age of weapons?
have disrupted our national political proc-
section 202 or 203 of this Act.
Mr. TYDINGS. There is no cutoff date.
esses, and threaten the republican form of
Sec. 302. Registration of existing or im-
All firearms would have to be registered.
government within the states as guaranteed
by Article IV of the Constitution;
ported firearms.-Every person owning a fire-
arm in existence in the United States upon
Reproduced at the Richard Nixon Presidential Library and Museum
7082
CONGRESSIONAL RECORD - SENATE
June 12, 1968
the effective date of this Act and every per-
alcoholic, a narcotics addict, or mentally in-
(a) The provisions of Title III of this Act
son importing a firearm into the United
competent.
shall not apply to a resident of any state
(v) he is a citizen of the United States.
which enacts legislation requiring registra-
States subsequent to the effective date of this
(2) be signed by the applicant who shall
tion, including at least the information re-
Act, at the time of importation, shall submit
in person or by mail to the Secretary of the
swear or attest to the truth of all statements,
quired by that title, of firearms in the pos-
Treasury or his designee of a certificate which
information and material provided therein.
session of such resident; and provides the
(3) include by a photograph and finger-
same penalties as are provided by this Act
shall include:
prints of the applicant. Such photograph and
for violation of that title.
(A) the name, age, address, and social secu-
fingerprints shall be obtained in such man-
(b) The provisions of Title IV of this Act
rity number, if any, of the person owning or
importing, as the case may be, such firearm;
ner as the Secretary shall by regulation pre-
shall not apply to a resident of any state
which enacts legislation requiring licenses as
and
scribe.
(B) the name of the manufacturer, the
(4) contain such additional information,
prerequisite to the possession by such resi-
regarding the applicant, including without
dent of firearms or ammunition, provided
caliber or gage, as appropriate, the model and
the type, and the serial number identifica-
limitation, birth date and place, sex, height,
that such legislation requires at least the
weight, eye and hair color, and present and
same statements, materials and information
tion, if any, of the firearm;
Except that registration of firearms existing
previous residences, as the Secretary shall
from any license applicants as are specified
in the Untied Sttaes upon the effective date
by regulation prescribe.
by that title, and provides the same penalties
of this Act shall be accomplished within one
SEC. 404. Return of firearms license.-
as are provided by this Act for violation of
year of such date.
Whenever a person has obtained a firearms
that title.
license under this title and is convicted
SEC. 603. Partial exemption for a State.-
SEC. 303. Registration of firearms trans-
of any felony or any misdemeanor involving
The Governor of a State may certify to the
fers.-Every transfer of any firearm in the
United States shall be registered by submis-
actual or attempted physical harm to himself
Secretary that application of section 403 (b)
(3) of this Act to residents of that State,
sion within five days from the date of such
or to another, or committed to an institu-
transfer by both the transferor and transferee
tion on the ground that he was an alcoholic,
or some part thereof, is not practicable and,
of certificates in person or by mail to the
a narcotics addict, or mentally incompetent,
upon receipt of such certification, the Secre-
Secretary of the Treasury or his designee,
in or by a court of the United States or in
tary may grant to such residents exemption
or by a court of any state or political sub-
from the application of such provision.
which shall each include the following in-
division thereof, or is no longer a citizen of
TITLE VII: PENALTIES
formation:
(A) the name, age, address, and social
the United States, such person shall return
SEC. 701. (a) Whoever knowingly and will-
security number, if any, of both the trans-
the firearm license to the Secretary; willful
fully makes a false statement on any regis-
feror and transferee of such firearm.
failure to do so shall be punishable by a
tration certificate or firearms license appli-
(B) the name of the manufacturer, the
fine of not more than $10,000 or imprison-
cation submitted under this Act shall be
caliber or gage, as appropriate, the model and
ment for not more than ten years or both.
deemed to have violated the provisions of
the type, and the serial number identifica-
The firearms license of such person may be
section 1001 of title 18 of the United States
tion, if any, of the firearm.
reclaimed by the Secretary.
Code.
SEC. 304. Reporting lost or stolen fire-
SEC. 405. Wrongful use of firearms li-
(b) Whoever possesses, transfers or receives
arms.-The loss or theft of any firearm shall
cense.-No person shall willfully convey or
any firearm or ammunition in violation of
be reported by the person from whose pos-
otherwise furnish to another person any fire-
the provisions of this Act shall be fined not
session it was lost or stolen, within 30 days
arms license which may have been issued
more than $10,000 or imprisoned not more
after such loss or theft is discovered, to the
to himself, or to & third person, as provided
than ten years or both.
Secretary of the Treasury or his designee.
in this title, in order to evade or obstruct
(c) Whoever intentionally obliterates, or
Such report shall include such information
the provisions of this Act. Violation of this
otherwise defaces or alters the serial number
as the Secretary by regulation shall pre-
section shall be punishable by a fine of not
identification of any firearm shall be fined
scribe, including without limitation the date
more than $10,000 or imprisonment for not
not more than $10,000 or imprisoned not
and place of the theft or loss.
more than ten years, or both.
more than ten years or both.
TITLE v: ILLEGAL AND UNWANTED FIREARMS
(d) Any firearm or ammunition involved
TITLE IV: LICENSES
in, or used or intended to be used in, any
SEC. 401. Firearms and ammunition posses-
SEC. 501. Illegal firearms.-Every firearm,
violation of the provisions of this Act, or a
sion.-One year from the effective date of
importation of a firearm or transfer of a
rule or regulation promulgated thereunder,
this Act, no person shall possess any firearms
firearm not registered in accordance with pro-
or violation of any other criminal law of the
or ammunition unless he shall have a firearms
visions of this Act shall be deemed to be con-
United States, shall be subject to seizure and
license issued by the Secretary of the Treas-
traband and shall be subject to seizure and
forfeiture and all provisions of the Internal
ury, or, pursuant to Title VI of this Act, by
forfeiture. All provisions of the Internal Rev-
Revenue Code of 1954 relating to the seizure,
the official designated by law of the state of
enue Code of 1954 relating to the seizure,
forfeiture, and disposition of firearms, as de-
which he is a resident.
forfeiture and disposal of firearms, as defined
fined in this Act, shall, so far as applicable,
SEC. 402. Firearms and ammunition trans-
in this act shall, as far as applicable, extend.
extend to seizures and forfeitures under the
fers.-On or after the effective date of this
to seizures and forfeitures under this act.
provisions of this Act.
Act, no person shall be transferor or trans-
SEC. 502. Unwanted firearms.- Any per-
TITLE VIII: MISCELLANEOUS
feree of any firearms or ammunition unless
son who owns a firearm required to be regis-
the transferee has and displays in person or
tered under the provisions of this Act and
SEC. 801. Records.-The Secretary shall es-
by mail, to the transferor a firearms license
who
tablish and maintain records of the informa-
issued by the Secretary of the Treasury or,
(1) elects, within a year from the effective
tion submitted pursuant to this Act.
pursuant to Title VI of this Act, by the
date of this Act, not to register the firearm
SEC. 802. Secretary to cooperate.-The Sec-
official designated by law of the state of which
in accordance with Title III of this Act, or
retary shall cooperate with the state and
the transferor is a resident.
(2) does not obtain a firearms license as
local law enforcement officers in making
SEC. 403. Application and issuance.-
provided in Title IV of this Act, or
available to them under appropriate safe-
(a) The firearms license referred to in sec-
(3) otherwise desires to dispose of such a
guards information gathered as a result of
tions 401 and 402 of this title shall be issued
firearm may dispose of the firearm at such
the registration and licensing provisions of
to an applicant by the Secretary only upon
place as may be designated by the Secretary
this Act and shall undertake to establish re-
receipt of written application which contains
of the Treasury and receive therefor a rea-
ciprocal channels of information with the
each statement, all information and materi-
senable value.
states to carry out the purposes of this Act.
als, and otherwise complies with subsection
SEC. 803. Rules and regulations.-The Sec-
(b) All firearms acquired by the Secretary
(b) of this section.
pursuant to this section shall be destroyed,
retary may prescribe such rules and regula-
(b) Such application shall:
tions as he deems reasonably necessary to
except that such firearms as are determined
(1) state that
by the Secretary to have unique historic or
carry out the provisions of this Act. The Sec-
(i) the applicant is at least 18 years of
retary shall give reasonable public notice,
technological value may be preserved for ap-
and afford to interested parties opportunity
age
propriate public purposes.
(ii) he has not been convicted of any felony
for hearing, prior to prescribing such rules
nor at the time of the application is he
TITLE VI: STATES RIGHT OF PREEMPTION AND
and regulations.
EXEMPTIONS
under indictment for commission of any
SEC. 804. Fees.-The Secretary may pre-
felony in a court of the United States or in
SEC. 601. State laws not preempted.-No
scribe reasonable fees to be paid by regis-
a court of any state or political subdivision
provision of this chapter shall be construed
trants under Title III and applicants for
thereof.
as indicating an intent on the part of the
licenses under Title IV of this Act to meet
(iii) he has not been convicted of any
Congress to occupy the field in which such
the expenses of carrying out the provisions
misdemeanor involving actual or attempted
provision operates to the exclusion of the
of this Act.
physical harm to himself or to another by a
law of any state or possession on the same
SEC. 805. Effective date.-This Act shall be
court of the United States or a court of
subject matter, unless there is a direct and
effective 180 days after the date of its enact-
any state or political subdivision thereof.
positive conflict between such provision and
ment.
(iv) he has never been committed to an
the law of the state or possession so that the
Sec. 806. Exemptions.-The provisions of
institution by a court of the United States
two cannot be reconciled or consistently
this Act shall not apply to the sale, other
or a court of any state or political subdivi-
stand together.
transfer, ownership or possession of any fire-
sion thereof on the ground that he was an
SEC. 602. States may preempt Federal law-
arm or ammunition to or by (A) the United
Reproduced at the Richard Nixon Presidential Library and Museum
968
June 12, 1968
CONGRESSIONAL RECORD - SENATE
S7083
S Act
or any department, independent estab-
weeks of recent rioting not a single gun was
the inmates have taken over. The guards are
state
lishment or agency thereof, (B) any State or
fired. In Japan no one at all may possess a
gone, the doors are open and everyone thinks
istra-
any department, independent establishment,
handgun, except police and military per-
the other person is sick.
Il IC-
agency or any political subdivision thereof,
sonnel.
Except for the charity wards where the
pos-
(C) any duly commissioned officer or agent
It would probably take a generation to
people are all shoved together on top of each
$ the
of the United States, a State or any political
achieve anything similar in this country.
other, the rest of the asylum couldn't look
$ Act
subdivision thereof, in his official capacity,
But we can start now with gun registration,
prettier. The buildings are all new and shiny,
or (D) any manufacturer licensed after the
reinforced by prison sentences and heavy
the equipment is the most modern in the
S Act
enactment of this Act under the provisions
fines for those who do not comply. Nothing
world, the grounds are green and decorated
state
of the Federal Firearms Act.
indeed should prevent any citizen from im-
with flowers. To look at it from the outside,
les as
SEC. 807. Appropriations.-There are hereby
mediately registering or surrendering a gun
you would think it is the ideal spot on the
resi-
authorized to be appropriated from the Treas-
to local authorities.
globe.
ury of the United States such sums, not
If automobiles, and even bicycles, can be
But inside, the patients are running amuck
the
otherwise appropriated, as may be necessary
registered, so can firearms. And those who
and no one seems to know what to do about
in addition to the fees collected under Sec-
choose to keep arms should pay necessary
it. Every time a doctor is called in to sug-
tion 804 of this Act to implement this Act.
fees for their registration.
gest a remedy for the chaos, the residents of
SEC. 808. Assistance to secretary.-When re-
In addition to increasingly frequent as-
the hospital shout him down. Besides, they
of
quested by the Secretary, Federal Depart-
sassinations, more than 5,000 Americans are
believe anyone who is trying to come up with
ments and agencies, unless such authority is
murdered by gunfire every year. That toll
new cures for their sickness must be crazy
te.--
revoked by the President, shall assist the
will continue unless Congress acts to pro-
himself.
) the
Secretary in the administration of this Act.
tect the public.
The United States is a very special type of
3(b)
SEC. 809. Separability.-If any provision of
The people must make certain that their
insane asylum in that all the inmates are
tate,
this chapter or the application thereof to any
concern is heeded. Effective gun control ac-
permitted to have guns, These guns are sold
and,
person or circumstance is held invalid, the
tion should be demanded of their repre-
right in the hospital or can be ordered by
ecre-
remainder of the chapter and the application
sentatives in the Senate and House as well
mail because when the hospital was built
tion
of such provision to other persons not sim-
as in state legislatures.
in 1775 the founders wrote it into the rules.
ilarly situated or to other circumstances shall
An aroused public can always outshout the
Every time someone wants to change the
not be affected thereby.
gun lobby.
rules, the gun-loving inmates cry that they
will-
SEC. 810. Administration.-The administra-
only want the guns to kill animals during
egis-
tion and enforcement of this Act shall be
RECREATIONAL HUNTING IN CANADA Is NOT
their recreation periods.
pli-
vested in the Secretary of the Treasury.
HAMPERED BY STRICT GUN CONTROL
The people who live on the Hill and repre-
be
SEC. 811. Construction.-Nothing in this
We believe that you would be performing
sent the inmates are afraid to do anything to
S of
Act shall be construed as modifying or affect-
offend the armed inmates, so they ignore the
ing any provision of-
a useful service in bringing to the attention
ates
(1) the National Firearms Act (chapter 53
of your readers the nature of the regulations
problem until there's a killing in the hospi-
governing the ownership and use of fire-
tal, at which time they all express horror
ives
of the Internal Revenue Code of 1954); or
that the inmates should be allowed to walk
of
(2) section 414 of the Mutual Security Act
arms in Canada, and by advocating similar
legislation for the United States.
around with guns.
of 1954 (22 U.S.C. 1934), as amended, relating
While there are differences in cultural and
Then they forget about it until the next
to munitions control; or
historical background, visitors from the
tragedy comes along.
(3) section 1715 of title 18, United States
Code, relating to nonmailable firearms.
United States will be much more impressed
Despite its beauty and size there have been
by the great similarities in social attitudes
many injustices committed in the asylum
(4) the Federal Firearms Act (Chapter 44
of title 18, United States Code)
between the two peoples
against the patients. For 100 years, the black
Canadians
ned
find no difficulty in getting along quite well
patients were kept in isolation wards and
not
without handguns. In Canada all firearms
only permitted out to scrub the floors. They
EXHIBIT 2
got no treatment from the white doctors
must be registered and, apart from law en-
ved
[From the Los Angeles Times, June 11, 1968]
until recently when they became violent and
forcement, the military, and the confines of
any
THE RIGHT To CONTROL ARMS
licensed revolver clubs, it is almost impos-
insisted that if they were patients in the
r a
sible to own a handgun or a concealable
asylum they wanted the same rights as the
Out of their shock and sorrow at the
der,
other inmates.
shooting down of yet another national lead-
firearm.
the
The administrators of the asylum have be-
er, the American people are demanding strict
In order to obtain legal possession of &
and
latedly sought to improve the lot of the
gun control laws as never before.
handgun in Canada & permit must be issued
nal
black patients, but there has been a reluc-
No member of Congress, no state legisla-
and this is not easy to come by, only for
are,
tance amongst the other inmates to pay the
tor dare ignore public outrage at the in-
cause and on authority of the chief of police
de-
bill, particularly since the asylum is sup-
credible ease with which instruments of vio-
of the municipality. The applicant's back-
lence are obtained and used. Latest opinion
ground is first checked for a criminal record.
porting so many other insane asylums
around the world.
polls again show that the people are far ahead
In spite of this, the proportion of time, in
Up until recently the hospital was a model
of their leaders in favoring strong controls.
relation to population, spent by Canadians
for all other hospitals. But in the '60s people
The Times calls on President Johnson to
in recreational hunting probably far exceeds
veto the woefully inadequate firearms re-
that spent by citizens of the United States
everywhere have been watching it with hor-
ror and despair.
strictions recently voted by a timid Congress.
in this country. Moreover, a great many U.S.
The more affluent the hospital becomes the
He should take the lead in a fight for re-
citizens participate in game hunting in Can-
sicker the patients behave. The remedies pre-
ec-
straints far tougher than any previously
ada. There is absolutely no reason to believe
and
introduced.
that firearms legislation similar to that of
scribed for the illnesses are always given too
little and too late. And as in all insane
ing
Surely the tragic assassination of Sen.
Canada would endanger hunting as & sport.
fe-
As geologists, several of whom have worked
asylums, every person thinks the other pa-
Robert F. Kennedy will now exert a greater
tient is the one who should get the treat-
of
influence upon the Senate and House than
frequently in central and northern Canada
ment.
of
even the relentless pressure of the gun lobby.
as well as Alaska and elsewhere, we can at-
Nobody knows how many more doctors the
re-
Or will the National Riflle Assn. and its
test that the occasional need for a gun in
patients will shoot, nor how long the asylum
he
assorted comrades-in-arms again prevail, as
very remote areas for physical protection,
will survive before the inmates destroy it
they did after the murders of President Ken-
and the rather common need for one as a
once and for all.
ec-
nedy and Dr. Martin Luther King?
source of food, is enormously greater in Can-
la-
The Times believes that Congress, as 2
ada than in most parts of conterminous
FIREARMS CONTROL STRICTER ABROAD
to
beginning, must do no less than require the
United States.
e-
registration of every gun in the United
The control of guns does not eliminate
(NOTE.-The United States has the world's
ce,
armed crimes in Canada, but it could sim-
most lax gun control laws. It also has more
States and prohibit all interstate sale of fire-
arms.
plify law enforcement, and it could reduce
deáths by firearms than any other nation.
Laxness of U.S. gun controls is a national
tragic crimes of passion, of accident and of
To illustrate the contrast between our regu-
diagrace. The rest of the world can only
stupidity, or by the mentally incompetent.
lations and the tough restraints in other
wonder how a civilized society can tolerate
Signed by: Donald Carlisle, W. A. Dollase,
countries, Times correspondents Robert Toth,
SO obvious a threat to its safety.
C. A. Hall, L. S. Hollister, George C. Ken-
Don Cook and Don Shannon have filed re-
On the page opposite, the highly restrictive
nedy, N. G. Lane, C. A. Nelson, G. Oertel,
ports on gun laws in Britain, France and
et
J. L. Rosenfeld, W. W. Aubey, K. D. Watson
Japan.)
gun regulations imposed in Britain, France
ns
Japan are detailed by Times correspond-
and G. W. Wetherill, professors of geology
GREAT BRITAIN
And Canada's much more rational ap-
at UCLA.
Britain has a long history of firearms con-
be
prosch is described in a letter in the adjoin-
trol-and an enviably small number of
column.
THE INMATES HAVE FINALLY TAKEN OVER THE
deaths by shooting. Only 45 murders involv-
The result in all these countries is that
ASYLUM
ing guns were recorded in Britain and Wales
of
the rate of gun-caused deaths is far less
(By Art Buchwald)
last year as compared to the more than 5,000
than in the United States. So effective are
such slayings in the United States.
the French restrictions that during all the
To the rest of the world the United States
Even constables don't carry guns. De-
must look like a giant insane asylum where
spite the killing of three unarmed policemen
Reproduced at the Richard Nixon Presidential Library and Museum
7084
CONGRESSIONAL RECORD --- SENATE
June 12, 1968
in August 1966 in London, the Police Federa-
Anybody found in possession of a weapon
expeditiously as possible, to the end that
tion voted against being armed.
without one or the other of these permits is
a bill can be reported, brought to the
On the decision of local chief constables,
automatically arrested in France. He is sub-
floor of the Senate, considered, debated,
guns are issued to combat criminals known
Ject to varying degrees of jail sentence de-
and resolved in this body.
to be dangerously armed. But police have
pending on the circumstances and or ex-
agreed such decisions are taken only in "most
planations.
Again, I wish to commend the distin-
exceptional circumstances," says the Home
For example, if a gun is found during a
guished Senator from Maryland.
Office.
road-check of car papers, the motorist would
Mr. TYDINGS. I thank the distin-
Weapon controls for civilians are similarly
immediately be arrested.
guished majority leader.
strict. Restrictions are in three categories:
An individual cannot walk into a shop and
1-Guns which fire in bursts, i.e., sub-
buy a revolver without first obtaining a
machine guns, may be possessed only with
police permit. If he should then sell or trans-
LONG GUN CONTROL LEGISLATION
certificate of approval from the Ministry of
fer the weapon to somebody without a permit
Defense. Even police must have such certifi-
he would be in violation of the law. Serial
Mr. SYMINGTON. Mr. President, we
cates for holding weapons of this kind.
numbers and full identity of the weapons is,
must act now, and with firmness, to in-
2-Other weapons, including handguns and
of course, part of the police files.
sure that other tragedies do not follow
rifles but not shotguns, are covered by the
Hunting weapons are easier to obtain. But
in the wake of the present one that has
Firearms Act of 1937, which consolidated bits
they also are purchasable only with a hunt-
our country deep in sorrow.
and pieces of earlier law.
ing license, and can be transported only if
We have acted to protect our fellow
It is an offense to possess such weapons
such a license is in the possession of the
citizens from the indiscriminate sale of
without a certificate issued by the chief con-
person carrying the gun.
stable of one's locality. An applicant must
handguns. But that is only a halfway
JAPAN
show "good reason" for possession. "Self de-
measure; because it is known that crim-
fense is most unlikely to be considered a good
Possession of pistols, carbines and other
inals and other irresponsible people are
small guns is absolutely prohibited in Japan
reason," says the Home Office.
resorting more and more to the use of
Usually an applicant must show he is a
for anybody except police and military per-
sonnel.
rifles and shotguns to kill and maim.
member of an established rifle club with
Possession of such a small arm carries a
From their standpoint, this is logical be-
known facilities, or has an estate for hunt-
maximum penalty of five years imprison-
cause the latter can be used more safely
ing, or is & farmer who shoots rats and preda-
ment or 200,000 yen ($555).
at a long distance.
tory beasts, or a shopkeeper.
Penalty for unauthorized possession is
National police headquarters claim there
It is a fact that rifles and shotguns are
are never more than 50 pistols in circulation
maximum of three years in jail or 200 pounds
used in 30 percent of the homicides com-
illegally in Japan because of the vigilant
($480) fine or both.
mitted with firearms. Should we be con-
In 1965 S total of 220,000 certificates (per-
watch kept on this score. Biggest source
seems to be U.S. servicemen from Vietnam
tent, therefore, to protect only two-thirds
mits) had been issued for all England and
Wales, population about 50 million. There is
trying to finance their rest and recreation
of the people killed every year with fire-
here.
arms? Are we willing to sacrifice the lives
no reason to expect that the number has
Rifles and shotguns for hunting or target
of the other 30 percent?
increased since then; if anything, there are
fewer permits now than before, according to
practice must be licensed with the following
Twenty-five percent of our law en-
requirements placed on the license holder:
the Home Office.
forcement officers who are slain every
minimum age of 20 years, mental health
3-Shotguns were not controlled until the
year are killed with long guns. Can we
certified by a doctor (this requirement was
1967 Criminal Justice Act clause came into
afford to waste those lives?
briefly imposed on driver's license applica-
force May 1 this year. Although a certificate
tions but dropped because doctors made only
Is it not tragic irony that it was the
from a chief constable is needed, the con-
a cursory examination and collected their
distinguished Senator from Massachu-
stable must have reason for not giving &
fee); reasonable grounds for possession; if
setts, the brother of our late colleague,
permit. The penalty for illegal possession is
ever imprisoned, at least three years must
who commented but a few weeks ago that
six months and 200 pounds or both.
have elapsed since finishing prison term.
Controls on shotguns followed a rise in in-
the measure proposed went only part way
About 800,000 shotguns are licensed in
dictable offenses involving firearms in Eng-
along the path of a solution to the prob-
Japan and only 30,000 rifles. Shotgun
land and Wales in recent years, increasing
licenses are issued by chiefs of police sta-
lem; and who stated:
from 552 in 1961 to 2,337 in 1967.
tions; rifle licenses by chief of police of 8
Indeed, it amazes me that we continue to
Prior to the shotgun law coming into force,
prefecture, a jurisdiction corresponding to a
tolerate a system of laws which make it so
a three-month amnesty was held for return-
U.S. county,
outrageously easy for any criminal, insane
ing guns that had no certificate. A total of
Shotguns and rifles are licensed only for
person, drug addict or child to obtain lethal
25,088 were turned in, including 8,847 re-
use in hunting and target shooting areas.
firearms which can be used to rain violence
volvers and automatics, 4,340 rifles and 9,488
Someone who used his weapon to shoot tin
and death on innocent people.
shotguns, whose owners apparently didn't
cans on the beach or in some other area
Let US unite now to do that which
want to apply for permit. Most weapons were
not authorized for shooting would be subject
usable. There have been three other amnes-
to a two year sentence or a 50,000 yen ($139)
should have been done long ago: pass the
ties since World War II-1946 when 76,000
fine.
bill to provide effective controls over long
turned in, 1961 when 70,000 were turned in,
Nobody in Japan is allowed to possess a
guns and ammunition as well as over
and 1965 when 41,000 were returned.
knife or sword longer than 15 centimeters
handguns.
FRANCE
(7 inches) unless it is an antique certified
I have been much impressed by the
The French style of controlling firearms is
by the Cultural Properties Protection Com-
address on this subject delivered this
devastatingly simple and strict.
mission. Switch blades longer than six centi-
morning by the able Senator from Mary-
Tough weapons laws are the reasons for
meters (three inches) with a switch angle
larger than 45 degrees are also banned.
land [Mr. TYDINGS].
the rather remarkable phenomenon in the
last few weeks of continuing violence with-
Mr. MANSFIELD. Mr. President, will
out one shot being fired (except grenade
the Senator from Maryland yield?
ROBERT KENNEDY
launchers by the police).
Mr. TYDINGS. I yield.
As far as is known, not a gun was found
Mr. HOLLINGS. Mr. President, Robert
on any of the several thousand who were
Mr. MANSFIELD. Mr. President, I
Kennedy, dedicated to change, died in
rounded up by the police during this pe-
want to commend the distinguished Sen-
transit. When I met him in 1954, he was
riod. The only homicide in Paris during the
ator from Maryland for making the
shy and groping for problems to solve. At
demonstrations and fighting was a death
speech he has just completed and show-
death, he groped for solutions. Earlier
from stabbing.
ing the interest which he has demon-
he challenged labor racketeering, and
Personal arms, such as pistols or revolvers
strated time and time again in this par-
then, with his brother, developed the New
(apart from hunting weapons), can be pur-
ticular field.
Frontier. Working for civil rights, he
chased in France only on a police permit.
Two kinds of permits are issued. One is for
It is my belief that he has done a great
acted responsibly-but was chastised for
possession of personal weapons at home or
deal to remove some of the cobwebs at-
being too fast and too slow, The Presi-
office, if there is a special security problem
tached to the problem of gun control
dent's assassination sped civil rights to
and the police agree that this kind of added
legislation. He has set forth his views
reality and, still shy, Robert tried not to
protection is reasonable or desirable.
clearly, succinctly, and understandably.
become a candidate. The crowds, the
The other is a permit to carry a weapon-
I express the hope that the bill which
amenities, the tolerance of bias, and the
and this is almost impossible to obtain. Such
permits are issued only on the final authority
he has introduced, the others which have
indulgence of incompetence necessary to
of the Minister of the Interior himself, and
been introduced, as well as those which
politics was his last desire. Perhaps a
would apply only in very special cases of
are yet to be introduced, will be taken
Kennedy Foundation was the answer.
private citizens needing personal bodyguards.
up in the Committee of the Judiciary as
But no, this would only scratch the sur-
Reproduced at the Richard Nixon Presidential Library and Museum
Dodd-Tydings Proposa S Reproduced at the Richard Nixon Presidential Library and Museum
I. INTRODUCTION
from a small group of social workers (10) directly
In 1964 the American Bar Foundation undertook a
concerned with juvenile gangs.
preliminary inquiry into the criminal use of firearms
The results of the inquiry are set forth in the balance
and of legislation designed to control access to fire-
of this report. However, the report has certain limita-
arms. The aims of this inquiry were to explore the de-
tions that should be emphasized. While the compara-
sirability of more extensive work on the subject and
tive study of statutes and state constitutions is com-
to suggest productive patterns for further research.
plete and current, the information about relevant facts
To accomplish these aims information was sought
and estimates of the effectiveness of existing laws is
on the following topics:
fragmentary and to an important extent conjectural.
No attempt was made to carry out the kind of system-
a) A description of the problem itself-the use
atic field research that is necessary for making more
of firearms in the commission of crime
reliable estimates of regulatory effectiveness. How
b) Existing laws regulating firearms
such information might be obtained is set forth in the
c) The effectiveness of existing laws and prob-
section "Suggestions for Further Research." We
lems in their enforcement
should emphasize that the results of our inquiries do
d) Suggestions for changes in existing laws and in
not constitute scientific sampling and do not represent
their administration
a consensus. They do, however, present a spectrum of
Information has been gathered by two methods.
opinion from those concerned with the present situa-
First, a review of the relevant provisions of the fed-
tion and with proposed solutions. As such, they are
eral and state constitutions and statutes was made by
useful in the framing of questions for more intensive
standard library techniques. Because most gun regu-
consideration of the problem.
lation is state law, our inquiry focused there. The
Because many questions pertinent to intelligent fire-
search concerned legislation regulating the acquisition,
arms legislation remain unanswered, the Foundation
possession, and use of firearms of different types and
has not undertaken to draft a model firearms law or
extended to legislation through July 1, 1966. This
laws or even to suggest the general form such legisla-
material has been prepared in chart form and appears
tion might take. Our study does, however, lead us to
in Appendix B. Certain commonly encountered stat-
the tentative conclusion that regulation short of the
utory provisions will be discussed in the text. A similar
intensive controls involved, for example, in liquor
search was performed on state constitutions; the perti-
legislation is likely to be little more than formality. Of
nent sections are set out in Appendix A and also dis-
course, it is for a legislature or lobbyist, not a research
cussed in the text.
foundation, to make the value judgments inherent in
Second, information of a factual nature was ob-
the regulation of firearms. Nevertheless, it does seem
tained through personal interview and mail question-
clear that no really effective legislation is possible
naire from 47 police officials and 29 public prosecu-
without major alteration in present social and political
tors. We sought their opinions on how to deal with
priorities. For example, to be effective, regulation of
the problem, the incidence of firearm use in perpetrat-
firearms would necessarily entail a substantial degree
ing crimes, the effect of easy access upon the use of
of inconvenience to hunters, sportsmen, and other
firearms in committing crimes, the effectiveness of
legitimate users of firearms. No one contests the
existing regulations, and the prospects for success of
existence of such inconvenience; opponents of control
proposed firearm legislation. In addition, more de-
contend it is unendurable, while proponents of con-
tailed information about one phase of the incidence of
trol argue that it must be tolerated as a necessary
criminal use of firearms in large cities was received
concomitant of effective regulation.
Reproduced at the Richard Nixon Presidential Library and Museum
2
II. THE NATURE OF THE PROBLEM
or that the data, if recorded, are accessible only by a
document-by-document search.
A. FREQUENCY OF USE OF FIREARMS IN CRIMES
There are no comparable and reliable national,
C. NUMBER OF GUNS IN CIRCULATION
state, or municipal statistics on the number of crimes
in which firearms are utilized. Such figures as are
How many guns are being talked about in the pro-
available indicate that 25 to 50 per cent of the willful
posals for control of firearms? Nobody knows. In
homicides are committed with firearms.¹ Similar per-
fact, it is doubtful if anyone can even make a reason-
centages appear to be applicable for other crimes that
ably close estimate. The best that can be done is to
are customarily committed with the aid of weapons.
draw inferences from certain relevant but inconclusive
It must be stressed, however, that the sparsity of rele-
data on the periphery of the question.
vant record keeping practices makes it impossible to
1. Registrations. In some of the nation's largest
state with confidence the frequency of criminal use of
cities, ordinances require registration of firearms.
firearms as distinguished from the use of other deadly
Leonard P. Reisman, Deputy Commissioner of the
weapons such as knives and blunt instruments.
New York City Police Department, told the Senate
In terms of quantity, the use of firearms in criminal
Commerce Committee (January 30, 1964) that in
activities is chiefly an urban problem. Police and
1963 New York City's gun register included 17,000
prosecutors from cities expressed much more concern
pistols. Statistical reports from the Detroit Police De-
with the problem than those from rural areas. It is
partment show about 3000 licenses to purchase fire-
probable that this difference results from the much
arms issued annually in recent years. In Chicago,
greater volume and frequency of crimes of all types
registration of firearms totaled 4658 in 1964.
experienced by enforcement officials in urban areas
2. Confiscations. In New York City, Reisman in-
rather than from a difference in frequency of criminal
formed the Senate, 5461 pistols were received by the
use of firearms in the city compared with the country.
property clerk in 1963; most of these were unregis-
tered. In Chicago the confiscation rate is approxi-
B. TYPES OF FIREARMS USED IN CRIME
mately 100 a week.
It has been generally argued by the proponents of
When the number of confiscations is compared with
a gun regulation that the handgun is the type of firearm
the number of registrations, the inference is inescap-
most often used by the criminal and therefore con-
able that the fraction of total firearms represented by
stitutes the most serious problem for law enforcement.
registered weapons is quite small. Notwithstanding
No dispositive evidence has been discovered on this
their formally strict registration ordinances, the Chi-
point, but our responses from prosecuting attorneys
cago police are able to confiscate in a year more illegal
tend to confirm it. Urban prosecutors were unanimous
weapons than are registered; the New York police
in the view that handguns constitute the most serious
confiscate pistols at a rate that would exhaust the
problem in terms of frequency of use. Most of the
number registered in, if the figures are taken at face
rural prosecutors were unable to say which type of
value, something like three years. And it seems almost
firearms was more often used (they reported low fre-
certain that the police find in any given time interval
quencies of crime with any weapon), but some sug-
only a fraction of the total unregistered weapons in
gested shoulder weapons were used more frequently
circulation in the community.
than handguns in crimes in the rural areas. Because
Although it seems indisputable that the registered
most crimes are committed in metropolitan areas, the
firearms constitute only a fraction of the guns actually
view of enforcement officials in the cities that hand-
in circulation in any community no matter how re-
guns represent the greatest danger would seem to be
strictive the regulatory legislation, the unanswered
the "national" view. Hence, truly reliable information
question is how big a fraction. We have seen nothing
could be generated only by original-and expensive-
on which to base even an educated guess. Testimony
field studies.
and opinion from knowledgeable people usually takes
Like the frequency of criminal use of all firearms,
the form of such non-quantitative expressions as
this is a question that could be resolved by careful
"huge," "enormous," and "staggering." These evalua-
field research. Unfortunately, our inquiry shows that
tions are suggestive though not very informative.
police records do not disclose the type of firearm used
3. Sales. Another clue to the magnitude of the
problem is sales. Here again, records are unavailable
1 New York City Police Department Press Releases, No.
or inadequate-containing only shreds of informa-
17, Feb. 25, 1963; No. 18, Feb. 29, 1964. California Bureau
tion. For example, former Attorney General Katzen-
of Criminal Statistics, Criminal Homicide in 1960. Also stud-
ies in Baltimore for the year 1960 show that firearms were
bach reported to the Senate Subcommittee on Juve-
used in 36% of the homicide cases.
nile Delinquency (May 19, 1965) that one million
Reproduced at the Richard Nixon Presidential Library and Museum
3
dangerous weapons were sold by mail order alone in
lem with their gangs. Guns are sometimes used,
1963. How many were sold across the counter and in
primarily in planned gang fights. In the much more
private sales between individuals is not known. In
frequently encountered instances of spontaneous vio-
addition, large numbers of imported weapons enter
lence, the weapon at hand is the weapon used. Most
the country every year.
often, it is not guns that are used but rocks, chains,
4. Significance of the Large Number of Firearms in
knives, or other sharp instruments. Some social work-
Circulation. The large but indeterminate number of
ers expressed the belief that it is not the weapon which
firearms in circulation produces two reactions among
incites violence but the reverse: a felt need for vio-
those considering an extension of regulation. Some
lent activity produces the stimulus to acquire a
say that the number of guns to be registered, if a
weapon. In the experience of those questioned, regu-
restrictive law were diligently enforced, would be so
lation of firearms, insofar as it regulates the juveniles,
large that the administrative burden on police depart-
would be of little significant effect. When they do use
ments would disable the program. For example, re-
guns, the gang members don't buy weapons-they
quests for gun permits already exceed 100 a week in
"borrow" them, mostly from members of their fami-
most major cities, a total that would be greatly en-
lies. Unless society is prepared to limit severely the
larged if resources permitted a program of strict en-
availability of firearms to the population generally, we
forcement. Screening of requests for permits, if it
cannot look for any significant improvement in what-
were done seriously, would require an enormous
ever the firearm problem may be among juvenile
step-up from present regulatory effort.
gangs. Informed opinion indicates that juvenile gang
In Detroit, for example, only one in 75 requests for
violence and crime is caused primarily by factors other
gun permits presently is denied. It seems clear that
than easy access to guns.
either the screening is perfunctory, or undesirables
It does not follow, however, that because firearms
are not registering weapons, or both. Would the bene-
may not cause crimes that their widespread availabil-
fits of real efforts to compel registration and to screen
ity does not aggravate criminal conduct when it occurs.
registrants be worth the price? In the view of many
If many or most assaultive crimes, including homi-
law enforcement officers, the price is not too high.
cide, are committed with the "weapon at hand," then
They believe that even modest additional efforts to
general ready accessibility of guns increases the like-
control weapons would be worth the effort because of
lihood that guns rather than other weapons will be
their impact on crime.
used. And it seems hardly disputable that guns pro-
duce more effective injuries than other weapons-as
D. CAUSAL RELATION OF GUNS AND CRIME
the equipment of modern armies attests. If firearms
regulation is seen as a device for crime control-re-
A fundamental assumption of those who support
duction in the seriousness of crime-rather than
the drive for stricter regulation of firearms is the be-
simply a device for crime prevention, the case for
lief that easily available weapons are a stimulus to
regulation is clearly a strong one. In this perspective,
crime and that absence of the weapons would signifi-
it seems irrelevant that firearms control may not have
cantly reduce criminal activity. This assumption is
the effect of reducing the number of crimes, if it con-
much debated at conferences of law enforcement offi-
tributes to reduction in their seriousness.
cials, in legislative halls, and in the professional
journals. In our own inquiry we have discovered no
III. EXISTING LAWS ON FIREARMS
convincing evidence on the question. However, the
A. THE UNITED STATES CONSTITUTION
opinions of knowledgeable people suggest that con-
siderable caution be used in hypothesizing a close
The Second Amendment to the United States Con-
causal relation between firearms and the commission
stitution protects from infringement the right to bear
of crimes. In the published materials and in our in-
arms. "A well regulated Militia, being necessary to
terviews, there is a respectable body of opinion that
the security of a free state, the right of the people to
legal restraints on weapons have little effect on crime
keep and bear arms shall not be infringed." This
and criminals.
constitutional guaranty only invites and does not re-
Particularly interesting on this point were the re-
solve the essential questions concerning the validity of
plies to our questions of social workers dealing with
federal legislation restricting access to firearms. On
juvenile gangs. Juvenile gang members, although not
the very surface, there are these issues:
representative of the juvenile population, are among
Is the right dependent upon some connection with
the groups at whom restrictive gun legislation is di-
a militia?
rected. However, replies from the social workers indi-
Does the Second Amendment limit the power of
cate that firearms are not a particularly serious prob-
the states?
Reproduced at the Richard Nixon Presidential Library and Museum
4
How much regulation may be exerted before in-
B. STATE CONSTITUTIONAL PROVISIONS
fringement occurs?
What kinds of weapons are contemplated by the
The constitutions of 35 states guarantee the right to
term "arms" in the final clause?
bear arms (see Appendix A). Three states exactly
reproduce the terms of the Second Amendment; two
In addition to questions raised by the Second
others repeat its words with additions. (The Second
Amendment itself, constitutional objections could be
Amendment protects a right to "keep and bear arms"
raised to federal regulation of firearms as an inter-
-a greater right than that of merely "bearing arms.")
ference with the police powers reserved to the states.
Including those five states that closely or completely
Federal intervention extending beyond the regulation
follow the federal provision, there are seventeen states
of interstate shipment of firearms may be contested on
that guarantee the right to "keep and bear arms."
this ground.
While the state constitutional provisions are
It is not the aim of this report to analyze and inter-
broadly similar to that of the Second Amendment,
pret the federal Constitution on these questions.
there are significant variations. The right to bear arms
There is an ample if not consistently rewarding body
is stated as adhering to "the people" or "the citizens"
of literature on the question.²
in 22 states and only in 13 instances to the individual
(including Kentucky, which uses the phrase "all
2 Literature on the Second Amendment, regulation of
men"). In no state is the right formulated as one at-
firearms as interference with the police powers of the state:
taching unqualifiedly to individuals; all the guarantee
"Right to Keep and Bear Arms: A Necessary Constitu-
provisions refer in one way or another to the concept
tional Guarantee or an Outmoded Provision of the Bill
of defense of self and the state, or the maintenance of
of Rights?" 31 Albany L. Rev. 74 (Jan. 1967).
C. Bakal, The Right To Bear Arms (McGraw-Hill, 1966).
a militia. Rhode Island has what is probably the
A. T. Mason, "Supreme Court and Federalism," 44 Tex.
broadest provision-"The right of the people to keep
L. Rev. 1187 (July 1966).
and bear arms shall not be infringed." Nevertheless,
N. G. Rudman, "Incorporation Under the 14th Amend-
since the word "people" is used, it may be that the
ment-The Other Side of the Coin," 3 L. in Trans. Q. 141
(Summer 1966).
right accrues only to citizens acting in concert.
R. J. Rohner, "Right To Bear Arms: A Phenomenon of
The right to bear arms is associated with concepts of
Constitutional History," 16 Catholic U. L. Rev. 53 (Sum-
self-defense or defense of the state in 28 constitutions.
mer 1966).
Four of the states use the phrase "common defense,"
P. B. Feller and K. L. Gotling, "Second Amendment: A
presumably indicating that the right of individual
Second Look," 61 Nw. U. L. Rev. 46 (March-April 1966).
California Legislature Assembly and Interim Committee
self-defense is not what is contemplated. In the 12
on Criminal Procedure and Regulation and Control of
states the individual right to bear arms is expressly
Firearms, Sacramento, 1965.
linked to the individual right of self-defense as well
"Firearms-A Comparative Analysis of Proposed Fed-
as to the right of defending the state. Two state con-
eral Controls," 15 DePaul L. Rev. 164 (Autumn-Winter
stitutions expressly declare that the right to bear arms
1965).
"Firearms Legislation," 18 Vand. L. Rev. 1362 (June
shall not justify the organization of bodies of armed
1965).
men.
J. G. Fletcher, "Corresponding Duty to the Right of Bear-
The experience of Kentucky illustrates the reason
ing Arms," 39 Fla. B. J. 167 (March 1965).
why some state constitutions reserve the right of the
F. Frankfurter, "Memorandum on 'Incorporation' of the
legislature to regulate the carrying of weapons. The
Bill of Rights into the Due Process Clause of the 14th
Amendment," 78 Harv. L. Rev. 746 (Feb. 1965).
supreme court of that state struck down a law to pre-
W. J. Brennan, Jr., "Some Aspects of Federalism," 39
vent the carrying of concealed weapons as violating
N.Y.U. L. Rev. 780 (Summer 1964).
the constitutional provision that "the right of the citi-
"Federal Regulation of Firearms Sales," 31 U. Chi. L.
zens to bear arms in defense of themselves and the
Rev. 780 (Summer 1964).
state shall not be questioned." The Kentucky consti-
"Constitutional Law-Was It Intended That the 14th
Amendment Incorporate the Bill of Rights?" 42 N.C. L.
tution was subsequently amended by the addition of
Rev. 925 (June 1964).
these words, "but the general assembly may pass laws
W. O. Douglas, "Bill of Rights and the Free Society: An
Individual View," 13 Buffalo L. Rev. 1 (Fall 1963).
"Right To Bear Arms-A Study in Judicial Misinterpreta-
W. O. Douglas, "Bill of Rights Is Not Enough," 38 N.Y.U.
tion," 2 W.&M. L. Rev. 381 (1960).
L. Rev. 207 (April 1963).
P. B. Kurland, "Supreme Court and the Attrition of State
N.Y. State Legislative, Joint Committee on Firearms and
Power," 10 Stan. L. Rev. 274 (March 1958).
Ammunition, Report, Albany, 1962.
Illinois Legislative Council, "State Regulation of Fire-
"Law Year Symposium on the Bill of Rights," 48 Women
arms," report pursuant to proposal 444, sponsored by
L.J. 8 (Winter 1962).
Senator William J. Connors, Springfield, 1956.
"Bill of Rights: A Limitation on the Several States or the
3 Ky. Const. art 10, § 23 (1799). Bliss V. Commonwealth
Federal Government?" 2 W.&M. L. Rev. 437 (1960).
2 Litt. 90, Ky. 90 (1822).
Reproduced at the Richard Nixon Presidential Library and Museum
5
to prevent persons from carrying concealed arms."⁴
shotguns with barrel length less than 18 inches, sawed-
At present, eight states reserve to their legislatures
off shotguns, handguns with shoulder stocks, and
the right to prevent the carrying of concealed weap-
silencers or mufflers.
ons, and seven reserve the broader right to regulate the
The commerce power has also been the source of
manner of carrying or bearing arms. In the other states
federal control over firearms. The Federal Firearms
laws regulating the carrying of certain kinds of fire-
Act of 1938 requires licenses (easily and inexpen-
arms or carrying them under certain circumstances
sively obtainable) for firearms manufacturers, im-
have been held valid.⁵ Some courts have held, even in
porters, and dealers. It also prohibits shipment in
the absence of a specific power reserved by the state
interstate commerce of firearms which are sent to or
constitution, that legislatures can subject the right to
from convicted felons or fugitives from justice, fire-
bear arms to reasonable regulation. Others have held
arms which have been stolen, and firearms which have
that "arms" does not include the type of weapon the
had the serial numbers obliterated.
questioned enactment seeks to regulate.⁷
Postal laws prohibiting the mailing of concealable
weapons constitute another source of federal control.
C. ACTS OF CONGRESS
The National Firearms Act of 1934, administered
D. STATE LEGISLATION
by the Alcohol and Tobacco Tax Division of the In-
A review of state legislation, through July 1, 1966,
ternal Revenue Service, imposes federal regulation on
has been completed and its major provisions are
firearms under the taxing power.⁸ A prohibitive tax is
charted in Appendix B. It will be noted that state re-
placed on the manufacture and transfer of automatic
strictions on firearms take the forms of positive control
firearms, rifles with barrel length less than 16 inches,
on one hand and prohibitions on the other. For exam-
4 Ky. Const. Bill of Rights § 1.
ple, 30 jurisdictions require a license to carry a hand-
5 States where right to prevent carrying concealed weap-
gun on or about the person; 18 states require a permit
ons reserved to the legislature: Colorado: Colo. Const. art 2,
to carry a handgun in a vehicle; 22 states require a
§ 13. Kentucky: Ky. Const. Bill of Rights § 1. Louisiana: La.
license to sell handguns at retail; 9 require a waiting
Const. art 7, § 8. Mississippi: Miss. Const. art 3, § 12. Mis-
souri: Mo. Const. art 1, § 23. Montana: Mont. Const. art 3,
period between purchase and delivery; 19 require
$ 13. New Mexico: N.M. Const. art 2, § 6. North Carolina:
sales to be reported to law enforcement officials; New
N.C. Const. art 1, § 24.
York requires a permit for simple possession of a
States which reserve right to regulate the manner of car-
handgun, and Hawaii requires registration of hand-
rying or bearing guns to the legislature: Florida: Fla. Const.
guns and all other firearms regardless of type. Twenty-
Declaration of Rights, § 20. Georgia: Ga. Const. art 1, § 2-
122. Idaho: Idaho Const. art 1, § 11. Oklahoma: Okla. Const.
one jurisdictions have laws that prohibit the carrying
art 2, § 26. Tennessee: Tenn. art 1, § 26. Texas: Texas Const.
of a handgun on the person; South Carolina com-
art 1, § 23. Utah: Utah Const. art 1, § 6.
pletely prohibits the manufacture or sale of handguns.
6 States where reasonable regulation of right to bear arms
In addition, specified classes of persons, described in
held valid in absence of constitutional authority: Alabama:
43 of the statutes, are prohibited from possessing fire-
Jackson V. State, 37 Ala. App. 335, 68 So. 2d. 850 (1953).
arms, e.g., aliens, felons, minors, drug addicts, mental
Arkansas: Wilson V. State, 33 Ark. 557, 34 Am. R. 52 (1878).
California: People V. Ferguson, 129 C.A. 300, 18 P.2d. 741
incompetents.
(1933). Indiana: State V. Mitchell, 3 Black. 229 (1833):
Considerable variations in the pattern and degree
MacIntyre V. State, 170 Ind. 163, 83 N.E. 1005 (1908);
of control are found in the state legislation. The
Mathews V. State, 237 Ind. 677, 148 N.E. 2d. 334 (1958).
agency exercising the control also varies: permits and
Kansas: City of Salina V. Blaksley, 72 Kan. 230, 83 P. 619
licenses are administered by a city or county police
(1905). Michigan: People V. Zerillo, 219 Mich. 635, 189
N.W. 927 (1922); People V. Brown, 253 Mich. 537, 235
official or sheriff, by a state office of public safety, by
N.W. 245 (1931), Ohio: State V. Nieto, 101 O.S. 409, 130
a judge, a county clerk, a mayor, or a city or county
N.E. 663 (1920); Akron V. Williams, 113 App. 293, 177 N.E.
licensing office. A similar variety is found in respect to
2d. 802 (1960). Oregon: State V. Robinson, 217 Ore. 612, 343
type of weapon regulated. Among the definitions of
P.2d. 886 (1959). Pennsylvania: Commonwealth V. Kreps,
firearms found in the statutes are: "firearms with
25 Dauph. 335 (1922); Wright V. Commonwealth, 77 Pa.
470 (1875). Washington: State V. Krantz, 24 Wash. 2d. 350,
barrel less than eighteen inches" (or other length),
164 P.2d. 453 (1945); State V. Tully, 198 Wash. 605, 89
"pistol or revolver," "handgun," "concealable weap-
P. 2d. 517 (1939).
on," and "deadly firearms."
7 States where "arms" held not to include certain regu-
While this lack of uniformity in state legislation
lated weapons: Arkansas: Fife V. State, 31 Ark. 455, 25 Am.
presents an obvious problem in maintaining a strict
R. 556 (1876). Pennsylvania: Commonwealth V. Kreps, 25
control in any single state, the variety itself suggests
Dauph. 335 (1922).
8 26 USCA §§ 5801, 5802, 5811-5814 (1955) (Supp.
9 15 USCA §§ 901-909 (1963). June 30, 1938, C. 850,
1966). June 26, 1934, C. 757, 48 Stat. 1236.
52 Stat. 1250.
Reproduced at the Richard Nixon Presidential Library and Museum
6
different views among the states of the seriousness of
resources that would make other activities, such as
the firearms problems. Three uniform acts have been
crime detection, less effective.
proposed by the National Conference of Commission-
In the case of professionals, the objective would be
ers on Uniform State Laws, with very little response
to make it difficult for a person having known pro-
from state legislatures. 10 The likelihood of the
clivity to crime to obtain firearms. His past activities
adoption of strict uniform state legislation appears
serve as a warning signal that a weapon in his hands
highly doubtful.
is a danger to the community. With the amateur, no
such warning is available, making ineffective any
IV. ANALYSIS OF THE FIREARMS PROBLEM
licensing system designed to deter premeditated crime.
AND APPROACHES TO CONTROL
However, neither the professional nor the amateur is
likely to seek to obtain weapons in a way sanctioned
A. GOALS OF FIREARM CONTROL
by law if it requires bringing himself to the attention
of a licensing authority. Both would probably seek out
The reasons advanced for firearms control are
illegitimate sources. In that case, the law would have
usually (1) prevention of crime and (2) detection of
the greatest preventive effect upon the amateur: the
criminals.
professional would probably have the contacts to find
Two major types of crime require separate atten-
an illegitimate source; the amateur probably would
tion when considering the effectiveness of firearm
not.
legislation in preventing crime: premeditated crime
In addition to keeping guns out of the hands of
and the "heat of passion" crime. ("Premeditated" is
the man who has already decided upon his course of
used here not in its strict legal sense, which includes
crime, advocates of restrictive gun legislation believe
an almost instantaneously formed intention of crim-
that reducing the availability of weapons will remove
inal consequences, but in the popular understanding
one cause of crime. They hypothesize that the pres-
of a deliberately planned and executed crime.)
ence of guns induces the commission of premeditated
Markedly different courses of behavior are involved
crimes by persons who would lack courage without a
in these classes of behavior, and different patterns of
firearm. To be effective, assuming there is validity to
gun control statutes would seem necessary.
the hypothesis, legislation designed to diminish this
If gun control pursues the objective of prevention
danger would have to restrict severely the general
of premeditated crimes, the legislation must keep guns
availability of weapons. Since it is not presently pos-
out of the hands of both the professional criminal and
sible to anticipate what types of persons might be so
the occasional, determined amateur. The foregone
induced to commit crimes, it would be necessary to so
conclusion that 100 per cent effectiveness is impossible
restrict access to weapons as to severely reduce non-
does not warrant abandonment of the objective, but it
criminal uses of firearms.
does require a realistic appraisal of the prospective
Also to be considered is the likelihood that, if access
degree of success and an evaluation of the methods
to guns is eliminated, some persons will utilize other
that might be employed to achieve given levels of
weapons to carry out premeditated crimes. What may
effectiveness. Doubtless, severe restrictions on the
be the net result on frequency of premeditated crimes?
open market sale of firearms would tend to achieve
In the passionate crimes, we picture an individual
the desired goal. It would also cause an underworld
who, overcome by rage, seizes a firearm ready at
market to develop. It is possible, however, that a pro-
hand and shoots his victim. In many areas of the
gram of strict enforcement could make the cost SO
United States, guns are almost instantly available in
high and risk SO great as to have some deterrent effect.
homes, at hardware stores, sporting goods shops, or
It must be remembered, however, that the tight ad-
gunsmiths. It is quite possible that a seething rage
ministration and enforcement of such a law would be
would sustain some people through the minimal
very expensive. It might create a drain on available
difficulty of acquiring a weapon under these condi-
tions. It is quite probable that waiting periods or the
10 The Uniform Firearms Act (1930) was enacted in
red tape of getting a permit would discourage these
Alabama, District of Columbia, Pennsylvania, South Dakota,
people from acquiring guns. It does not necessarily
and Washington, and with modifications in California, Ha-
waii, Indiana, New Hampshire, North Dakota, and Rhode
follow that the crimes would not be committed. We do
Island, and superseded in 1940 by the Uniform Pistol Act.
not know how likely it is that such persons would
The Uniform Machine Gun Act (1932) was enacted in
turn to another weapon when a gun is not available.
Arkansas, Connecticut, Maryland, Montana, Ohio, South
Also we do not know how many crimes of passion are
Carolina, South Dakota, Virginia, and Wisconsin and with-
drawn as obsolete in 1954. The Uniform Pistol Act (1940)
committed by people who would have had a weapon
was enacted in New Hampshire and North Dakota and with-
under any reasonable laws restricting sale and pos-
drawn as obsolete in 1959.
session.
Reproduced at the Richard Nixon Presidential Library and Museum
7
It may be possible to devise very restrictive legisla-
a firearm is nonage, and this varies from 12 years to
tion that would have a significant preventive effect on
21.° Thus, legal restrictions in effect at place of resi-
both types of crime, but it would be extremely diffi-
dence are easily overcome. In the light of the growing
cult to do so while also accommodating the views of
mobility of our population, the percentage of un-
those who wish to protect the convenience of legiti-
registered firearms may grow.
mate gun users.
Uniformity would make the job of effective en-
If detection in criminal cases can be materially aided
forcement easier in any given jurisdiction, but unless
by strict gun registration, the question of the cost of
the uniform legislation meets the requirements of the
such improved detection must be considered. Assum-
most restrictive system now in effect, some areas will
ing that a gun has been used in a crime, detection
continue to experience circumvention. It does not
might be aided by the following gun control practices:
appear possible that all states would adopt a com-
a) If a gun register is maintained, it could be
posite of the most stringent systems now in effect.
searched to determine whether any of the sus-
Neither does it appear likely that those states or cities
pects own a gun of the type used.
that have stringent laws will relax them in the interest
b) If the weapon is found, gun sales records could
of uniformity. Although uniformity may not be attain-
identify the owner.
able, consideration should be given to the development
c) If ballistics records are kept on every gun
of a set of minimum requirements for recommendation
manufactured, identification from the bullet
to all the states.
could identify the gun and then the owner.
Two questions immediately arise. Do we presently
B. AN ANALYSIS OF VALUES TO BE CONSIDERED
have the scientific and managerial know-how to im-
The reasonably expected results of a particular pro-
plement such programs? And is there enough criminal
gram of gun control must be balanced against the in-
activity in which this sort of detection would be val-
convenience to legitimate users of firearms and against
uable to warrant the very large expenditure of money
limitation of the principles behind the constitutional
and time necessary to create and maintain the detec-
safeguard of the right to bear arms.
tion machinery? An affirmative answer can confidently
Similar considerations arise on the questions of ad-
be given to the first question, but further information
ministration. Benefits of uniform legislation must be
would be required in order to make a worthwhile
balanced against potential needs for variation because
judgment on the second.
of local conditions. A comparable value judgment
Assuming that only a law uniform among the states
must be made on the question of whether state or fed-
can be effective, can variations in pattern that may
eral control is preferable.
occur throughout the country be eliminated without
In this connection, the attitudes of certain prose-
an undue burden on the legitimate user or on the law
cutors toward a federal gun law may be of interest.
enforcement officials? For example, it is widely as-
We received the views of 29 prosecuting attorneys on
serted that handguns are the most serious problem.
the desirability of a federal law aimed at further re-
This appears to be the view of knowledgeable people
stricting interstate traffic in firearms (Table 1). Op-
in urban areas at least, although shoulder weapons
position was quite strong.
may be the more serious problem in less densely
As we might expect, among prosecutors support for
populated areas. Suppose that the vast majority of
federal legislation appears to be stronger in urban
rifles and shotguns in New York City are owned and
areas than in rural areas, and support for federal inter-
used by sportsmen: is it desirable to impose strict
vention is directly correlated with the local extent of
regulations there for the sake of uniformity with the
rural areas of Wisconsin, where rifles and shotguns
TABLE 1
may have accounted for more crime than pistols?
OPINIONS OF PROSECUTORS ON FEDERAL RESTRICTION
Evaluation must be made not only in terms of incon-
OF INTERSTATE TRAFFIC IN FIREARMS
venience to the non-criminal user but also in terms of
the administrative burden imposed on the law en-
JURISDIC-
forcement agencies.
TION OF
NO. OF
FEDERAL LAW
It is apparent that no state or city can now attain
PROSECU-
PROSECU-
TOR
TORS
Desired
Opposed
security from the dangers of easily accessible weapons
by requiring its citizens to get permits for the pur-
Rural
9
1
8
chase of firearms. Seven states presently require a
Rural-urban
9
3
6
permit to purchase firearms and all of them border on
Urban
11
5
6
states without such requirements. The only factor
which uniformly disqualifies a person from obtaining
TOTAL
29
9
20
Reproduced at the Richard Nixon Presidential Library and Museum
8
crimes involving firearms. But does the opinion of this
6. Makes unlawful a false statement by sender.
group of prosecutors help to chart a course for or
7. It is unlawful for a person to transport into or
against federal gun control? The answer depends upon
receive in any state a firearm acquired outside
the value choices discussed above. If uniformity is
the state of his residence where it would have
considered essential and desirable, if the interest of
been illegal for him to acquire such firearm.
society in controlling weapons is held to tip the balance
8. Any licensed importer, manufacturer, or deal-
against inconvenience to legitimate users, the results
er may not dispose of any firearm to any per-
of our inquiry suggest that those with the most experi-
son without ascertaining identity, date of birth,
ence would predict that the resulting legislation would
and place of residence.
have some beneficial effect on law enforcement.
9. Cannot sell to anyone under 21, except rifle or
shotgun, then under 18.
V. PROPOSED RESPONSES TO THE
10. Cannot sell to out-of-state residents, except
PROBLEMS OF FIREARMS REGULATION
shotguns and rifles.
11. Cannot sell where violative of state law.
A. FEDERAL ACTION
12. Provisions 9, 10, 11 do not apply between
In 1965 there was a bill before Congress designed to
licensed persons, or to cases covered by ship-
further regulate interstate traffic in firearms and to
ping requirements.
curb importation. At that time, Attorney General
13. Cannot sell to persons under indictment or
Katzenbach¹ stated that the purpose of the legislation
convicted of crime requiring 1 year or more,
was "merely, to help the states protect themselves
or to fugitive from justice. Such person can
against the unchecked flood of mail-order weapons
not ship, transport, or cause to be shipped or
to residents whose purposes might not be responsible
transported any firearms. Such persons cannot
or even lawful."
receive firearms in interstate commerce.
That bill died in committee and in January 1967
14. Requires notice on packages.
another bill was introduced, and is still pending. The
15. Shipper knowing or having reason to know of
provisions of the present bill:
above type violations may not deliver to one
1. Requires licensing of interstate importers,
who does not have license.
manufacturers and dealers; illegal to ship to
16. Prohibits traffic in stolen firearms.
other than aforesaid except return of a firearm
17. Prohibits traffic in firearms without a serial
to sender or replace same, or send firearms to
number.
any officer, employee, agent, or watchman
coming under 18 U.S.C. 1715.
The proposed federal law does not reach the ques-
2. Does not apply to shotguns or rifles (other
tion of who should be permitted to buy a weapon ex-
than short-barreled) suitable for sporting use
cept as to minors. It works primarily to lend local
and not military surplus, where the person to
officials support in whatever methods they may under-
whom it was mailed has submitted a sworn and
take for controlling accessibility of firearms within the
notarized statement in duplicate that he is 18
locality. If federal legislation remains restricted to this
or over, and not prohibited from receiving by
role, effectiveness still remains primarily a local
the act; that no local law is violated by the
matter.
shipment; and giving title, name, and address
What are the prospects for effective regulation at
of principal local law enforcement agent.
the state and local levels? We asked our list of selected
3. Shipper must forward by registered letter to
police officials if they believed a requirement of per-
the local officer the statement of the recipient
mits to purchase or possess firearms would be effec-
and information on the gun, not including
tive in preventing undesirables from obtaining guns.
serial number, and receive return receipt of
Twenty-two said yes. Twenty-two said no. When
letter or letter itself which has been refused
asked if such requirements would aid in criminal de-
and returned.
tection, 26 said yes and 19 said no. We also asked
4. Shipper must retain copies of statement and
what measures the police felt were necessary for fire-
letter.
arms control (see Table 2).
5. Governor may designate state official to receive
If this variation in the views of the police officials
local notice, or request discontinuance of local
who responded to our questions is an accurate re-
notice.
flection of views throughout the country (something
we do not know), we probably cannot look for sig-
11 Statement by Attorney General Nicholas deB. Katzen-
bach before the Subcommittee on Juvenile Delinquency of
nificant changes in the patterns of state and local law.
the Senate Committee on the Judiciary, May 19, 1965.
The net effect of the proposed federal law would be
Reproduced at the Richard Nixon Presidential Library and Museum
9
to require those who cannot now obtain weapons in
question them and to frisk them. 12 Such a practice
their own communities to expend a little more effort
by the police, in the absence of probable cause for
to acquire them elsewhere; with mail-order guns no
arrest, is presently illegal in most states. The practice
longer available, some travel would be required to
continues but results in confiscation of weapons
circumvent the laws. The resident in a city where
rather than conviction of those who illegally possess
permits are required would have to go to the suburbs.
them. Legislation allowing search upon reasonable
The resident of a state where permits were required
grounds for suspicion, the so-called "stop, question,
would have to resort to private purchases from citi-
and frisk" laws, has been adopted in several states.¹³
zens of other states. Federal limitations on interstate
There is some doubt about their constitutionality;
shipment would reduce accessibility to some degree,
they have not been tested in the U.S. Supreme Court.
but to what degree? Certainly, they would not deter
Power of the police to stop and search a person on
the professional criminal but would probably deter
reasonable suspicion that he is in illegal possession
the amateur criminal to some extent. Such provisions
of a weapon and, when they find such weapon, to
probably would have some limiting effect on the num-
present it as evidence in court might well provide a
ber of heat-of-passion criminals but much less on
significant deterrent to possession if possession itself
the premeditating criminal. The deterrent effect on
were made illegal.
Alternatively, the exclusionary rule that prevents
TABLE 2
the introduction of evidence obtained by illegal search
OPINIONS OF SELECTED POLICE OFFICIALS ON THE
could be relaxed as to illegal firearms, making pos-
ESSENTIAL ELEMENTS OF EFFECTIVE FIREARMS
sible a conviction for illegal possession. This has been
REGULATION
done in Michigan by amendment of the state consti-
tution, though the validity of this provision is in
doubt since the U.S. Supreme Court decision in
Number
Mentioning
Mapp v. Ohio, 367 U.S. 643 (1961). In the light of
Control Element
Mapp, an exception to the exclusionary rule which
Requirement of permit, license
would permit introduction into evidence of illegally
of examination to purchase
seized firearms would probably require congressional
firearm
12
legislation and conceivably amendment of the federal
Uniform state or federal law.
8
Constitution.
Registration
9
Adoption of either of these proposed methods
aimed at convictions for illegal possession of firearms
More severe penalties
6
would substantially avoid problems of inconvenience
Restriction on mail-order sales
3
to non-criminal users and limitation of the right to
Waiting period between purchase
bear arms in defense of home and society. Existing
and delivery
2
restrictions on possession and use of firearms would
probably not have to be materially enlarged in order
the amateur criminal and the perpetrator of a pas-
to make such a program of enforcement compatible
sionate crime would result from a reduction of the
with legitimate uses. In fact, the prohibition against
number of weapons in the hands of non-criminals and
all potential criminals.
12 W. LaFave, Arrest: The Decision To Take a Suspect
into Custody (Little, Brown & Co., 1965).
B. PROPOSALS AFFECTING ENFORCEMENT
13 Several states have enacted "stop, question, and frisk"
laws: New York, Code of Criminal Procedure, § 180 (a)
Another approach that directly reaches the criminal
and the six states that have adopted the Uniform Arrest Act
and potential criminal has been suggested by many
-Alabama A.157.1 (1967) (not yet codified); Col. Rev.
police officials and others familiar with the problems
Stat. Ann. 40.11.1 (1963); Del. Code Ann. tit. 11 §§ 462,
of criminal law and law enforcement. They assert
1902-1903 (1953); N.H. Rev. Stat. Ann. 594.2.3 (1955);
R.I. Gen. Laws Ann. $ 12.7.2 (1956); Utah H.150.1 (1967)
that, since restrictive firearm legislation has not been
(not yet codified). Court decisions in California and a few
and is not likely to be effective, police should be
other states indicate a recognition of this power in the police
allowed to stop and search suspects and their pos-
without statutes. See F. Remington, "The Law Relating to
sessions on the chance of illegal possession of firearms
'On the Street' Detention, Questioning and Frisking of Sus-
although there is no "probable cause" for arrest.
pected Persons and Police Arrest Privileges in General," 51
J.Crim. L., C. & P.S. 386 (1960); See also Note, 78 Harv.
The American Bar Foundation's empirical studies
L. Rev. 473 (1964); W. LaFave, "Detention for Investiga-
of criminal justice administration show that it is, in
tion by Police: An Analysis of Current Practices," 1962
fact, common practice now for the metropolitan po-
Wash. U.L.Q.-331 (1962); Note, 39 N.Y.U.L. Rev. 1093
lice to detain suspects, without probable cause, to
(1964).
Reproduced at the Richard Nixon Presidential Library and Museum
10
carrying concealed weapons might be the only lim-
munity attitudes toward crime in general and guns in
itation required. However, these measures to help
particular.
police enforcement would and do raise their own set
Even if it proved possible to devise comparisons
of problems. The individual's protected right against
that controlled some of these variables and reduced
unwarranted searches or interference with his personal
the number of factors extraneous to firearms, such a
property and privacy must be balanced against the
study would meet with a practical obstacle-the
desirability of increasing society's facilities for self-
absence of comparable records. At present, police
protection. A new and possibly more complicated
department reports do not, with rare exceptions, de-
value judgment must be arrived at.
tail the number and kind of offenses in which firearms
are used, nor do they distinguish among the various
kinds of firearms. Lack of uniformity in criminal sta-
VI. RECOMMENDATIONS FOR FURTHER
tistics and in police and court record keeping has been
RESEARCH
and continues to be a roadblock to useful research on
crime and the administration of criminal law. The
The American Bar Foundation finds the available
American Bar Foundation has encountered this ob-
evidence insufficient to warrant taking a position
stacle in a number of its studies: Narcotics and the
on the effectiveness of existing and proposed firearm
Law,¹⁴ Defense of the Poor,¹⁵ and The Administra-
legislation. It should be emphasized that this finding
tion of Criminal Justice in the United States. 16 Other
is made in the light of our activities as an organization
devoted to legal research and empirical research in
researchers have had similar experiences.
particular. It is not to say that there are not sufficient
In the absence of comparable records, the neces-
sary information on distribution and use of firearms
considerations to justify a legislative body in attempt-
ing changes on the basis of its responsibility to experi-
could be gathered only by the very expensive and
ment with social reform for the benefit of the com-
less reliable techniques of the field survey: question-
munity.
naires, interviews, and case by case search of records.
It seems doubtful that the information obtained
At first glance it would appear that the usefulness
would be worth the cost.
of a particular gun control statue could be readily
determined by empirical research. The presence of
Our conclusion is that high priority should be given
to the development of model forms for the use of
a variety of constitutional and statutory patterns
among the states would seem to create almost a lab-
police departments and courts in reporting informa-
oratory model for testing the effect of different regula-
tion about crime and criminal prosecution in order
tions. It would seem, for example, that comparison
to introduce a degree of uniformity which would
could be made between the incidence of the use of
make more feasible the use of the potential wealth
firearms in crimes in jurisdictions with tight control
of comparative information provided by our federal
laws and those which do little to restrict access to
system. Furthermore, we believe that when compara-
ble data become available it would be more profitable
guns.
However, two factors seriously restrict this pros-
to encourage efforts to increase knowledge about the
pective success of such a comparative study. The
causes and incidence of all types of crime, including
first, and most important, factor is the presence of a
in such studies an examination of the use of firearms,
number of variables which affect the rate of violent
as one among many factors, than to try to focus ex-
crimes apart from ease of access to guns. Other fac-
clusively on the criminal use of firearms.
tors almost certainly outweigh the presence of fire-
14 W. B. Eldridge, Narcotics and the Law 127-131 (Amer-
arms as a cause of crime: for example, New York has
ican Bar Foundation, 1962).
much stricter gun control laws and a much higher
15 L. Silverstein, Defense of the Poor in Criminal Cases
crime rate than neighboring Vermont. Among the
in American State Courts: Volume I, National Report 151,
175. (American Bar Foundation, 1965).
variables which must be considered are population
16 A. Sherry, The Administration of Criminal Justice in
size and density, economic conditions, degree of
the United States: Plan for a Survey 15 (American Bar Foun-
social, racial and religious homogeneity, and com-
dation, 1955).
Reproduced at the Richard Nixon Presidential Library and Museum
APPENDIX A
PROVISIONS OF STATE CONSTITUTIONS GUARANTEEING THE RIGHT TO BEAR ARMS
RIGHT OF LEGISLATURE
RIGHT LINKED TO
EXPRESSLY RESERVED
Right
RIGHT GRANTED TO
Mainte-
To Prevent
No Sanction
To Keep
Provision
Defense of
nance
The
To Regulate
Carrying of
for Bodies
& Bear
Indi-
"The
"The
the Same as
Self and
of
"Common
Carrying of
Concealed
of Armed
STATE
Arms
vidual
People"
Citizens"
2d Amendment
State
Militia
Defense"
Arms
Weapons
Men
Alabama
-
X
-
-
-
-
-
-
-
-
Alaska
X
-
X
X
-
-
X
-
-
-
-
-
Arizona
-
X
-
-
X
-
X
-
-
-
Arkansas
X
-
-
-
-
X
-
-
-
-
Colorado
X
-
-
-
-
-
-
Connecticut
-
-
-
-
-
-
-
-
-
Florida
-
-
-
-
-
X
-
-
-
Georgia
-
-
-
-
-
-
-
-
Hawaii
-
-
-
-
-
-
-
Idaho
-
-
-
-
-
-
-
-
Indiana
-
-
-
-
-
-
-
-
-
Kansas
-
-
-
-
-
-
-
-
-
Kentucky
-
-
-
-
-
-
-
-
-
Louisiana
-
-
-
-
-
-
-
Maine
-
-
-
X
-
-
-
-
-
Massachu-
setts
-
-
-
-
-
-
-
-
Michigan
-
-
-
-
-
-
-
-
-
Mississippi
-
-
-
-
-
-
-
Missouri
-
-
-
-
-
-
-
Montana
-
-
-
-
-
-
-
New Mexico
-
-
-
-
-
-
-
-
North Caro-
lina
X
-
-
-
-
-
-
-
Ohio
-
-
-
-
-
-
-
-
-
Oklahoma
-
-
-
-
X
-
-
-
Oregon
-
-
-
-
-
-
-
-
-
Pennsylvania
-
-
-
-
-
-
-
-
-
Rhode Island
X
-
-
-
-
-
-
-
-
-
South Caro-
lina
-
-
-
-
-
-
-
South Dakota
-
-
-
-
-
-
-
-
-
Tennessee
-
-
-
-
-
-
--
Texas
-
-
-
-
-
-
-
Utah
-
-
-
-
-
-
-
-
Vermont
-
-
-
-
-
-
-
-
-
-
Washington
-
-
-
-
-
-
-
-
Wyoming
-
-
-
-
-
-
-
-
-
11
Reproduced at the Richard Nixon Presidential Library and Museum
12
APPENDIX B
STATE LAWS REGULATING FIREARMS (AS OF JUNE 30, 1966)
The table on the following pages is intended to
omitted. Also, exceptions to the laws commonly made
show the general coverage of the law in a state or
for hunters, shooting club members, and travelers
states. It is not intended to give the precise require-
have not been noted in all cases.
ments of the law in a particular jurisdiction. Some
The numbers in parentheses refer to the notes listed
minor laws relevant to firearms control have been
below.
NOTES TO APPENDIX B
1. Applies to antiques also.
8. Applies to rifles with barrels less than 16
2. There is also a provision requiring a permit to
inches, shotguns with barrels less than 20 inches, or
carry any "dangerous weapon" inside any city or
any other concealable firearms except pistols or re-
borough.
volvers or antiques.
3. Applies only to pistols and repeating rifles.
9. Applies to all firearms.
4. Pistols and sawed-off shotguns or rifles.
10. Antiques excepted.
5. Applies to pistols only.
11. Applies to any firearm with an overall length
6. Except licensed adult hunters and hunters
less than 26 inches or a rifle with a barrel less than 16
over 16 while accompanied by an adult.
inches or a shotgun with a barrel less than 18 inches.
7. Applies to deadly or dangerous weapons.
12. Applies to concealable firearms.
Reproduced at the Richard Nixon Presidential Library and Museum
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
Definition of
Any firearm with
Firearms capable
Pistol or other
Pistol
Firearms capable of
Firearm with barrel
firearms covered
barrel less than
of concealment
firearm
concealment, except
less than 12", ex-
by law
12" except antiques
antiques
cept antiques
Carrying con-
Yes
Yes
cealed prohibited
Permit to carry
Sheriff (1)
Police
Police, sheriff, or
concealed must be
mayor
obtained from
Carrying pro-
With intent to
"As a weapon,"
With intent to
hibited
assault
except on journey
assault
or on own premises
Permit to carry
must be obtained
from
Permit to possess
required
Permit to pur-
chase required
Waiting period be-
48 hours
3 days
tween purchase &
delivery
Dealer licensed
Yes
Yes
Dealer required
Yes, sent to police
Yes, sent to police
to keep record
chief & public
& Bureau of Crimi-
of sale
safety director
nal Investigation
Persons to whom
Persons convicted of
Minors under 18
Non-citizens, drug
handguns may not
crimes of violence,
without parental
addicts, convicted
be transferred
habitual drunkards,
consent
felons, minors
drug addicts, minors
under 18
under 18, & persons
of unsound mind
Persons forbid-
Persons convicted
Persons under in-
Persons convicted
Non-citizens, drug
Convicted felons
den to possess
of crimes of vio-
fluence of drugs or
of crimes of vio-
addicts, convicted
a handgun
lence, habitual
alcohol; persons
lence
felons
drunkards, & drug
convicted of vio-
addicts
lent crimes
Persons forbid-
den to possess
any firearm
13
Reproduced at the Richard Nixon Presidential Library and Museum
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
14
Definition of
Firearm with barrel
Pistol or other
Any arms
Firearm with barrel
All firearms with
Concealable
firearms covered
less than 12"
deadly weapon
less than 15",
barrel less than
weapons
by law
pistol
18"
Carrying con-
Yes
Yes (5)
cealed prohib-
ited
Permit to carry
Police chief or
County super-
County police
County sheriff
concealed must be
commissioner of
intendent
chief (5)
obtained from
state police (2)
Carrying pro-
Yes (6)
With intent to
hibited
assault (7)
Permit to carry
Police chief or
County commis-
Local ordinary,
must be obtained
commissioner of
sioner (3)
$100 bond, &
from
state police (2)
sureties (5)
Permit to possess
Issued by county
required
police chief
Permit to pur-
Issued by county
chase required
police chief
Waiting period be-
Yes
tween purchase &
delivery
Dealer licensed
Yes
Yes
Yes
Yes
Dealer required
Yes, forwarded to
Yes
Registration sys-
to keep record
police
tem
of sale
Persons to whom
Aliens, minors
Minors, intoxicated
Minors under 18
Minors under 18
Minors under 20
Minors under 16
handguns may not
under 18
persons
without parental
(5)
without parental
be transferred
consent, persons
consent (7)
of unsound mind
Persons forbid-
Aliens & convicted
den to possess
felons
a handgun
Persons forbid-
Tramps
Tramps, minors
Convicted felons
Persons convicted
den to possess
Intoxicated per-
(4)
any firearm
of violent crimes,
sons (7)
addicts; aliens,
minors, fugitives
(6)
Reproduced at the Richard Nixon Presidential Library and Museum
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
Definition of
Firearms capable of
Concealable weapons
Concealable weap-
Pistol, revolver
Concealable weapons
Any firearm
firearms covered
being concealed
except antiques
ons, pistol, revol-
by law
ver
Carrying con-
Yes
Yes
Yes
Yes
Yes
cealed prohibited
Permit to carry
Sheriff
concealed must be
obtained from
Carrying pro-
Shotgun less than
With intent to or
With intent to use
hibited
18"
avowed purpose to
unlawfully (9)
injure others
Permit to carry
Police chief or
must be obtained
county sheriff (5)
from
Permit to possess
Rifles with barrel
required
less than 16", con-
cealable firearms
except pistol, re-
volver, antiques
Permit to pur-
chase required
Waiting period be-
48 hours (5)
tween purchase &
delivery
Dealer licensed
Yes (5)
Yes
Yes (8)
Dealer required
Yes, on conceal-
Yes, copy sent to
Must report sales
Yes (8)
to keep record
able firearms
police (5)
to county recorder
of sale
Persons to whom
Minors under 18,
Minors under 18,
Minors under 21
Minors, incapaci-
Minors
Mental institution
handguns may not
drug addicts, &
persons convicted
tated persons
patients
be transferred
certain felons
of crimes of vio-
lence, persons of
unsound mind,
habitual drunkards,
& addicts
Persons forbid-
Drug addicts, ha-
den to possess
bitual drunkards,
a handgun
certain felons,
minors
Persons forbid-
Citizens of
Enemy aliens
den to possess
countries with
any firearm
which the U.S.A.
15
is at war
Reproduced at the Richard Nixon Presidential Library and Museum
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
16
Definition of
Concealable weapons
Pistol, revolver,
Anything with a bar-
Firearm with barrel
All firearms except
Pistol, concealable
firearms covered
except antiques
rel less than 18"
less than 30"
collectors' items
weapon, rifle with
by law
barrel less than 16",
shotgun with barrel
less than 18"
Carrying con-
Yes (9)
Yes, except when
cealed prohibited
traveling, or fear-
ing for safety
Permit to carry
Police chief or
Police or commis-
County concealed-
concealed must be
city marchall
sioner of public
weapon licensing
obtained from
safety
board
Carrying pro-
With intent to
Sawed-off shotgun
If intent to use
With intent to use
hibited
injure (9)
unlawfully (9)
unlawfully
Permit to carry
By minors at night
Police or commis-
must be obtained
in certain coun-
sioner of public
from
ties (9)
safety
Permit to possess
required
Permit to pur-
Yes
Yes
Issued by police
chase required
chief (10)
Waiting period be-
7 days
tween purchase &
delivery
Dealer licensed
Yes
Yes
Dealer required
Yes
Yes, forwarded to
Yes, forwarded to
Yes, sent to police
Yes (5)
to keep record
police
Department of
commissioner
of sale
Public Safety
Persons to whom
Minors under 16
Unsound mind, mi-
Felons convicted as
Minors under 21,
Minors under 18
Drunks, minors
handguns may not
without parental
nors under 21, per-
possessors or users
persons residing
without parental
be transferred
consent
sons convicted of
of drugs, aliens,
less than 6 months
consent
crimes of violence,
minors
in state, felons,
fugitives, habi-
& persons of un-
tual drunkards,
sound mind
drug addicts
Persons forbid-
Felons
Persons convicted
Aliens, minors under
den to possess
of crimes of vio-
18 without parental
a handgun
lence, fugitives
approval, felons,
from justice, ha-
those convicted as
bitual drunkards,
narcotic users or
drug addicts
possessors
Persons forbid-
Vagrants
Tramps
Persons under in-
Tramps, college stu-
den to possess
fluence of alcohol
dents on campus
any firearm
or drugs
Reproduced at the Richard Nixon Presidential Library and Museum
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
Definition of
Concealable fire-
Handgun
Concealable fire-
Concealable weapons
Firearms less than
All firearms
firearms covered
arms
arms
with less than 12"
12" except antiques
by law
barrel
Carrying con-
Yes
Yes
cealed prohibited
Permit to carry
District court
Sheriff
concealed must be
judge
obtained from
Carrying pro-
With intent to
With intent to
hibited
assault
assault
Permit to carry
Mayor or police
Judge & police
must be obtained
chief
chief must approve
from
(1,1)
Permit to possess
required
Permit to pur-
Issued by county
For aliens &
Issued by police
chase required
clerk
convicted felons
Waiting period be-
7 days (11)
tween purchase &
delivery
Dealer licensed
Yes
Yes
Dealer required
All concealable
Yes, police must be
Yes
to keep record
weapons
informed of all
of sale
sales
Persons to whom
Minors without
Minors under 14
Minors under 18
Aliens or convicted
Persons convicted
handguns may not
parental consent
without parental
without parental
felons without
of any crime, nar-
be transferred
or instructor su-
consent or adult
special permit;
cotic addicts, minors
pervision
supervision
minors without pa-
under 18, alcoholics,
rental consent
mental patients
Persons forbid-
Persons under in-
Prisoners
Minors under 18
Minors under 14
Aliens or convicted
den to possess
fluence of alcohol
without parental
without parental
felons without
a handgun
or instructor su-
supervision,
special permit
pervision, felons,
aliens, felons
fugitives from jus-
tice
Persons forbid-
Tramps
Any person ever com-
den to possess
mitted to a mental
any firearm
institution without
certificate, persons
convicted of crimes
of violence, minors
under 18, narcotics
violators, addicts
Reproduced at the Richard Nixon Presidential Library and Museum
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
Definition of
Deadly firearms
Concealable fire-
Concealable fire-
Pistols, except an-
Pistol or revolver
Pistols
firearms covered
arms
arms
tiques
by law
Carrying con-
Only if loaded
Yes
Yes
Yes
cealed prohibited
Permit to carry
City & county
concealed must be
licensing offices
obtained from
Carrying pro-
Only if loaded or
Yes
hibited
with ammunition
Permit to carry
City & county
Judge, sheriff, or
must be obtained
licensing offices
police chief
from
Permit to possess
Issued by licensing
required
board
Permit to pur-
Issued by sheriff
chase required
Waiting period be-
tween purchase &
delivery
Dealer licensed
Yes
Yes
City option
Dealer required
Yes
Yes
Yes, must be for-
to keep record
warded to local
of sale
police
Persons to whom
Prisoners
Minors, prisoners
Minors under 17,
Minors under 17
Minors
handguns may not
drug addicts, habit-
be transferred
ual drunkards, per-
sons not bona fide
residents, persons
without permits to
carry
Persons forbid-
Minors under 16,
Minors under 17,
Tramps
den to possess
aliens
drug addicts,
a handgun
habitual drunks,
criminal offenders
Persons forbid-
Prisoners
Criminal offenders,
Tramps
den to possess
persons of unsound
any firearm
mind, tramps, riot-
ers
Reproduced at the Richard Nixon Presidential Library and Museum
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
Definition of
Concealable firearm
Rifle barrel less than
Firearm with barrel
Firearms less than
Firearms with barrel
firearms covered
with barrel less than
15", pistol with bar-
less than 26" except
12"
less than 12" except
by law
12" except antiques
rel less than 12",
antiques
antiques
shotgun with barrel
less than 24"
Carrying con-.
With intent to do
cealed prohibited
injury to another
Permit to carry
Sheriff, police
Police, sheriff
Police
Judge, police
concealed must be
chief, or marshall
chief, or sheriff
obtained from
Carrying pro-
Yes, except at
hibited
home
Permit to carry
Police
must be obtained
from
Permit to possess
Application for out-
required
of-state purchase
(12)
Permit to pur-
chase required
Waiting period be-
Next day
48 hours
72 hours
48 hours
tween purchase &
delivery
Dealer licensed
Yes
Yes
Yes
Yes
Yes
Dealer required
Yes, must be forwarded
Yes, forwarded to
Yes, must be forward-
Yes
Yes, forwarded to
to keep record
to police
local & state
ed to police
police
of sale
police
Persons to whom
Felons, aliens, minors
Persons convicted of
Fugitives from jus-
Persons convicted of
Minors under 18, persons
handguns may not
under 18
crimes of violence,
tice, persons convic-
crimes of violence,
convicted of crimes of
be transferred
minors under 18, drug
ted of crimes of vio-
minors under 21, sub-
violence, addicts,
addicts, habitual
lence, minors, mental
versives
drunks, persons of un-
drunkards, persons of
incompetents, drug
sound mind
unsound mind
addicts, drunkards,
aliens
Persons forbid-
Felons, aliens,
Persons convicted of
Aliens
Persons convicted of
Minors under 15 within
den to possess
prisoners
crimes of violence
crimes of violence,
1 mile of a city, per-
a handgun
minors under 21, sub-
sons convicted of crimes
versives
of violence
Persons forbid-
Aliens
Tramps, persons con-
den to possess
victed of crimes of
any firearm
violence, fugitives
from justice, drunks,
addicts, incompetents,
19
minors under 15 with-
out special permit
Reproduced at the Richard Nixon Presidential Library and Museum
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
20
Definition of
Pistols, revolvers
Concealable weapons
Concealable weapons
Revolvers, pistols
Pistol
firearm covered
with barrel less than
by law
12" except antiques
Carrying con-
With intent to go
cealed prohibited
armed, except Army
or Navy, pistol car-
ried openly in hand
Permit to carry
Peace officer
Court
concealed must be
obtained from
Carrying pro-
Yes, except at place
With intent to as-
Only if intent to do
hibited
of business or prem-
sault
injury (9)
ises
Permit to carry
must be obtained
from
Permit to possess
required
Permit to purchase
Obtained from county
Yes, except in counties
required
or district judge
with less than 1000 pop.
/sq. mile
Waiting period be-
15 days
tween purchase &
delivery
Dealer licensed
Yes
County controlled
County option
Dealer required
Yes, must be forward-
Yes
Yes
County option, records
to keep record
ed to police
sent to circuit court
of sale
Persons to whom
Minors, fugitives,
Minors without paren-
Minors under 14
Minors under 16 ex-
Minors under 18
handguns may not
aliens, persons con-
tal consent, felons,
cept by instructors
be transferred
victed of crimes of
persons in the heat
in firearms courses
violence, drunks, ad-
of passion
dicts, persons of un-
sound mind, persons
convicted of illegal
sale of alcoholic
beverages
Persons forbid-
Felons
Minors under 16 with-
den to possess
out parental consent
a handgun
Persons forbid-
Aliens, minors under
Vagrants
den to possess
14 without parental
any firearm
supervision
Reproduced at the Richard Nixon Presidential Library and Museum
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
DISTRICT OF COLUMBIA
Definition of
Firearms with barrel
Pistol, revolver
Concealable firearms
Concealable weapons
Firearms with barrel
firearms covered
less than 12" except
less than 12" except
by law
antiques
antiques
Carrying con-
Yes
cealed prohibited
Permit to carry
Judge, police chief,
Sheriff
concealed must be
or sheriff
obtained from
Carrying pro-
Unlawful to possess
hibited
with intent to do
harm
Permit to carry
County circuit court
Police superintendent
must be obtained
from
Permit to possess
required
Permit to pur-
chase required
Waiting period be-
48 hours
tween purchase &
delivery
Dealer licensed
Yes
Yes
Yes
Dealer required
Yes, forwarded to
Yes, forwarded to
Yes (9)
Yes, must be sent to
to keep record
police
Department of Public
police
of sale
Safety
Persons to whom
Persons convicted of
Aliens
Minors
Minors under 21
Felons, drug addicts,
handguns may not
crimes of violence,
persons of unsound mind,
be transferred
drug addicts, drunks,
minors under 21
persons of unsound
mind, minors under 21,
prisoners
Persons forbid-
Persons convicted of
Minors
Felons, drug addicts
den to possess
crimes of violence,
a handgun
aliens without li-
cense, prisoners,
minors under 14 with-
out parental super-
vision
Persons forbid-
Aliens
Intoxicated persons
Aliens
den to possess
any firearm
21
Reproduced at the Richard Nixon Presidential Library and Museum
Bar Foundation Study
Reproduced at the Richard Nixon Presidential Library and Museum
PRESERVATION COPY
THE NEW YORK TIMES, SATURDAY, JUNE 8, 1968
Congress Leaders Call Stricter Gun Law Unlikely
By JOHN W. FINNEY
Mr. Mansfield and some other
tacts with the National Rifle
fecive hand to defend its
Special to The New York Times
Western liberals and moder-
Association, and I don't even
proosal, which was de-
WASHINGTON, June 7-Pre-
ates around to its ideas.
know who its officers are."
feaed 53 to 29.
liminary soundings of Congres-
But the Senator made clear
In Congressional circles
Rther, the White House and
sional leaders indicated today
that he remained opposed to
there is a belief that the White
the Justice Department were
that, despite intense lobbying
controls over interstate sales of
House and others tend to ex-
corentrating their lobbying on
by the White House. Congress
rifles and shotguns. The Senate,
aggerate the influence of the
defating a Republican pro-
was not prepared to heed Presi-
he said, "made a good start" in
"gun lobby." The National Ri-
poal to allocate the bill's Fed-
dent Johnson's urgent plea yes-
enacting controls over hand
fle Association, it is acknowl-
era assistance to police forces
terday for legislation extending
guns, and what is needed now,
edged, is well organized and
though bloc grants to states.
gun controls to include a ban
he continued, is "more control
has its spokesmen in Congress.
Evntually the Administration
on mail order sales of rifles
at state and local levels."
But the Western and Southern
los on the bloc grant issue,
and shotguns.
He expressed some resent-
Senators, who form the coali-
an in the process/ it failed to
The crime control bill sent
ment at the President's appar-
tion against gun control legis-
stengthen the gun control pro-
yesterday to the White House
ent implication that opponents
lation, also are reflecting views
vion or to bar controversial
bans only mail order sales of
of stronger gun control legisla-
of their rural constituencies, it
setions in the bill overturning
hand guns-a prohibition in-
tion were responding to lobby-
is pointed out.
spreme Court decisions and
serted into the bill by the Sen-
ing of the National Rifle Asso-
Politically, the critical time
athorizing large-scale wiretap-
ate and accepted by the House.
ciation and other gun groups.
for passing the Administration's
pig.
In pushing for additional con-
The President, in a statement
gun control measure was in
(The bill as passed includes
trols, the Administration is
yesterday, said that "the voices
mid-May, when the Senate was
sctions designed to reverse
seeking to capitalize on the
of the few must no longer pre-
debating the gun control sec-
Curt decisions on the admissi-
emotional reaction to the assas-
vail over the interests of the
tion of the crime bill. But at
bity of confessions and police
sination of Senator Robert F.
many."
that point, according to Con-
iie-up identifications in Fed-
Kennedy and what it regards as
Senator Mansfield empha-
gressional sources, the Admin-
ell trials and the rapid ar-
sized that "I have had no con-
rising public sentiment for
istration was not lifting an ef-
rignment of Federal suspects.)
stricter controls over gun sales.
If it moves quickly enough,
the White House believes, it can
generate enough political pres-
sure to push a stronger bill
through a reluctant Senate.
But the Senate majority lead-
er, Mike Mansfield, Democrat
of Montana, expressed doubt in
an interview that the Senate,
which has already rejected the
Administration proposal, would
reverse itself.
Senator Mansfield is a key
figure in the Administration
maneuvering being directed
personally by the President.
The Administration's only hope
of obtaining its bill is to swing
PRESERVATION COPY
NYT
6/7/68
L+
23
Support Stronger Gun Controls
Johnson 18 Statement on Strong Gun Law
Following is a transcript of
nation's laws. Two million
guns by mail order. I urge
a statement President Johnson
guns were sold in the United
the Congress to make it un-
sent to Congress yesterday on
States last year. Far too
lawful to sell rifles and shot-
the gun control bill. Mr. John-
many of those guns were
guns as well as hand guns to
son read the statement at the
bought by the demented and
persons who are too young
White House and it was rec-
the deranged, the hardened
to bear the terrible responsi-
orded by The New York Times.
criminal and the convict, the
bility that is placed in the
addict and the alcoholic.
hands of a gun owner.
Today the nation cries out
to the conscience of the Con-
And we cannot expect
I urge the Congress and
gress. Criminal violence from
these irresponsible people to
plead with it to make it un-
the muzzle of a gun has once
be prudent in their protec-
lawful to sell rifles and shot-
tion of us. But we can and
guns as well as hand guns
again brought heartbreak to
America. Surely this must be
we have a right to expect
in one state to the residents
the Congress of the United
of another state.
clear beyond question: The
hour has come for the Con-
States to protect us from
This will not prevent legit-
them.
imate hunters or sportsmen
gress to enact a strong and
effective gun control law
Weapons of destruction
from purchasing firearms, but
governing the full range of
can be purchased by mail as
with this reinforced law we
easily as baskets of fruit or
can then give the states the
lethal weapons.
cartons of cigarettes.
proper incentive to shape
I have sought and I have
We must eliminate the
their own gun control legisla-
fought for such a law
dangers of mail-order murder
tion and the country can at
through all the days of my
in this country.
long last have a network of
Presidency. On many occa-
The Congress has finally
systematic safeguards for all
sions before, I have spoken
begun to take some action.
of our citizens.
of the terrible toll inflicted
The Senate has passed a
And today I am asking
on our people by firearms—
watered-down version of the
each of the Governors of the
750,000 Americans dead
gun control law I sent to the
50 states to immediately and
since the turn of the century.
Congress some time ago with
to comprehensively review
This is far more than have
my recommendations.
their gun laws and to amend
died at the hands of all of
The House has taken ac-
them where necesary and re-
our enemies in all of the
tion on the Sqnate bill. But
write them in order to fully
wars that we have fought-
this halfway measure is not
protect the citizens of the
sorrow and suffering that
near enough. It covers ade-
states that they serve, pro-
just cannot be counted and
quately only transactions in-
tect them from the deadly
fear that can never be meas-
volving hand guns. It leaves
weapons that are now in dan-
ured.
the deadly commerce in
gerous hands.
Each year in this country,
lethal shotguns and rifles
The voices of the few must
guns are involved in more
without effective control 55
no longer prevail over the
than 6,500 murders. This
long months after the mail-
interest of the many. When
compares with 30 in Eng-
order murder of President
I last appealed to the Con-
land, 99 in Canada, 68 in
John F. Kennedy.
gress on this subject again
West Germany and 37 in
So today I call upon the
-and that was only a month
Japan.
Congress in the name of sani-
ago-I asked this question:
Forty-four thousand ag-
ty. I call upon the Congress
What in the name of con-
gravated assaults are com-
in the name of safety and in
science will it take to pass a
mitted with guns in America
the name of an aroused citi-
truly effective gun control
each year. Fifty thousand
zenship to give America the
law in the Congress.
robberies are committed with
gun control law that Ameri-
And now in this new hour
guns in America each year.
can citizens need.
of tragedy that question
I have told the Congress
I urge the Congress to
should at last be answered.
and I have told the nation
make it unlawful to sell rifles
So let us now spell out our
of the brutal loophole in our
and shotguns as well as hand
grief in constructive action.
VYP 2/28/68
PRESERVATION COPY
New Gun Law Killing Sales
New York City's new gun
would have been 50 to 100.
trol legislation is a state (not
law, which went into effect Feb.
The new law requires owners
city) matter and that the city
at
13, has virtually stopped the
of riflès and shotguns to regis-
law contradicts both existing
sale of firearms in the city.
ter the weapons and obtain a
state and federal laws.
on
Even dealers in Westchester
license from the Firearms Con-
Dealers said most prospective
r-
and Nassau, not covered by the
trol Board. License applicants
gun buyers objected to the time
on
city law, report their sales have
must be fingerprinted. A $3 per-
taken a nosedive.
and paperwork involved in buy-
y
mit covers three years. Hand
ing a weapon.
"The gun business has had
guns still come under the city's
it," said Agramonte, owner of
"It's just not worth the ag-
strict old "Sullivan" law.
Agramonte's Antique and Mod-
gravation," said Bob Gilman,
ern Gun Shop, 41 Riverdale Av.,
A Court Challenge
manager of Paragon Sporting
y
Yonkers, who reported his gun
A suit seeking to void the
Goods Co., 861 Broadway.
e
e
sales had dipped from ten a
new law has been filed in State
e
day to three or four daily.
Supreme Court by the New
W
York Sporting Arms Assn., the
Ryan's Club Backs McCarthy
And in the City ...
Lawyers Gun Club and several
g
Rep. Ryan's "home" club, the
Agramonte is doing well, how-
y
individuals. A hearing is sched-
Riverside Democratic Reform
ever, compared to dealers in the
uled for March 8 before Justice
Club, voted last night, 52-19 to
ctiy. A spokesman for Solomon
Markowitz.
Sporting Goods, Inc., 79 Cham-
support the candidacy of Sen.
"This is the worst drafted
Eugene McCarthy for the Presi-
bers St., said he had sold only
piece of legislation in 1967,"
dency.
two guns in the two weeks the
law has been in effect. Normal
charged Mark K. Benenson,
spokesman for the association.
ADVERTISEMENT
sales, the spokesman said,
The suit argues that gun con-
DO YOU