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Crime - Meeting with Senator Hruska and Max Friedersdorf, July 14, 1975
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Crime - Meeting with Senator Hruska and Max Friedersdorf, July 14, 1975
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James M. Cannon Files (Ford Administration)
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The original documents are located in Box 9, folder "Crime - Meeting with Senator Hruska
and Max Friedersdorf, July 14, 1975" of the James M. Cannon Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 9 of the James M. Cannon Files at the Gerald R. Ford Presidential Library
MEETING WITH SENATOR HRUSKA
Justice
MAX FRIEDERSDORF
(Senator's Office)
1:30 p.m.
(Gun Control)
MONDAY, JULY 14, 1975
OUTLINE OF THE PRESIDENT'S HANDGUN LEGISLATION
The President's Handgun Bill would:
Ban the import, domestic manufacture, and sale
of cheap, highly concealable handguns ----
"Saturday Night Specials" -- which have no
apparent use other than against human beings;
Restrict the issuance of Federal dealers'
licenses to bona fide gun dealers;
Restrict multiple sales of handguns (authorizing
the purchase of no more than one handgun within
a 30-day period) ;
Impose a 14-day waiting period between the purchase
and receipt of a handgun, during which time the
dealer can check to determine whether the purchaser
may lawfully own a handgun;
Require the dealer to take reasonable steps to
ensure that the purchaser of a handgun is not
prohibited from possessing it under Federal, State
or applicable local law; and
Require the imposition of a mandatory mininum term
of imprisonment on any person convicted of using or
carrying a handgun in the commission of a Federal
felony.
The President's Handgun Bill would not:
Require a Federal license to purchase a handgun;
Require that handguns be registered with the
Federal government;
Prohibit law-abiding citizens from possessing
handguns;
Authorize the Federal government to keep records
of everyone who buys handguns;
Apply to possession of long guns; or
Prohibit collectors from purchasing and trading
curio or antique handguns.
CONGRESS
(NOTE.-Fill in all blank lines except
SESSION
S.
those provided for the date and
number of bill.)
IN THE SENATE OF THE UNITED STATES
Mr.
introduced the following bill; which was read twice and referred to the Committee on
A
BILL
To ban the importation, manufacture, sale, and transfer of
Saturday Night Specials, to improve the effectiveness of
the Gun Control Act of 1968, to ban possession, shipment,
transportation, and
(Insert title of bill here)
receipt of all firearms
by felons, and for other purposes.
1
Be it enacted by the ,Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
That the Congress hereby finds and declares --
(a) that the traffic in cheap, low-quality, and
easily concealable handguns, which are commonly known as
FORD & LIBRARY GERALD
"Saturday Night Specials" and which have no legitimate
sporting or valid defensive purpose, constitutes a serious
threat to general law enforcement, to the public safety,
and to the integrity of State and local firearms control laws;
(b) that the criminal misuse of these handguns is a signi-
ficant factor in the prevalence of lawlessness and violent crime
in the United States, thus contributing greatly to the Nation's
law enforcement problems;
(c) that the existing ban on importation of Saturday Night
Specials has been effectively subverted by the importation of
parts and the domestic assembly and manufacture of the weapons
the Congress banned from importation; and
(d) that the absence of effective controls on dom-
estic manufacture and sale of small, easily concealable,
- 2
and cheap handguns known as Saturday Night Specials constitutes
a major shortcoming in existing law, circumvents the purpose of
the import restrictions of existing law, and makes possible
commercial traffic among the States and within the States in cheap
and deadly weapons which serve no sporting or valid defensive
purpose and which threaten the physical safety and well-being of
all Americans.
SEC. 2. The Congress further finds and declares:
(a) that the receipt or possession of firearms and ammuni-
tion by persons barred by federal law from such receipt or posses-
sion constitutes:
(1) a burden on commerce within and among the States;
and
(2) a threat to the domestic tranqui Zlity;
(b) that a person obtaining a federal license to import,
manufacture, or deal in firearms should be a bona fide importer,
manufacturer, or dealer operating not only within the federal laws
but also within State and applicable local laws; and
(c) that the burden on commerce caused by illegal possession
of handguns by felons and by persons barred from possession of
handguns by federal, State, or local law requires an increased
obligation on the transferor of handguns and on law enforcement
agencies to assure that there is no sale or transfer of a handgun
to a person not authorized to possess it.
SEC. 3. Section 842 of title 18, United States Code, is amended:
(a) by deleting " (as defined in section 4761 of the Internal
Revenue Code of 1954) in subsection (d) (5)
(b) by deleting "drug (as defined in section 201 (v) of the
Federal Food, Drug, and Cosmetic Act)" in subsection (d) (5) and
inserting in lieu thereof "substance";
(c) by deleting " (as defined in section 4721 (a) of the In-
ternal Revenue Code of 1954); or" in subsection (d) (5) and insert-
ing in lieu thereof "as those terms are defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802) ";
BERALD FORD LIBRARY
- 3 -
(d) by deleting subsection (d) (6) and inserting in lieu
thereof the following:
" (6) has been adjudicated as mentally incompetent or
has been committed to a mental institution; or
" (7) being an alien, is illegally or unlawfully in the
United States.
(e) by deleting " (as defined in section 4761 of the Internal
Revenue Code of 1954)' in subsection (i) (3) ;
(f) by deleting "drug (as defined in section 201 (v) of the
Federal Food, Drug, and Cosmetic Act)" in subsection (i) (3) and
inserting in lieu thereof "substance";
(g) by deleting " (as defined in section 4731 (a) of the
Internal Revenue Code of 1954); or" in subsection (i) (3) and insert-
ing in lieu thereof "as those terms are defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802) and
(h) by deleting subsection (i) (4) and inserting in lieu
thereof the following:
" ' (4) who has been adjudicated as mentally incompetent
or has been committed to a mental institution; or
" (5) who, being an alien, is illegally or unlawfully
in the United States;"
SEC. 4. Section 843 of title 18, United States Code, is amended:
(a) by deleting "forty-five" in subsection (c) and inserting
in lieu thereof "ninety"; and
(b) by amending subsections (d) and (e) to read as follows:
" (d) (1) The Secretary may revoke a license or permit
issued under this chapter if the person holding the license
or permit is ineligible to acquire explosive materials under
section 842 (d).
" (2) A person who has a license or permit issued
under this section and who violates a provision of this section
- 4 -
or a rule or regulation prescribed by the Secretary under
this chapter, shall be subject to a civil penalty, to be im-
posed by the Secretary, of up to $10,000 for each violation,
or to suspension or revocation of his license or permit, or
to both the civil penalty and revocation or suspension. The
Secretary may at any time compromise, mitigate or remit
such penalties. An action of the Secretary under this sub-
section is subject to review only as provided in subsection (e)
of this section.
" (e) (1) Any person whose application is denied or whose
license or permit is suspended or revoked or who is assessed
a civil penalty shall receive a written notice from the Secre-
tary stating the specific grounds upon which such denial, sus-
pension, revocation, or civil penalty is based. Any notice
of a suspension or revocation of a license or permit shall be
given to the holder of such license or permit prior to or con-
current with the effective date of the suspension or revoca-
tion.
" (2) If the Secretary denies any application for, or
suspends or revokes, a license or permit, or assesses a civil
penalty, he shall, upon request by the aggrieved party, promptly
hold a hearing to review his denial, suspension, revocation,
or assessment. In the case of a suspension or revocation, the
Secretary may upon a request of the holder stay the effective
date of the suspension or revocation. A hearing under this
section shall be at a location convenient to the aggrieved
party. The Secretary shall give written notice of his decision
to the aggrieved party within a reasonable time after the
hearing. The aggrieved party may, within sixty days after
receipt of the Secretary's written decision, file a petition
with the United States court of appeals for the district in
which he resides or has his principal place of business for a
judicial review of such denial, suspension, revocation, or
assessment pursuant to sections 701 through 706 of title 5,
United States Code."
- 5 -
SEC. 5. Section 921 (a) of title 18, United States Code, is amended:
(a) by amending paragraph (11) to read as follows:
"(11) The term 'dealer' means any person who is (A) en-
gaged in business as an ammunition retailer, (B) engaged in
business as a gunsmith, (C) engaged in business as a firearms
dealer, or (D) a pawnbroker. The term 'licensed dealer' means
any dealer who is licensed under the provisions of this chap-
ter.";
(b) by redesignating paragraphs (12), (13), (14), (15), (16),
(17), (18), (19), and (20) as paragraphs (19), (20), (21), (22),
(23), (24), (25), (26), and (27), respectively; and
(c) by adding after paragraph (11) the following new para-
graphs:
" (12) The term 'ammunition retailer' means any person
who is not otherwise a dealer who is engaged in the business
of selling ammunition at retail, other than ammunition for
destructive devices.
" (13) The term 'gunsmith' means any person who is not other-
wise a dealer who is engaged in the business of repairing
firearms or making or fitting special barrels, stocks, or
trigger mechanisms to firearms.
"(14) The term 'firearms dealer' means any person who
is engaged in the business of selling firearms or ammunition
at wholesale or retail.
" (15) The term 'handgun' means a firearm which has a
short stock and which is designed to be held and fired by the
use of a single hand. The term also includes any combination
of parts from which a handgun can be assembled.
" (16) The term 'handgun model' means a particular design
and specification of a handgun.
" (17) The term 'pistol' means a handgun having a chamber
or chambers as an integral part or parts of, or permanently
aligned with, the bore or bores.
" (18) The term 'revolver' means a handgun having a
FORD LIBRART
- 6 -
breechloading chambered cylinder so arranged that the cocking
of the hammer or movement of the trigger rotates the cylinder
to bring the next cartridge in line with the barrel for firing."
SEC. 6. Section 922 of title 18, United States Code, is amended:
(a) by adding after the words "replacement firearm" in sub-
section (a) (2) (A) the words ", other than a handgun of a model
which has not been approved by the Secretary under section 923 (k) ,";
(b) by adding after the words "mailing a firearm" in subsec-
tion (a) (2) (A) the words ", other than a handgun of a model which
has not been approved by the Secretary under section 923 (k) ";
(c) by deleting "resides in any State other than that in
which the transferor resides (or other than that" in subsection (a)
(5) and inserting in lieu thereof "does not reside in the State in
which the transferor resides (or does not reside in the State";
(d) by adding after the words "rental of a firearm" in sub-
section (a) (5) the words ", except a handgun of a model which has
not been approved by the Secretary under section 923 (k) of this
chapter,";
(e) by adding after the words "loan or rental of a firearm"
in subsection (b) (3) (B) the words ", other than a handgun of a
model which has not been approved by the Secretary under section
923 (k) ,";
(f) by adding after the words "may sell a firearm" in sub-
section (c) the words ", other than a handgun,'
(g) by deleting ", in the case of any firearm other
than a shotgun or a rifle, I am twenty-one years or more of age,
or that, in the case of shotgun or a rifle," in subsection (c) (1);
(h) by repealing subsections (d) and (h);
(i) by redesignating subsections (e) and (f) as subsections (m)
and (n), respectively, by redesignating subsections (i), (j), (k),
(1), and (m) as subsections (o), (p), (q), (r), and (s), respectively,
and by redesignating subsection (g) as subsection (h);
(j) by adding after subsection (c) the following new subsec-
tions:
- 7 -
(d) (1) It shall be unlawful for any licensed manu-
facturer, licensed importer, licensed dealer, or licensed
collector to manufacture, assemble, sell, or transfer any
handgun, other than a curio or relic, in the United States
unless the handgun model has been approved by the Secretary
pursuant to section 923 (k) of this chapter.
(2) It shall be unlawful for any person other than a
licensed manufacturer, licensed importer, licensed dealer,
or licensed collector to sell or transfer any handgun, other
than a curio or relic, in the United States knowing that the
handgun is a model which has not been approved by the Secretary
pursuant to section 923 (k) of this chapter.
" (e) It shall be unlawful for any person to modify a
handgun if the handgun model was previously approved by the
Secretary for manufacture, assembly, importation, sale, or
transfer if as a result of the modification the handgun no
longer meets the standards of a handgun model approved under
section 923 (k) of this chapter.
"(f) It shall be unlawful for any person who purchases
or receives a handgun with the purpose of selling or transferring
the handgun to another person to sell or transfer the handgun
to another person unless he knows or has reasonable cause to
believe that purchase and possession of the handgun would be in
accordance with federal law and with State law and any published
ordinance applicable at the place of sale, delivery, or other
disposition. This subsection shall not apply to transactions
between licensed importers, licensed manufacturers, licensed
dealers, and licensed collectors.
"(g) In any case not otherwise prohibited by this chapter,
a licensed importer, licensed manufacturer, or licensed dealer
may sell a handgun to a person only if the person appears in
person at the licensee's business premises (other than a li-
censed importer, manufacturer, or dealer) and,
in order to assure that purchase and
possession of the handgun by the transferee would be in
- 8 -
accordance with federal law and with State law and any published
ordinance applicable at the place of sale, delivery, or
other disposition, only if:
"(1) the transferee submits to the transferor a
sworn statement prescribed in regulations to be promul-
gated by the Secretary setting forth:
"(A) his name, his residence, and the place
where the handgun will be kept; and
"(B) that his receipt of the handgun will
not be in violation of federal law, or of a State law
or any published ordinance of the place of his residence
or, if the handgun will be kept at a place other than
his place of residence, of the place where the handgun
will be kept, and that he does not intend to resell or
transfer the handgun to a person who is barred from
owning or possessing it by federal or State law or any
published ordinance of the place of the latter person's
residence or other place where the handgun would be kept.
The sworn statement shall also include the true title,
name, and address of the chief law enforcement officer of
the place of the transferee's residence and the place
where the handgun will be kept. If a State law or published
ordinance applicable at the place of the transferee's
residence or the place where the handgun will be kept
requires that a person must have a permit or license to
own, possess, or purchase the handgun, a true copy of
such permit or license shall be attached to the sworn
statement. Any other information required to be supplied
to own, possess, or acquire a handgun under such State
law or published ordinance shall also be attached to the
sworn statement;
" (2) the transferee provides identification
sufficient to establish, under rules and regulations of
the Secretary, reasonable grounds to believe that the
FORD LIBRAR,
transferee is the person he claims to be, and that his
residence is at the address stated in the transferee's
sworn statement;
" (3) the transferor has, prior to delivery of
the handgun, forwarded immediately by registered or
certified mail (return receipt requested), to the chief
law enforcement officer of the transferee's place of
residence and to the chief law enforcement officer of
any other place where the transferee indicates in his
sworn statement that he will keep the handgun, a copy of
the sworn statement, in a form prescribed by the Secre-
tary, for purposes of notifying such officer of the pro-
posed transfer and of permitting such officer:
" (A) to check the record and identity of
the transferee, to determine whether ownership or
possession of the handgun by the transferee would
be a violation of a State law or any published ordinance
of the place of the transferee's residence or the
place where the handgun will be kept;
" (B) to request a name check by the Federal
Bureau of Investigation which shall be sent to the
chief law enforcement officer within five working
days of the Bureau's receipt of the request; and
" (C) to report to the transferor the
results of such check, determination, and request;
" (4) the transferor has received a return receipt
evidencing delivery of the statement or has had the state-
ment returned due to the refusal of the named addressee
to accept such letter in accordance with United States
Postal Service regulations;
" (5) the transferor has received reports from the
chief law enforcement officer of the transferee's place
of residence and of the other place where the transferee
has indicated that the handgun will be kept, and the
reports do not indicate that the transferee is prohibited
from shipping, possessing, transporting, or receiving a
handgun under subsection (h) or (i) of this section, that
the transferee is less than twenty-one years of age, or that
the purchase or possession of a handgun by the transferee
would be a violation of a State law or any published ordinance
applicable at the place of residence or place where the
handgun will be kept; and
FORD is LIBRARY 074830
- 10 -
" (6) if the transferor has not received the reports
from the law enforcement officers, the transferor has
delayed delivery of the handgun for a period of at
least fourteen days from the date the sworn statement
required under paragraph (1) of this subsection was
forwarded as prescribed in paragraph (3) of this subsection.
A copy of the sworn statement and a copy of the notification
or notifications to the chief law enforcement officer or
officers, together with the reports received from such officer
or officers under paragraph (3) of this subsection shall be
retained by the licensee as a part of the records required to
be kept under section 923 (g) ";
(k) by deleting "drug (as defined in section 201 (v) of the
Federal Food, Drug, and Cosmetic Act)" in subsection (h) (3) and
inserting in lieu thereof "substance";
(1) by deleting " (as defined in section 4731 (a) of the Internal
Revenue Code of 1954) ; or" in subsection (h) (3) and inserting in
lieu thereof "as those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802) ;";
(m) by amending subsection (h) (4) to read as follows:
" (4) who has been adjudicated as mentally incompetent
or has been committed to a mental institution; or";
(n) by deleting "to ship or transport any firearm or ammuni-
tion in interstate or foreign commerce" in subsection (h) and in-
serting in lieu thereof:
" (5) who, being an alien, is illegally or unlawfully in
the United States;
to possess, ship, transport, or receive any firearm or ammunition."
(o) by adding after subsection (h) the following new sub-
sections:
"(i) It shall be unlawful for any person who, while
being employed by a person who is prohibited from possessing,
shipping, transporting, or receiving firearms or ammunition
under subsection (h), and who, knowing or having reason to
- 11 -
believe his employer falls within one of the classifications
enumerated in subsection (h), in the course of such employment
to possess any firearm or ammunition.
" (j) It shall be unlawful for any person
to sell or otherwise dispose of any firearm or ammunition to
any person unless he knows or has reasonable cause to believe
that such person is not prohibited from possessing, shipping,
transporting, or receiving a firearm or ammunition under sub-
section (h) or (i) of this section. This subsection shall not
apply with respect to the sale or disposition of a firearm or
ammunition to a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector who pursuant to sub-
section (b) of section 925 of this chapter is not precluded
from dealing in firearms or ammunition.
"(k) It shall be unlawful for any person to ship or
transport any firearm or ammunition in interstate or foreign
commerce if such shipment or transportation is in violation
of a State law in a place to which or through which the firearm
was shipped or transported or of a published ordinance applicable
at the place of sale, delivery, or other disposition.
" (1) (1) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed collector to
sell or transfer two or more handguns to the same person, other
than another licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, in a period of thirty days or less,
unless the transferee has obtained prior approval of the pur-
chase from the Secretary, pursuant to regulations promulgated
FORD LIBRARY
by the Secretary.
" (2) It shall be unlawful for any person, other than a
licensed importer, licensed manufacturer, licensed dealer, or li-
censed collector to purchase or receive two or more handguns
in a period of thirty days or less from one or more licensed
importers, licensed manufacturers, licensed dealers, or licensed
collectors or from such a licensee and from a person or persons who
are not such licensees, unless the person has obtained prior approval
of the purchase from the Secretary pursuant to regulations promul-
gated by the Secretary. It shall be unlawful for any person, other
than a licensed importer, licensed manufacturer, licensed dealer,
- 12 -
or licensed collector to purchase or receive two or more handguns
in a period of thirty days or less from a person or persons other
than a licensed importer, licensed manufacturer, licensed dealer,
or licensed collector unless the person notifies the Secretary
of such purchase or receipt within thirty days after the purchase
or receipt."
the loss or theft to the Secretary and to the chief law enforcement
officer of the place where the gun was kept."
SEC. 7. Section 923 of title 18, United States Code, is amended:
(a) by deleting subsections (a) (1) (B) and (C) and inserting
in lieu thereof the following:
" (B) of firearms other than destructive devices
or handguns, a fee of $250 per year;
" (C) of firearms, including handguns, but not including
destructive devices, a fee of $500 per year; or
"(D) of ammunition for firearms other than
ammunition for destructive devices, a fee of $250
per year.
(b) by deleting the word "or" at the end of subsection
(a) (2) (A);
(c) by deleting subsection (a) (2) (B) and inserting in lieu
thereof the following:
" (B) of firearms other than destructive devices
or handguns or of ammunition for firearms other than
destructive devices, a fee of $250 per year; or
"(C) of firearms, including handguns, but not including
destructive devices, a fee of $500 per year.
(d) by deleting subsections (a) (3) (B) and (C) and inserting
in lieu thereof the following:
" (B) who is a pawnbroker dealing in firearms other
than destructive devices or handguns, or ammunition
for firearms other than destructive devices, a fee of
$250 per year;
" (C) who is a pawnbroker dealing in firearms,
including handguns, but not including destructive devices,
a fee of $500;
- 13 -
" (D) who is not a dealer in destructive devices or
handguns, a pawnbroker, a gunsmith, or an ammunition
retailer in other than ammunition for destructive
devices, a fee of $100 per year;
" (E) in firearms, including handguns, but not including
destructive devices, $200 per year;
" (F) who is a gunsmith, a fee of $50 per year; or
" (G) who is an ammunition retailer in other than
ammunition for destructive devices, a fee of $25 per year. ;
(e) by deleting the language in subsection (d) (1) which pre-
cedes subparagraph (A) and inserting in lieu thereof the following:
"Any application submitted under subsection (a) or (b)
of this section shall be approved if the Secretary finds
that --";
(f) by amending subsection (d) (1) (B) to read as follows:
" (B) the applicant (including, in the case of a corpora-
tion, partnership, or association, any individual possessing,
directly or indirectly, the power to direct or cause the dir-
ection of the management and policies of the corporation,
partnership, or association):
'(i) is not prohibited from possessing, trans-
porting, shipping, or receiving firearms or ammunition
under section 922 (h) or (i) of this chapter;
"(ii) is not prohibited by the law of the State
or by relevant ordinance of his place of business from con-
ducting the business of transporting, shipping, receiving,
selling, transferring, owning, or possessing the firearms
or ammunition to which the license would apply; and
"(iii) is, by reason of his business experience,
financial standing, or trade connections, likely to com-
mence the business for which the license is applied
within a reasonable period of time and to maintain such
business in conformity with federal law and with State
and relevant local law applicable at his place of business;";
(g) by deleting "forty-five" in subsection (d) (2) and insert-
ing in lieu thereof "ninety";
- 14 -
(h) by amending subsections (e) and (f) to read as follows:
(e) The Secretary may, after notice and opportunity
for hearing, suspend or revoke any license issued under this sec
tion, or may subject the licensee to a civil penalty of up to
$10,000 per violation, if the holder of such license has vio-
lated any provision of this chapter or any rule or regulation
prescribed by the Secretary under this chapter. The Secretary
may at any time compromise, mitigate, or remit the liability
with respect to such violation. The Secretary's action under
this subsection may be reviewed only as provided in subsection
(f) of this section.
" (f) (1) Any person whose application for a licensé is
denied and any holder of a license which is suspended or re-
voked or who is assessed a civil penalty shall receive a
written notice from the Secretary stating specifically the
grounds upon which the application was denied or upon which
the license was suspended or revoked or the civil penalty
assessed. Any notice of a suspension or revocation of a
license shall be given to the holder of such license before
the effective date of the suspension or revocation.
' (2) If the Secretary denies an application for, or
suspends or revokes a license, or assesses a civil penalty,
he shall, upon request by the aggrieved party, promptly hold
a hearing to review his denial, suspension, revocation, or
assessment. In the case of a suspension or revocation of a
license, the Secretary shall upon the request of the holder
of the license stay the effective date of the suspension or
revocation. A hearing held under this paragraph shall be
held at a location convenient to the aggrieved party.
" (3) If after a hearing held under paragraph (2)
the Secretary decides not to reverse his decision to deny an
application or suspend or revoke a license or assess a civil
penalty, the Secretary shall give notice of his decision to
the aggrieved party. The aggrieved party may at any time within
60 days after the date notice was given under this paragraph fil
- ]5 -
a petition with the United States district court for the district
in which he resides or has his principal place of business for
a judicial review of such denial, suspension, revocation, or
assessment. In a proceeding conducted under this subsection,
the court may consider any evidence submitted by the parties
to the proceeding. If, the court decides that the Secretary
was not authorized to deny the application or to suspend or
revoke the license or to assess the civil penalty, the court
shall order the Secretary to take such action as may be
necessary to comply with the judgment of the court.
(i) by adding the following new subsections after
subjection (j):
" (k) The Secretary shall approve for manufacture, assembly,
importation, sale or transfer any handgun model if he has caused
to be evaluated and tested representative samples of the handgun
model, and has found that such handgun model is particularly
suitable for sporting or valid defensive purposes and that:
(1) in the case of a pistol, the handgun model:
"(A) has a positive manually operated safety
device; and
"(B) has a combined length and height of not
less than ten inches, with the height (measured
from the top of the weapon, excluding signed, at a right-
angle measurement to the line of the bore, to the bottom
of the frame, excluding magazine extensions or releases)
being at least 4 inches and the length (measured from the
muzzle, paralled to the line of the bore, to the back of the
part of the weapon that is farthest to the rear of the
weapon) being at least 6 inches; and
- 16 -
" (C) attains a total of at least 85 points
under the following criteria:
" (i) Overall length: one point for
each one-fourth inch over 6 inches;
" (ii) Frame Construction: (a) 25
points if investment cast steel or forged
steel, (b) 30 points if investment cast,
high tensile strength alloy or forged high
tensile strength alloy;
" (iii) Weight: one point for each
ounce, with the pistol unloaded and the maga-
zine in place;
" (iv) Caliber: (a) zero points if
the pistol accepts only .22 caliber short or
.25 ACP caliber ammunition, (b) three points
if the pistol accepts either .22 caliber
long rifle ammunition or any ammunition
within the range delimited by 7.65 millimeter
and .380 caliber automatic, (c) 10 points if
the pistol accepts 9 millimeter parabellum
ammunition or ammunition of an equivalent or
greater projectile size or power;
II (v) Safety features: (a) five points
if the pistol has a locked breech mechanism,
(b) five points if the pistol has a loaded
chamber indicator, (c) five points if the
pistol has a cocked position indicator, (d)
five points if the pistol has a grip safety,
(e) five points if the pistol has a magazine
safety, (f) 10 points if the pistol has a fir-
ing pin block or lock;
" (vi) Other features: (a) one point
if the pistol has a contoured magazine exten-
sion, (b) three points if the pistol has a
slide hold-open device; and
- 17 -
" (vii) Miscellaneous equipment: (a)
three points if the pistol has an external
hammer, (b) 10 points if the pistol has a
double action firing mechanism, (c) five
points if the pistol has a drift adjustable
sight, (e) 10 points if the pistol has a
screw adjustable windage and elevation sight,
(f) five points if the pistol has target
grips, (g) three points if the pistol has a
target trigger;
" (2) in the case of a revolver, 'the handgun model:
" (A) has an overall frame (with conventional
grips) length of four and one-half inches (measured
from the end of the frame nearest the muzzle, para-
llel to the line of the bore to the back of the
part of the weapon that is furthest to the
rear of the weapon);
11 (B) has a barrel length (measured from the
muzzle to the cylinder face) of at least four
inches; and
" (C) has a safety device which, either (i) by
automatic operation in the case of a double action
firing mechanism or (ii) by manual operation in
the case of a single action firing mechanism,
causes the hammer to retract to a point where the
firing pin does not rest upon the primer of the
cartridge, and which, once activated, except for a
used handgun, is capable of withstanding the impact
of a weight, equal to the weight of the revolver,
dropped a total of five times from a height of 36
inches above the rear of the hammer spur onto the
rear of the hammer spur with the revolver in a
position such that the line of the barrel is
perpendicular to the place of the horizon; and
" (D) attains a total of at least 60 points
under the following criteria:
- 18 -
" (i) Barrel length (measured from the
muzzle to the cylinder face) : one-half point
for each one-half inch that the barrel is
longer than four inches;
"(ii) Frame construction: (a) 25
points if investment cast steel or forged
steel, (b) 30 points if investment cast,
high tensile strength alloy or forged high
tensile strength alloy;
"(iii) Weight: one point for each
ounce with the revolver unloaded;
" (iv) Caliber: (a) zero points if
the revolver accepts ammunition within the
range delimited by 4 millimeter and .25
caliber ACP other than .22 caliber long rifle
ammunition, (b) three points if the revolver
accepts .22 caliber long rifle ammunition or
ammunition within the range delimited by .30
caliber and .38 caliber S&W, (c) four points
if the revolver accepts .38 caliber special
ammunition, (d) five points if the revolver
accepts .357 magnum ammunition or ammunition
of an equivalent or greater projectile size or
power;
" (v) Safety features: three points if
the revolver has a grip safety;
SALE FORD LIBRAR
= (vi) Other features: (a) two points
if the revolver has a front supported or
shrouded ejector rod, (b) five points if the
revolver has a rifled portion of the barrel
threaded to or integral to the frame or strap
component, (c) two points if the revolver
has a retracting firing pin, (d) two points
if the revolver has a steel recoil plate,
(e) five points if the double action revolver
has a crane mounted cylinder or rear latch
top break, (f) five points if the single
action revolver has a spring-loaded ejector
assembly and a loading gate; and
- 19 -
" (vii) Miscellaneous equipment: (a)
two points if the revolver has a drift adjust-
able sight, (b) five points if the revolver
has a screw adjustable windage or elevation
sight, (c) seven points if the revolver has
a screw adjustable windage and elevation
sight, (d) four points if the revolver has
target grips, (e) two points if the revolver
has a target trigger, (f) two points if the
revolver has a target hammer.
" (1) (1) The Secretary shall give written notification of
the results of evaluation and testing conducted pursuant to
subsection (k) of this section to the licensed manufacturer,
licensed importer, licensed dealer, or licensed collector sub-
mitting samples of a handgun model for such evaluation and
testing. If any handgun model fails to meet the standards for
approval, the Secretary's notification shall state specifically
the reasons for such finding.
" (2) Any licensed manufacturer, licensed importer, license
dealer, or licensed collector submitting to the Secretary for
testing a handgun model which is subsequently found not in compl:
ance with relevant standards shall have ten days from receipt of
notification of noncompliance within which to submit in writing
specific objections to such findings and a request for retest-
ing such model, together with justification therefor. Upon
receipt of such a request the Secretary shall promptly arrange
for retesting and thereafter notify the aggrieved party of
the results, if he determines sufficient justification for
retesting exists. Should he determine that retesting is not
warranted, the Secretary shall promptly notify the aggrieved
party as to such determination. In the event that upon retest-
ing the Secretary's finding remains adverse, or that the
Secretary finds retesting is not warranted, the aggrieved
party may within sixty days after the date of the Secretary's
notice of such finding file a petition in the United States
district court in the district in which the aggrieved party
- 20 -
resides or has his principal place of business in order to
obtain judicial review of such finding. Such review shall be
in accordance with the provisions of section 706 of title 5,
United States Code.
" (3) The Secretary shall publish in the Federal
Register at least semiannually a list of handgun models
which have been tested and the results of those tests. Hand-
gun models:
(A) not in manufacture on or after the effective dat
of this subsection; and
(B) which have not been tested or for which the
test results have not been published;
shall be deemed to be approved under section 923 (k) of this
chapter until such time as notice of their disapproval has
been published in the Federal Register. The list shall also
be included with the published ordinances required under
section 921 (a) (26) to be furnished to each licensee under
this chapter."
SEC. 8. Section 924 of title 18, United States Code, is amended:
(a) by adding after the words "violates any provision of
this chapter" in the first sentence of subsection (a) the words
", other than subsection (j) of section 922,";
(b) by adding the following at the end of subsection (a):
"Whoever violates section 922 (j) of this chapter shall be fined
not more than $1,000, or imprisoned not more than one year, or
both. ; and
(c) by amending subsection (c) to read as follows:
" (c) Whoever --
" (1) uses a firearm to commit any felony for which
he may be prosecuted in a court of the United States, or
" (2) carries a firearm during the commission of
any felony for which he may be prosecuted in a court of
the United States,
shall, in addition to the punishment provided for the commission
of such felony, be sentenced to a term of imprisonment of not
less than one year nor more than ten years in the case of
- 21 -
the first offense, and to a term of imprisonment of not less
than two nor more than twenty-five years for a second or sub-
sequent offense. Notwithstanding any other provision of law,
the court shall not suspend the sentence of such person or
give him a probationary sentence, nor shall the term of impri-
sonment imposed under this subsection run concurrently with
any term of imprisonment imposed for the commission of such
felony.
SEC. 9. Section 925 of title 18, United States Code is amended:
(a) by adding after the word "firearms" in subsection (a) (2)
the words ", other than a handgun of a model which has not been
approved by the Secretary of the Treasury pursuant to section 923 (k)
of this chapter,'
(b) by adding after the words "may receive a firearm"
in subsection (a) (3) the words ", other than a handgun of a model whicl
has not been approved by the Secretary of the Treasury
pursuant to section 923 (k) of this chapter,"
(c) by adding after the words "of any firearm" in
subsection (a) (4) the words ", other than a handgun of a model which
has not been approved by the Secretary of the Treasury
pursuant to section 923 (k) of this chapter,"
(d) by designating existing subsection '(c)" as subsection
(c) (1) and adding a new paragraph to subsection (c) as follows:
" (2) Any person who, having been adjudicated as mentally
incompetent, or who, having been committed to a mental institution
subsequently has been adjudicated by a court or other lawful
authority to have been restored to mental competency, if such cou
or other lawful authority specifically finds that the person is
no longer suffering from a mental disorder and that the possessio
of a firearm by the person would not pose a danger to the person
or to the person of another, shall be relieved from the disabilit
imposed by this chapter with respect to the acquisition, receipt,
transfer, shipment, or possession of firearms incurred because
of such adjudication or commitment.";
- 22 -
(e) by adding after the words "National Firearms Act"
in subsection (c) (1) the words "or of a State or local law which
relates to the importation, manufacture, sale or transfer, of
a firearm"; and
(f) by amending subsection (d) (3) to read as follows:
"(3) is of a type that does not fall within the
definition of a firearm as defined in section 5845 (a)
of the Internal Revenue Code of 1954; is not a surplus
military firearm; is generally recognized as particularly
suitable for sporting purposes; and, if a handgun, the
model has been approved by the Secretary pursuant to
section 923 (k) of this chapter; or".
SEC. 10. Section 926 of title 18, United States Code, is amended:
(a) by deleting "and" at the end of paragraph (1);
(b) by deleting the period at the end of paragraph (2)
and inserting in lieu thereof "; and ";
(c) by adding after paragraph (2) the following new
paragraph:
" (3) regulations precluding multiple sales or
transfers of handguns under section 922 (1) to persons
who do not demonstrate to the satisfaction of the
Secretary in a transaction involving a licensed manu-
facturer, licensed importer, licensed dealer, or licensed
collector, that such purchase or transfer is for lawful
purposes, as defined in the regulations, and regulations
concerning the notice required under section 922 (l) (2)
(d) by designating the existing section as subsection
"(a)" and by adding a new subsection (b) as follows:
" (b) Any officer or employee of the Bureau of Alcohol,
Tobacco, and Firearms who is designated by the Secretary
to carry out the provisions of this chapter is authorized to
administer such oaths or affirmations as may be necessary
for the enforcement of this chapter and any other provision
of law or regulation administered by the Bureau.
SEC. 11. Title VII of the Omnibus Crime Control and Safe Streets
Act of 1968 (18 U.S.C. Appendix 1202-1203) is hereby repealed.
Sec. 12. Section 1715 of title 18, United States Code, is
amended:
GERALD FORD
- 23 -
(a) by adding after the words "Such articles" in the
second sentence the words ", other than handguns whose transfer
is restricted under section 922 (d), "; and
(b) by adding after the second sentence the following
new sentence: "The Postal Service shall promulgate regulations,
subject to approval of the Secretary of the Treasury, consistent
with section 922 (d) of this title, concerning conveyance in
the mails of handguns subject to that section for the United
States or any department or agency thereof, or to any State,
department, agency or political subdivision thereof."
SEC. 13. This Act shall become effective ninety days after
the date of enactment, except that:
(a) the amendments to section 922 (a) (2) (A) shall not preclude
the return within 30 days of the effective date to the person from
whom it was received of a handgun of a model not approved by the
Secretary under section 923 (k) which was transferred to the licensed
importer, licensed manufacturer, licensed dealer, or licensed col-
lector before the effective date of the Act;
(b) section 5 (i) shall become effective on the date of enact-
ment;
(c) a valid license issued pursuant to section 923 of title
18, United States Code, shall be valid until it expires according
to its terms unless it is sooner suspended, revoked or terminated
pursuant to applicable provisions of law; and
(d) the first publication of the list required under section
923 (1) (3) shall be on or before the date of expiration of the sixty-
cay period following the date of enactment.
SECTION-BY SECTION ANALYSIS
The draft bill would accomplish several major
purposes. First, the bill would ban the importation,
manufacture, assembly, sale, or. transfer of the cheap, poorly
made handguns commonly referred to as Saturday Night Specials.
Second, the bill would tighten the controls of handgun sales
by requiring that the seller of handguns adequately check the
identity and residence of the purchaser and take steps to
assure that he is entitled to purchase a handgun under State,
federal, and local law. Third, the draft bill would eliminate
certain loopholes in xisting law and improve the administrative
effectiveness of the Federal gun control program.
Sections 1 and 2 state the congressional findings con-
cerning the need for legislation to improve gun control. With
respect to manufacture, importation, sale and transfer of
Saturday Night Specials, section 1 declares that traffic in
Saturday Night Specials is a serious threat to law enforcement
and public safety and to the integrity of State and local firearms
laws, and that the ban on importation of Saturday Night Specials
has been subverted by domestic assembly of imported parts for
such weapons and by domestic manufacture of Saturday Night Specials.
The findings also state that the receipt or possession of fire-
arms and ammunition by persons barred by Federal law from such
receipt or possession constitutes a burden on commerce within
and among the states, and that it constitutes a threat to the
- 2 -
domestic tranquillity. The section also states the necessity
of assuring that federal licensees are bona fide businessmen
operating within the confines of federal, State, and local law,
and that the licensees should take reasonable steps to assure
that handguns are not sold to persons not entitled to receive
them.
Sections3 (a) through (d) would amend section 842 (d) of
title 18, United States Code, to make the list of persons to
whom distribution of explosives is barred consistent with the
list of persons barred from possessing firearms. Sections 3 (e)
through (h) would make similar changes in the section relating
to bars on receipt of explosives.
Section 4 (a) would amend section 843 (c) of title 18,
United States Code, to increase from 45 to 90 days the time
in which the Secretary of the Treasury must act on an applica-
tion for an explosives user permit or a license to import,
manufacture, or deal in explosive materials. This additional
time is consistent with the period of time which the draft bill
would give for acting on license applications under the Gun
Control Act of 1968, and is designed to give the Secretary
sufficient time to assure that the applicant is entitled to
the license or permit.
Section 4 (b) would amend sections 843 (d) and (e) of
title 18, which now provide for the revocation of an explosives
license or permit and describe the procedures to be followed
for such revocation, to permit the Secretary to suspend the
- 3 -
license or permit or to assess a civil penalty of up to
$10,000 for each violation of the license or permit. The Secre-
tary would be authorized to compromise, mitigate, or remit the
civil penalty at any time according to the circumstances of
the case. The person would be entitled to a hearing, and the
Secretary's action could be appealed under sections 701 through
706 of title 5, United States Code.
Section 5 (a) would amend the definition of "dealer" in
section 921 (a) (11) to describe four categories of persons who
are dealers covered by the provisions of chapter 44 of title 18,
United States Code (th Gun Control Act of 1968). The four
categories of dealer are:
(1) those engaged in business as "ammunition
retailers," defined in proposed section 921 (a) (12)
as persons who are not otherwise dealers and who
are engaged in the business of selling ammunition,
other than ammunition for destructive devices, at
retail;
(2) those engaged in business as "gunsmiths", defined
in proposed section 921 (a) (13) as persons who are
not otherwise dealers who are engaged in the business
of repairing firearms or making or fitting special
barrels, stocks, or trigger mechanisms to firearms;
(3) those engaged in business as "firearms dealers,"
defined in proposed section 921 (a) (14) as persons
- 4 -
engaged in the business of selling firearms or
ammunition at wholesale or retail; and
(4) those who are pawnbrokers.
Section 5 (b) would redesignate existing paragraphs (12)
through (20) of 18 U.S.C. 921 (a) as paragraphs (19) through (27)
to accommodate the new paragraphs added by section 5 (c) of
the draft bill.
In addition to adding to section 921 (a) the definitions
of "ammunition retailer", "gunsmith", and "firearms dealer"
discussed in connection with the definition of "dealer", section
5 (c) adds definitions f "handgun", "handgun model", "pistol",
and "revolver".
Proposed section 921 (a) (15) defines a "handgun" as a
firearm which has a short stock and is designed to be held and
fired by the use of a single hand.
The term "handgun" is also defined to include any com-
bination of parts from which a handgun can be assembled. As
discussed in connection with the proposed amendment to
section 925 (d) (3) of title 18, the definition of "handgun" in-
cludes a combination of parts of a handgun in order to assure
that restrictions on importation of certain handguns can not
be circumvented by importing parts of the handguns and
assembling the handgun in the United States.
The term "handgun model" is defined in proposed section
921 (a) (16) of title 18 as "a particular design and specifica-
- 5 -
tion of a handgun.' "
The term "pistol" is defined in proposed section 921
(a) (17) of title 18 as a "handgun having a chamber or chambers
as an integral part or parts of, or permanently aligned with,
the bore or bores."
Proposed section 921 (a) (18) defines a "revolver" as a
handgun with a breechloading chambered cylinder designed so
that the cocking of the hammer or movement of the trigger ro-
tates the cylinder to bring the next cartridge in line with
the barrel for firing.
Section 6 of the draft bill would amend section 922 of
title 18, describing various firearms offenses, in several
respects.
Section 922 (a) (2) (A) of title 18 presently provides as
exceptions to the bar against licensees' shipment or trans-
portation in interstate or foreign commerce of firearms and
ammunition, the return of a firearm or replacement firearm to
a person from whom it was received, and the mailing by the in-
dividual of a firearm to a licensee for repair or customizing.
Sections 6 (a) and (b) of the draft bill would make the exception
inapplicable to the easily concealable weapons whose manufac-
ture, assembly, sale and transfer would be barred under
proposed section 922 (d) (1) of title 18. However, section 13 (a)
of the draft bill would permit the return of a handgun to its
owner by a licensee who had received the gun prior to the
effective date of the Act.
- 6 -
Under existing 18 U.S.C. 922 (a) (5), the transfer of a
firearm to a person other than a licensee who the transferor
knows or has reason to believe lives in another State is made
unlawful, except in the case of certain intestate succession
or in the case of loan or rental of a firearm to a person for
temporary use for lawful sporting purposes. Section 6 (c) of
the draft bill would change the references to persons living
in another State to references to persons who do not reside in
the transferor's State in order to assure coverage of sales
to persons who reside outside the United States. Section 6 (d)
of the draft bill would preclude the loan or rental of a hand-
gun which had not been approved by the Secretary of the Treasury
pursuant to proposed section 923 (k) of title 18. This amend-
ment is consistent with the outright ban of transfers of such
weapons under proposed section 922 (d)
of title 18.
Section 922 (c) of title 18, relating to sale of firearms
to persons who do not appear at the licensee's place of busi-
ness, would be amended by section 6 (f) of the bill to apply to
firearms other than handguns. Under proposed section 922 (g),
it would be unlawful to sell a handgun to a person who did not
appear at the licensee's business premises for purposes of
clearly establishing his identity.
Section 6 (g) of the bill would conform the sworn state-
ment required to be submitted by a mail-order purchaser under
section 922 (e) with the amendment making the provision inappli-
cable to handguns.
- 7 -
Section 6 (h) of the bill would repeal subsections (d)
and (h) of section 922. Those subsections have been replaced
by new subsections (h), (i), and (j).
Section 6 (i) of the draft bill redesignates existing
subsections (e) and (f) as subsections (m) and (n), respectively,
and redesignates subsections (i) through (m) as subsections (o)
through (s), respectively, in order to permit the addition of
proposed subsections (d) through (1). The subsection would
also redesignate subsection (g) as subsection (h).
Section (6) (j) of the draft bill would add several new
subsections to section 922 of title 18.
Proposed section 922 (d) (1) would make it unlawful for
any licensed manufacturer, licensed importer, licensed dealer,
or licensed collector to manufacture, assemble, sell, or
transfer a handgun, other than a curio or relic, in the United
States unless the handgun model has been approved by the
Secretary of the Treasury pursuant to proposed section 923 (k)
of title 18. It is recognized that there are presently in
the United States a number of high quality pistols and revolvers
which by virtue of their size would not be authorized models,
but due to their fine workmanship and scarcity have value to
collectors. Under existing law the Secretary of the Treasury
is authorized to classify such rare or novel firearms as curios
or relics. By expressly excluding curios and relics from the
sale and transfer restrictions contained in proposed section 923 (k),
the draft bill would preserve the free transferability of such
firearms between licensed collectors. The determination as to
-8-
which firearms should be classified as curios or relics would
be made by the Secretary on a model by model basis as is done
under present law. (See 26 C.F.R. $8178.11 and 178.26)
Proposed section 922 (d) (2) would make unlawful any
sale or transfer of an unapproved handgun, other than a
curio or relic, by an individual who is not a licensee if the
person knows the handgun model has not been approved. Thus,
section 922 (d) would prohibit any transaction relating to
the easily concealable handguns which are commonly called
"Saturday Night Specials. " The definition of "handgun"
includes a combination of parts from which a handgun can be
assembled, SO the manufacture, sale, transfer, or importation
of parts of a Saturday Night Special would be unlawful under
this subsection. :"Transfer" of Saturday Night Specials is
covered in this provision primarily in order to reach an
illegal sale where it is difficult to prove payment for the
handgun because of absence of financial records. It is
not intended to cover such occurrences as passage of title to
a Saturday Night Special by bequest or intestate succession.
-9-
Under the provisions of section 922 (d), the licensee
would be expected to know which handgun models had not been
approved by the Secretary of the Treasury since the Secretary
is obligated to publish the list of approved and disapproved
models and make it available to licensees. Since the lists
would not be as readily available to non-licensees, sale or
transfer of a Saturday Night Special by a non-licensee would
be covered only if the person knew the handgun model had
not been approved.
The exception contained in existing section 925 (a) (1)
permitting transportation, shipment, receipt, or importation
for, or sale or shipment to, or issuance for the use of, a
governmental entity would apply to the restrictions on Saturday
Night Specials. If, for example, the Department of the Army
wished to use for training purposes a target pistol which did
not meet the standards set by the Secretary of the Treasury, it
could do so, but it could not redistribute the pistols to
individuals for their personal use.
Proposed section 922 (e) would make it unlawful for any
person to modify a handgun which had previously been approved
by the Secretary of the Treasury for manufacture, assembly,
importation, sale, or transfer if the result of the modifica-
tion was that the handgun no longer met the standards for
approval.
Proposed section 922 (f) would make it unlawful for a
person who purchases or receives a handgun with the purpose of
selling or transferring it to another person to sell or trans-
fer the handgun unless he knows or has reasonable cause to
believe the purchase and possession of the handgun would be
-10-
in accordance with Federal law and with State law and pub-
lished ordinances at the place of sale, delivery, or other
disposition. Transactions between licensees would be covered
by other provisions of law. Proposed section 922 (f) is de-
signed to assist enforcement of State and local laws restrict-
ing sales of handguns by preventing resale or transfer of hand-
guns by a "straw man" in a situation in which a purchase by
the person is legal but where he merely intends to resell the
handgun to a person barred from receiving it under State law
or a published ordinance.
Proposed section 922 (g) sets forth the requirements
which must be met by a licensee before he may sell a handgun
to a person other than another licensee. Under section 922 (g),
the sale of a handgun could only be made in person, and the
transferor would have to take certain specified steps to assure
that purchase and possession of the handgun would be in accordance
with Federal law and with State law and published ordinances
at the place of sale, delivery, or other disposition, before
he would be permitted to transfer the handgun. This will not,
in any way, of course, affect the States' ability to take
parallel action in restricting unlawful intra-state trans-
actions in handguns.
Under proposed section 922 (g) (1), the transferee would
be required to fill out a sworn statement similar to that
required under existing subsection (c) for mail order sales,
but also including information concerning the place where the
handgun would be kept and the name and address of the chief
law enforcement officer of the place where the gun would be
kept. The purpose of this requirement is to assure that both
- 11 -
the place of residence of the transferee, which is required to
be stated under existing law, and the place where the gun will
be kept can be checked since the transferee may be permitted
to have a handgun in one place and not the other, or the local
law enforcement officer in one place may have information con-
cerning the individual which is not available to the other law
enforcement officer. The sworn statement would be prescribed
in regulations to be promulgated by the Secretary of the Treasury.
Under proposed section 922 (g) (2), the transferee would
have to provide sufficient identification to establish, under
rules and regulations promulgated by the Secretary of the
Treasury, that he is the person he claims to be, and that he
has correctly stated his place of residence. The rules and
regulations might require, for example, that the transferee
present an identification card with a photograph and address,
or that he present two identification cards such as credit
cards containing his signature.
Under proposed section 922 (g) (3), the transferor would
have to submit to the chief law enforcement officer of the
transferee's place of residence and the chief law enforcement
officer of the place where the handgun will be kept a copy of
the sworn statement.
This submission would enable the law enforcement officer
or officers to check the record and identity of the transferee
to determine whether ownership or possession of the handgun
- 12 -
would be a violation of State law or local ordinance. It would
also enable the law enforcement officer or officers to request
a name check by the Federal Bureau of Investigation. Finally,
the law enforcement officer or officers would be able to report
the results of their check of the record and identity, deter-
mination of legality of possession and ownership, and the FBI
name check to the transferor.
The transferor also must receive a return receipt show-
ing delivery of the sworn statement or have the sworn statement
returned to the transferor because delivery was refused by the
local law enforcement officer. Under paragraph (5) of proposed
section 922(g), the transferor could deliver the handgun if
nothing received from either law enforcement officer indicated
that the transferee was barred by Federal, State, or local law
from receiving or possessing the gun. If the transferor does
not receive the reports from the law enforcement officers
within fourteen days of the date he forwarded the sworn state-
ments to the law enforcement officers, he may transfer the handgun.
It is necessary to send the sworn statement to both the
chief law enforcement officer of the transferee's place of resi-
dence and the chief law enforcement officer of the place where
- 13 -
the transferee would keep the handgun in order to check whether
either law enforcement officer is aware of a circumstance which
would disqualify the person from receipt or possession of a
handgun. It is not intended that a person be barred from pur-
chase of a handgun if he is permitted, for example, to possess
a handgun at the place where he intends to keep the gun but
not at his place of residence. However, if he were barred
from purchase or possession of a handgun at the place where he
indicated that he intended to keep the handgun but not at his
place of residence, the transferor could not deliver the hand-
gun. Of course, if Federal law barred possession of a handgun
outright, no transfer would be permitted.
Proposed sections 922 (h), (i), and (j) of title 18
carry forward, consolidate, and amend the provisions of present
subsections (a), (g), and (h) of section 922, and of title VII
of the Omnibus Crime Control and Safe Streets Act of 1968 (18
U.S.C. App. 1202-1203), which describe the persons who are not
entitled to possess handguns under Federal law.
Existing sections 922(g) and (h) of title 18 bar ship-
ment, transportation, and receipt of firearms and ammunition
in interstate or foreign commerce by the listed categories of
persons. Existing 18 U.S.C. App. 1202 lists the persons barred
from receiving, possessing, or transporting firearms "in commerce
or affecting commerce". Existing section 922 (d) bars licensees
from sale of firearms and ammunition to the listed categories
of persons.
- 14 -
Sections 6 (k) (1) , (m), and (n) of the draft bill
would amend section 922 (h) of title 18 (formerly section 922 (g)),
which bars certain persons from shipping or transporting fire-
arms or ammunition in interstate or foreign commerce, in several
respects. Sections 6 (k) and (I) would update the cross-
references to the Controlled Substances Act.
Section 6 (m) would modernize the language relating to
mental incompetency and commitment proceedings, consistent with
the language now used in 18 U.S.C. App. 1202.
Section 6 (n) would add to the end of the list of persons
prohibited from shipping or transporting firearms or ammunition
the category of aliens who are illegally or unlawfully in the
United States. That category is barred under existing law
from receiving, possessing, or transporting "in commerce or
affecting commerce" any firearm under the provisions of 18 U.S.C.
App. 1202 (a), which is repealed by section 11 of the draft bill.
The reference in existing subsection (g) to "interstate
or foreign commerce" has not been carried forward in proposed
subsection (h), nor has the phrase "in commerce or affecting
commerce" presently contained in 18 U.S.C. App. 1202 (a) been
used. In United States V. Bass, 404 U.S. 336 (1971), the
Supreme Court found the language "in commerce or affecting
commerce" contained in 18 U.S.C. App. 1202 (a) to be ambiguous
on the question whether it was necessary to prove in an indi-
vidual case concerning illegal possession or receipt of a
- 15- -
firearm that the possession or receipt was "in commerce or
affecting commerce. " In resolving this ambiguity, the Court
narrowly construed the provision SO that, for example, posses-
sion of a firearm by a convicted felon, without specific proof
that the possession was "in commerce or affecting commerce" was
insufficient for conviction. Under the amendment to section
922 (h) the language "in commerce or affecting commerce" has
been omitted in order to eliminate the ambiguity cited by the
Supreme Court in favor of the ability to prosecute without
having to prove a connection with interstate commerce. Con-
sistent with eliminating proof of the connection to commerce
for conviction of illegal receipt, transportation, or posses-
sion, the reference to "interstate and foreign commerce" has
also been omitted.
The coverage in existing sections 922 (g) and (h) con-
cerning receipt, possession, transfer, and shipment of ammuni-
tion would also be carried forward to proposed section 922 (h).
The offense described in subsection (h) would be a 5-year
felony, consistent with the penalty for violation of existing
sections 922 (g) and (h) and increased from the 2-year penalty
under 18 U.S.C. App. 1202 (a)
Under section 2 (e) of the draft bill, there is a con-
gressional finding that receipt or possession of firearms or
ammunition by persons barred by federal law from such receipt
or possession constitutes a burden on commerce within and among
- 16 -
the states and a threat to the domestic tranquillity.
Proposed section 922 (i) carries forward the provisions
of existing 18 U.S.C. App. 1202 (b) barring persons employed by a
person barred from receiving, possessing, or transporting a
firearm in the course of employment if he knows or has reason
to believe the employer is in one of the groups barred from
receiving, transporting, or possessing a firearm. The pro-
visions would also apply to ammunition, consistent with pro-
posed subsection (h) and existing sections 922 (g) and (h)
Under section 924 (a) of title 18 as amended by section 8 (b)
of the bill, the offense would be a misdemeanor subject to up
to one year's imprisonment and a $1,000 fine, rather than a
2 year felony as provided in existing law.
Proposed section 922 (j), relating to bars against sales
of firearms or ammunition by licensees to persons barred from
possessing, shipping, transporting, and receiving any firearm
or ammunition under proposed subsection (h) and (i) of section
922, carries forward the provisions of existing section 922 (d),
amended to cover offenses by any person rather than limiting
the provision to licensees.
Proposed section 922 (k) would bar the shipment or trans-
portation of firearms or ammunition in interstate or foreign
commerce if the shipment or transportation was in violation of
a State law in a place to which or through
which the firearms or ammunition was shipped or of a published
ordinace applicable at the place of sale, delivery, or other
disposition.
-17-
Proposed section 922 (1) (1) would bar the sale by a
licensee of two or more handguns to a single person in a
period of thirty days or less, and proposed section 922 (1) (2)
would bar the purchase by a person of two or more handguns
in a period of thirty days or less from a licensee or
licensees, or from a licensee and an unlicensed person,
without prior approval of the Secretary of the Treasury under
regulations to be issued by the Secretary under proposed
section 926 (3) Proposed section 922 (1) (2) would also require
that a purchaser or recipient of two or more handguns in a
thirty-day period from unlicensed persons notify the
Secretary of such purchase or receipt within thirty days.
These provisions are designed to reach the volume purchaser
of handguns who is in the business of redistributing handguns
unlawfully. The regulations to be promulgated by the Secretary
would permit volume purchases for lawful purposes, such as
for pistol clubs, licensed protection agencies, and private
collections.
Section 7 of the draft bill contains amendments to
section 923 of title 18, which relates to licensing of manu-
facturers, importers, dealers, and collectors.
Subsections (a), (c), and (d) would amend section 923 (a)
- 18 -
to increase the fees for all licensees who manufacture, import
or deal in firearms, other than destructive devices, and who manu-
facture or import ammunition. The fee system is amended to
accomplish two basic purposes: to help assure that the licensee
is in fact planning to conduct or is conducting the business
for which he is licensed, and to charge fees consistent with
the cost of conducting adequate investigations of the bona fide
nature of the business to be conducted by the licensee.
The fee system would also be amended to provide higher
fees for handgun manufacturers, importers, and dealers than
for manufacturers, imp rters, and dealers in long guns. This
differentiation would permit identification of handgun dealers
in order to permit the Bureau of Alcohol, Tobacco, and Firearms
to concentrate its efforts on handgun dealers, and the increased
fees would help to pay the costs of the increased inspection.
Section 7 (a) of the draft bill would amend section 923 (a)
(1) to increase the license fee for manufacturers of firearms
other than destructive devices and handguns from $50 to $250
per year. The license fee for manufacturers of firearms in-
cluding handguns, but not including destructive devices, would
be $500 per year. The license fee for manufacturers of
ammunition for firearms other than ammunition for destructive
devices would be raised from $10 to $250 per year.
Section 7 (c) of the draft bill would raise the license
fee for importers of firearms other than destructive devices
- 19 -
and handguns and importers of ammunition for firearms other than
ammunition for destructive devices from $50 to $250 per year.
An importer of firearms including handguns but not including des-
tructive devices would pay a fee of $500 per year.
Section 7 (d) would increase some of the dealer's fees
set forth in section 923 (a) (3). First, a pawnbroker dealing
in firearms other than destructive devices and handguns, or in
ammunition other than ammunition for destructive devices would
pay a license fee of $250 per year rather than the present fee
of $25 per year. A pawnbroker who dealt in handguns would pay
a fee of $500. Most dealers in firearms would pay a $100 per
year license fee, unless they dealt in destructive devices or
handguns or unless they were gunsmiths or ammunition retailers.
The present fee is $10 for all dealers other than those who
deal in destructive devices. A dealer in firearms including
handguns but not destructive devices would pay a fee of
$200 per year. Gunsmiths, as defined in proposed
section 921 (a) (13), would pay an annual fee of $50 per
year. An ammunition retailer, as defined in proposed
section 921 (a) (12), would pay a license fee of $25
per year. The fees for gunsmiths are kept low because
they are generally craftsmen not doing a substantial
business and not conducting business in a manner
detrimental to law enforcement. Ammunition retailers'
fees are kept low since a dealer who carries only
ammunition and no guns is generally a small store which
keeps ammunition on hand for the convenience of
- 20 -
its customers.
Sections 7 (e), (f), and (g) of the draft bill contain
amendments to the licensing provisions of section 923 (d) of
title 18.
Under existing law, the Secretary of the Treasury has no
authority to deny a license to a person if he meets the age
and criminal record requirements and has premises from which
he conducts the licensed business or from which he intends to
conduct business. Section 7 (e) would amend section 922 (d) (1)
to make clear that the determination whether the Secretary will
issue a license is base i on a finding of the existence of the
factors. Under section 8 (f), section 923 (d) (1) (B) would be
amended to provide that the Secretary would make findings in
two additional areas before he could issue a license: first,
he would have to find under proposed section 923 (d) (1) (B) (ii)
that the applicant is not prohibited by State law or a relevant
ordinance of his place of business from conducting the business
to which his license would apply; and, second, that the appli-
cant is, by reason of his business experience, financial stand-
ing, or trade connections, likely to commence the business to
which the license applies and to conduct the business in con-
formity with federal, State, and relevant local law applicable
at his place of business. The word "relevant" has been used
in describing local laws which would be of concern to the
Secretary in determining whether to license an individual in
- 21 -
order to permit consideration not only of local firearms laws
but also of such matters as laws prohibiting the conduct of
business at the place of business indicated in the application.
However, a local law relating to, for example, fire regulations
or building codes is not intended to be covered since it is
believed that compliance with such details of conducting busi-
ness is a matter of local and not Federal concern.
Section 7 (g) would amend section 923 (d) (2) to increase
the length of time in which the Secretary of the Treasury
must act on a license application from 45 to 90 days. The ex-
tension of the time limit is necessary to give the Secretary
sufficient time to chec' the business record of the applicant
in order to assure himself of the legality of the license and
to ascertain whether the applicant is a bona fide businessman.
Section 7 (h) of the draft bill would amend sections 923 (e)
and (f) , relating to denial or revocation of licenses, and
administrative review of such denial or revocation, to permit
the Secretary to suspend a license or to assess a civil penalty
of up to $10,000 per violation in appropriate cases rather than
requiring the more drastic step of license revocation in all
cases of license violations. The Secretary would be authorized
to compromise, mitigate, or remit the liability at any time
with respect to a violation. Subsection (f) of section 923 is
amended to conform the existing review procedures to include
administrative and court review of suspension of licenses and
assessments of civil penalties.
- 22 -
Section 7 (i) of the draft bill would add several new
subsections to section 923 of title 18.
Proposed section 923 (k) would require the Secretary of the
Treasury to approve for manufacture, assembly, importation, sale or
transfer a handgun model which he had tested and evaluated and which
met specified criteria. To be approved, a handgun would have to be
particularly suitable for sporting or valid defensive purposes. In
addition, a pistol, as defined in proposed section 921 (a) (17) of
title 18, must have a positive manually operated safety device, have
a height (measured from the top of the weapon, excluding sights, at
a right angle to the line of the bore, excluding magazine extensions
or releases) of at least 4 inches and a length (measured from the
muzzle, parallel to the line of the bore, to the back part of the
weapon that is farthest to the rear of the weapon) of at least
6 inches, and must attain a total of at least 85 points under a
detailed list of criteria which apply points for factors relating
to, among other things, overall length, frame construction, weight,
caliber, and safety feature. The subsection would require that a
revolver have a frame length of at least 4 1/2 inches (measured from
the end of the fram nearest the muzzle, parallel to the line of the
bore, to the back of that part of the weapon that is farthest to
the rear of the weapon) a barrel length of at least 4 inches,
certain safety features, and a total of 60 points under a set of
criteria relating to, among other things, barrel length, frame
construction, weight, caliber, and safety features. The factoring
approach used in the subsection is similar to that used by the
Secretary in determining whether a firearm is
- 23 -
importable under section 925 (d) of title 18. The factoring
test in the bill would, however, require that a handgun acquire
more points, while increasing the points given for steel or
high tensile strength alloy frame construction and adding con-
sideration of additional criteria which would improve the
safety or quality of construction of the weapon. Curios and
relics would not come under the provisions of this subsection,
but would continue to be evaluated as provided in existing law,
26 C.F.R. 88 178.11 and 178.26.
Under proposed section 923 (1), the Secretary would give
written notification to the licensed manufacturer, importer,
dealer, or collector who submitted the samples for evaluation
and testing. It is expected that most requests for testing
will be made by manufacturers and importers, since they will
not be able to manufacture, assemble, or import models manu-
factured on or after the effective date of proposed section
923 (k) without prior approval. The section also provides that,
if the Secretary does not approve a handgun model, the aggrieved
party may request retesting of the model within 10 days of
receipt of notification that the model does not comply with
the standards. If the Secretary retests and continues to find
the model not in compliance, or if he finds that retesting is
not warranted, the aggrieved party may seek judicial review
under section 706 of title 5, United States Code.
- 24 -
Under paragraph (3) of subsection (1), the Secretary of
the Treasury must publish a list of approved handgun models in
the Federal Register at least semiannually, and that list must
also be included with the published ordinances which the
Secretary is required to furnish to licensees. The paragraph
also provides that if a handgun model was not in production on
or after the effective date of subsection (1), and the model
had not been tested or, if the model has been tested, the
results have not been published, the model is deemed to be
approved for the purposes of chapter 44 of title 18 until such
time as the model is disapproved. This provision is necessary
because of the thousands of models which have been produced in
the past but are no longer in production. It is anticipated
that the Secretary will be able to test most models produced
since 1968 for inclusion in the required list to be published
within sixty days after the date of enactment since many of
these weapons have already been tested in conjunction with the
import restrictions contained in the Gun Control Act of 1968.
As to handguns not in production since 1968, it is expected
that the Secretary will test old handgun models according to
their relative availability and that he will publish in the
initial listing required under section 13 (d) of the draft bill
a list of those readily available old model handguns which
fail the size or safety requirements outright. Of course, the
- 25 -
drop test provided for in proposed section 923 (k) (2) (C) would
not apply to a used revolver since it would not be a reliable
indicator of the safety of the particular handgun model and
would probably damage the weapon.
Sections 8 (a) and (b) of the draft bill would amend
section 924 (a) of title 18, relating to criminal penalties for
violation of the gun control provisions, to make the offense
of possessing a gun in the course of employment by a person
not entitled under Federal law to possess a firearm (proposed
18 U.S.C. 922 (i)) a one-year misdemeanor.
Section 8 (c) of th = draft bill would amend section 924 (c)
of title 18 to make a first offense of using a firearm to com-
mit a Federal felony or carrying a firearm during commission
of a Federal felony subject to a mandatory minimum sentence,
with no probation and no suspension of the sentence. Existing
law provides a mandatory term of imprisonment only for second
or subsequent offenses.
Section 9 (a) would amend section 925 (a) (2) of title
18 to make the provision permitting shipment or receipt of
firearms sold or issued by the Secretary of the Army under
section 4308 of title 10 (relating to rifle ranges and
permitting sale of "rifled arms" to the members of the National
Rifle Association and clubs organized for practice with rifle
-arms) inapplicable to handguns not approved by the Secretary
pursuant to proposed section 923 (k) of title 18.
- 26 -
Section 9 (b) would amend section 925 (a) (3) to
preclude shipment of Saturday Night Specials to members of
the Armed Forces or clubs for personal use of the member or
club.
Section 9 (c) would amend section 925 (a) (4), relating
to shipment of firearms to members of the Armed Forces, to
exclude Saturday Night Specials from the list of firearms which
may be shipped directly to members who are on active duty
overseas. Under the amendment made to section 1715 of title
18 by section 12 of the draft bill, such firearms could be
shipped only for a government or governmental entity, under
regulations promulgated by the Postal Service. The Secretary
of the Treasury would have to approve the regulations before
they were promulgated. A Saturday Night Special could not be
shipped by a licensee to a member of the Armed Forces merely
because of his status as a member of the Armed Forces stationed
overseas.
Section 9 (d) would amend section 925 (c) to add a new
paragraph (2) which would permit a court to provide relief
from disabilities under the Gun Control Act for a person
adjudicated mentally incompetent or committed to a mental
institution. A person could be relieved from the disabilities
if the court found that the person was no longer suffering
from a mental disorder and that possession of a firearm
by the person would not pose a danger to that person or to
another.
- 27 -
Section 9 (e) would amend section 925 (c), which
presently bars licensing a person under chapter 44 of title
18 if he has been convicted of an offense punishable by more
than one year's imprisonment involving use of a firearm or
of violating the chapter or the National Firearms Act, to bar
licensing of a person convicted of a State or local offense
punishable by more than one year's imprisonment if the offense
related to importation, manufacture, sale, or transfer of a
firearm.
Section 9 (f) of the draft bill would amend section
925 (d) (3) to clearly ban impo' tation of handguns which have
not been approved by the Secretary of the Treasury in accord
with the provisions of proposed section 923 (k) of title 18.
Since "handgun" is defined to include a combination of parts
from which a handgun can be assembled, the provision would
also ban the importation of parts of such handguns for assembly
in the United States.
Section 926 of title 18 is amended by section 10 of
the draft bill to include a reference to regulations to be
promulgated by the Secretary of the Treasury concerning
approval or notice of multiple sales of handguns under pro-
posed section 922 (1). A transferee of two or more handguns in
a thirty-day period in a transaction involving a licensee would
be required to obtain prior approval of the Secretary of the
Treasury of the transfer, and no approval would be given unless
- 28 -
the transferee demonstrated to the satisfaction of the Secre-
tary that the transfer was for lawful purposes. If the trans-
action not involving a licensee, notice to the Secretary of
the transaction would be required within 30 days after the
transaction.
Section 926 would be amended by section 10 (d) of the
draft bill to add a new subsection (b) giving officers and
employees designated by the Secretary of the Treasury to carry
out the provisions of chapter 44 of title 18 the authority
to administer oaths and affirmations.
Section 11 woul 1 repeal title VII of the Omnibus
Crime Control and Safe Streets Act (18 U.S.C. App. 1201-1203)
which would be covered under proposed sections 922 (h) and
(i) of title 18.
Section 12 would amend section 1715 of title 18,
relating to nonmailability of firearms, to ban mailing of any
handgun not approved by the Secretary of the Treasury pursuant
to proposed section 923 (k) of title 18 to any individual.
The Postal Service would issue regulations, subject to
concurrence in the regulations by the Secretary of the
Treasury, concerning mailing of such handguns for a
government in the United States or an entity thereof. It
is intended that there be no transfers of Saturday Night
Specials to individuals except when they receive guns in
their capacity as Government employees, and that, even in
- 29 -
that case, transfer be made by the government entity to
the individual rather than by a licensee. It is also intended
that these firearms not enter the flow of commerce at any
time, but be returned to the government entity by which they
were issued if they are no longer needed for the employee's
government functions.
Section 13 of the draft bill provides that the
effective date of the bill would be 90 days after the date
of enactment, except that under section 13 (b), the provisions
concerning approval of handgun models would be effective
upon the date of enactment in order to permit the Secretary
of the Treasury to begin testing. Under section 13 (a), a
dealer would be permitted to return to the owner a Saturday
Night Special received before the effective date. Under
section 13 (c), a valid license which was issued under section
923 of title 18 would remain valid until its date of
expiration unless it was suspended, revoked, or terminated
before that date. Under section 13 (d), the first list of
handgun models approved by the Secretary of the Treasury would
have to be published in the first sixty days after enactment.