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
258225310
label
Guns & Ammunition [Sept. 1970-July, 1969] [2 of 2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
258225310
contentType
document
title
Guns & Ammunition [Sept. 1970-July, 1969] [2 of 2]
citationUrl
collections
White House Staff Member and Office Files (Nixon Administration)
Geoffrey Shepard's Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
258225310
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
d166cc03ad0857f4
ocrText
NATIONAL ARCHIVES AND RECORD SERVICE
WITHDRAWAL SHEET (NIXON PR ECT)
DOCUMENT
DOCUMENT
NUMBER
TYPE
SUBJECT/TITLE OR CORRESPONDENTS
DATE
RESTRICTION
letter
From Charles G Wilber, Ph.D., to the
3/17/70
D
Honorable Donald G. Brotzman
FILE GROUP TITLE WHSF: SM $ OF Geopprey shepard
BOX NUMBER 2 of 3
FOLDER TITLE Guns 8 Ammunition [Sept.1970- July, 1969] [ 20f2]
Restriction Codes
(E) Release would disclose trade secrets or confidential
(A) Release would violate a Federal statute.
commercial or financial information.
(B) National security classified information.
(F) Release would disclose investigatory information compiled
(c) Pending or approved claim that release would violate
an individual's rights.
for law enforcement purposes.
(G) Withdrawn and returned private and personal material.
(D) Release would constitute a clearly unwarranted invasion
of privacy or a libel of a living person.
(H) Withdrawn and returned non-historical material.
GENERAL SERVICES ADMINISTRATION
GSA FORM
Reproduced at the Richard Nixon Presidential Library and Museum
Date 7/27/09
Referred to:
m
By: Mr. Hopkins' Office
Reproduced at the Richard Nixon Presidential Library and Museum
Colorado Teacher Dissects
Violence Commission Report
By Charles G. Wilber, Ph. D.
The report on "Firearms and
particularly hand gun sales,
at their gratuitous statement on
the example of Switzerland is
Finally, the recommendation
Every law-abiding citizen in the
of some staff investigator.
Violence" issued by the National
must be attributed to the rising
crime rate and gun ownership.
not used. In that country it is
with respect to the development
United States agrees on this.
It is hoped that responsible
Commission on the Causes and
fear of violence that the United
Defense
mandatory for every male
of a non-lethal weapon is bewil-
Hand gun and long gun en-
public officials, members of the
Prevention of Violence, which
States has recently experienc-
The Commission goes on to
citizen to own a gun and to be
dering. The Commission admits
thusiasts in the United States
Congress, and representatives in
advocates outlawing 90 per cent
ed." This statement cannot be
discuss in a very strange way
trained in marksmenship up to
that law-abiding Americans un-
have been begging that more
the various state legislatures
of the nation's handguns, has
supported by the facts available.
created a stir in the ranks of
The Commission completely
the problem of firearms in self
a certain age. Beyond that age
derstandably and justifiably fear
severe penalties be attached to
will discount appropriately the
recommendations and conclu-
gun-owning sportsmen a nd
defense In an attempt to sup-
he no longer is forced to engage
for their safety under certain
crimes committed using any
ignores the great increase in
purchases of bows and arrows.
port its rather specious reason-
in shooting, but he may do SO if
conditions and that under these
type of firearm. Unfortunately,
sions of this extremely slanted
lawmakers following its release
ing on firearms and self defense
he wishes.
conditions it is appropriate that
the persons who should know
report. It is urgent that anyone
on July 28.
Certainly one will not attribute
there is a footnote on page four
It is difficult to evaluate a
they have some kind of defen-
better do not support these
concerned with the firearms
The following is a critique of
the rapidly increasing bow and
(note no. 5) which states: "No
report such as this because of
sive weapon. However, has it
moves of the gun owners. They
problem read and note very
the "Firearms and Violence"
arrow sales to a rising fear of
data are available on how fre-
the misuse of data, the actual
ever come to their attention (or
seem to be more concerned with
carefully the internal contradic-
Report by Dr. Charles G. Wil-
violence. It is obvious, however,
to those who have some
quently robberies and burglaries
fabrication of data, and the lack
are they blind to the fact) that
taking guns away from law-
tions which abound in this
ber, Ph.D., chairman and pro-
are foiled by the householder's
of presentation of the whole
the anti-gun elements in the
abiding individuals than with at-
report. At the very beginning of
fessor of the Department of
awareness of the recreation in-
display of a gun that is not
truth.
country are also anti-law-abiding
tacking the root of the problem
the report it is clearly stated
Zoology, Colorado State Univer-
dustry that the shorter work
fired. Nor are data available on
One could rephrase the state-
citizen? For example, in various
which is misuse of guns by evil
that "The vast majority of gun
sity, Fort Collins, Colo. In the
week, more money to spend,
the use of guns by women to
ment made by the Commission,
legal jurisdictions (such as New
people.
owners do not misuse
and the ever increasing need for
critique, Dr. Wilber looks at the
prevent attempted rapes:
and quoted above, to read: "We
York City) where firearms are
It is most difficult to under-
firearms"; but the Commission
recreation has resulted in a
Violence Report from the stand-
presumably this occurs ex-
believe, on the basis of all the
stand how a Commission of
virtually outlawed completely,
then goes on to make recom-
phenomenal and enormous
point of a professional educator
growth in the sales of all kinds
tremely infrequently."
evidence before us, that reduc-
any kind of defensive weapon is
presumably honest individuals
mendations which would
The presumption expressed re-
ing the availability of the
also outlawed from the law-
can subscribe to the details of
penalize the "vast majority" of
and an interested gun owner.
of sporting goods items.
veals the bias which the writers
automobile will reduce
abiding citizen. The recom-
this statement on firearms and
gun owners without doing any-
Because of the length of Dr.
Homicide
of this report have. Moreover, the
automobile tragedies." No one
violence. After careful examina-
mendation with respect to the
thing to attack the root of the
Wilber's comments, the critique
It is difficult for the objective
in his right mind will deny that
tion it seems clear that the
statement is not true. This foot-
production of an effective non-
misuse problem and that
observer to ascertain where the
will be serialized in future is-
note merely indicates that the
the violence on our highways is
recommendations and conclu-
lethal weapon is extremely dif-
includes lack of appropriate
Commission found evidence to
Commission staff was either too
causing infinitely more serious
sions of the Commission on
ficult to understand. Again, it
education which results in
sues of Gun Week. Part one
support the statement made on
damage, death, suffering, ex-
Firearms and Violence are bas-
lazy to dig out the available
makes one wonder whether the
firearms accidents and the pro-
follows:
page two to the effect that:
statistics, refused to believe
pense, disruption of society, than
Commission members really
ed on suppression of facts, on
tection of criminals in their
In view of the fact that the
"We find that firearms, par-
are firearms.
know what the various portions
distortion of facts, and on the
misuse of firearms for criminal
them, or having seen them
National Commission on the
ticularly hand guns, play a ma-
realized that the data would not
Accidents
lack of factual information.
of the report really said.
purposes.
Causes and Prevention of
jor role in the commission of
support their preconceived no-
The Commission statement
Under legislation they say
Moreover, there is specious
The Commission, moreover, in
Violence has made a "state-
homicide, aggravated assault,
tions.
implies that firearms accidents
"We conclude that the rising
argument involved; there are
the preamble points out that
ment" on the relation of
and armed robbery, and that
Consequently, no use would be
"cause thousands of deaths and
tide of firearms violence in this
statements which cannot be sup-
"Firearms generally facilitate,
firearms and violence, and in
they are being used in greater
made of them. This kind of
injuries each year." One might
country merits further
ported by any facts available
rather than cause, violence."
from the various statistical
view of the fact that this "state-
percentages of these violent
scholarly irresponsibility is hard
point out that the same must be
legislative action at the present
Later in the report the contrary
ment" may be accepted un-
crimes." In view of the govern-
to accept from a report issued
said of bath tubs, kitchen stools,
time." First of all, the state-
agencies of our government. The
is implied.
critically, it seems important to
ment's own figures available
with the approval of Dr. Milton
ladders, and swinging doors.
ment of a rising tide of
statement, for example, on page
It is important to realize that
analyze it from the factual point
from the Public Health Service
two to the effect that "Other
Eisenhower. The very fact that
A recent study completed by
firearms violence may be open
in the Commission Statement
of view. The commission state-
from the years 1910-1960, and
such a questionable footnote
the distinguished Harvard Pro-
to serious question on a factual
studies confirm our finding that
there is clear-cut evidence of
ment was published July 28,
from the Federal Bureau of
would be used in an attempt to
fessor of Public Health, Dr.
basis. Again, one suggests that
the proportion of gun use in
use of the "big-lie technique."
1969. The chairman of the Com-
Investigation, U. S. Department
document statements indicates
Ross A. McFarland, clearly
the Commission did not study
violence rises and falls with gun
That technique supposes that if
mission was Dr. Milton Eisen-
of Justice, from 1961-1966, the
the worthlessness of the report
shows that in 19 different coun-
the history of firearms legisla-
ownership" is completely con-
something is said often enough
hower, former president of the
statement made by the Commis-
as a whole.
tries of the world (USA includ-
tion in the United States very
trary to what has been publish-
by persons in positions of trust
Johns Hopkins University.
sion must be labeled as an un-
ed), of all accidental deaths only
clearly or very honestly.
ed in the Congressional Record
Crime Rates
or power then anyone should
This is a nefarious document
truth.
Apparently, the Commission
1.3 per cent could be attributed
itself. Repeated studies, made
and will believe it whether it is
because it lends itself to pro-
Using the government's own
on the Causes and Prevention of
to firearms. Firearms were the
If the various laws already on
by objective individuals, have
true or not. Hitler used the
paganda based on innuendo,
figures, the trend of firearms
lowest on the scale of causes of
the books with respect to
demonstrated that quite the con-
technique effectively. It is not
Violence has little respect or in-
specious argument, circular
homicide rate in the United
firearms were enforced we
terest in the proceedings of the
accidental deaths; far below
trary seems to obtain: as gun
American; it is not scientific; it
States has been consistently
motor vehicles (36 per cent),
would have less difficulty than
ownership by 1 a W abiding
reasoning, internal contradic-
is not objective.
tions and direct mistruths. One
dropping since 1910. The firearm
United States Congress. Very
falls (22 per cent), drownings (9
we do now. It should be pointed
citizens increases there is a
fine studies on firearms which
Conclusion
of the first statements of the
homicide rate (that is the num-
out that the murders of various
decrease in crimes of violence
have been reported in the Con-
per cent), or poisonings (4 per
The statement on firearms
ber of firearm homicides per
public political leaders all in-
Commission with respect to
hundred thousand people) was
gressional Record were ignored.
cent). The reason for the Com-
involving guns.
and violence issued by the Na-
firearms is contradicted later by
at
about firearm
and
volved the breaking of at least
Unfortunately, too, the Com-
by the Commission. For exam-
tional Commission on the Causes
the recommendations which the
up to about 5 per hundred thou-
half a dozen existing laws. Con-
accidents is obscure; or is it
mission has used its imagination
ple. in January 30. 1968 issue of
sequently how this Commission
and Prevention of Violence
to raiso great specters of fear
firearms contradicted by
up to about 5 per hundred thou-
by the Commission. For exam-
half a dozen existing laws. Con-
the recommendations which the
accidents is obscure; or is it
mission has used its imagination
ple, in January 30, 1968 issue of
and Prevention of Violence
Commission published. On the
sand in 1910. By 1940 this had
sequently, how this Commission
meant to becloud the issue?
to raise great specters of fear,
dropped to 4; by 1965 this had
the Congressional Record,
can naively suggest that further
deserves to be scrapped as un-
e.g., the comment that "A new
first page of the commission
Volume 114, No 12, there was
Recommendations
statement it is said: "We
dropped to 3 or less. If
laws would prevent these trage-
trustworthy, irresponsible, and
wave of American vigilantism
reported a statistical study of
dies is not clear to the
as an insidious attack on our
trend over a 50-year period con-
Special reference should be
could result The report
believe this (decrease in the
tinues we would expect that the
the relationship between firearm
reasonable man.
Constitutional guarantees. The
made to the recommendations of
contains some underhanded
misuse of firearms) is possible
ownership and crime rates. The
The Commission has revealed
lack of intellectual and scholarly
firearm homicide rate by 1970
the Commission for a national
phrasing; for example, it is
if both the advocates and the
study demonstrated clearly that
its emotional involvement when
integrity on the part of the draf-
will be slightly over 1 per hun-
firearms policy. It is important
stated that "Extremist groups,
opponents of gun control legisla-
dred thousand. The point at is-
there is no causal relationship
it refers to the hand gun as a
ters of the statement is so ap-
that these be examined ex-
regardless of race, are
tion will put aside their suspi-
between gun ownership and
weapon so "infrequently a sport-
parent that four members of the
sue is that, as the trend of
tremely critically because they
remarkably alike in their at-
cions and preconceptions, accept
crime.
firearm homicide rate in the
are not in accord with our na-
ing arm." This statement is
Commission were impelled to
titudes towards firearms a n d
the fact of a common danger
United States has been down-
In fact the study indicated
tional tradition or legal system
definitely not true. The hand
refuse "to concur fully in the
their opposition to firearms con-
without exaggerating its dimen-
ward between 1910 and 1966, the
in the United States. One cannot
gun is, in the United States,
report of the Commission."
that there is a negative
trol." This is a knavish asser-
sions, and act for the common
good." In the light of the radical
ownership of firearms has
relationship between firearm
take exception to the recom-
primarily a sporting arm in the
tion which implies that if one
ownership and crime rates. The
mendation with respect to public
hands of law-abiding citizens. It
opposes firearms control he is
and incredible recommendations:
trended upward, primarily as a
result of increased use of
statement in the Congressional
education. Certainly, the aim of
is used properly as an offensive
not a good American and
which the commission later
firearms for sporting purposes.
Record says: "As the proportion
the National Rifle Association
weapon and as a weapon of pro-
belongs to an extremist group.
makes, one questions whether
In 1966 there were nearly
of the population possessing
and law-abiding owners of
tection primarily by our police
Such writing is despicable and
this statement was made to put
three and a quarter million
firearms goes down, crime rates
firearms has always been to
forces.
ought to be beneath the dignity
at ease the very real concerns
crimes in the United States.
go up." In other words, the con-
educate the public on the
One should also recall that the
of any self-respecting commis-
and apprehensions of millions of
Firearms were misused in only
tention that fewer people with
responsibility of firearm owner-
murder of John F. Kennedy and
sion. It is obvious that the Com-
law-abiding American citizens.
guns will mean less crime finds
ship. This education recom-
the murder of Martin Luther
On page one, the claim is
3.4 per cent of these crimes.
mission itself felt the disgusting
This 3.4 per cent includes the
no support from the scientific
mendation of the Commission is
King did not involve the use of
implications of this statement
made that "with a few scattered
so-called "gangster weapons",
data available. The negative
extremely important. It should
hand guns.
because in a footnote it states:
exceptions, hand guns are not
home-made zip guns, modified
relationship between firearm
do much to eradicate the unfair
Confiscation
"This is not to imply that all
sporting arms." This statement
toy guns and the so-called alleg-
ownership and serious crime,
and vicious criticisms of the Na-
The recommendations of the
persons who oppose additional
is obviously not in keeping with
ed guns. The latter category in-
aggravated assault, and robbery
tional Rifle Association.
Commission with respect to con-
controls are extremists." Why in
the facts of American life. The
volves, for example, the robbing
were statistically significant us-
Moreover, it should do much to
fiscation of hand guns, except
the world would a forthright and
evidence which could be readily
of a store by an individual who
ing widely accepted and well
encourage proper a r m S
those issued to police officers
objective Commission write the
gathered from firearms dealers
is holding his hand in his
designed statistical procedures.
education in our schools. We
and the like, just do not stand
original sentence in the first
and from the legal users of
pocket, even though there is no
The study in the Congressional
realize that there must be a
up under the light of day. For
place? This particular sentence
firearms themselves will in-
gun in the pocket. If the victim
Record goes further and says
driver education program in
example, the Report urges that
is one example of the type of
dicate to any honest investigator
thinks that a gun is involved,
that "this means that firearm
every high school. It seems in-
serious penalties be attached to
argument, the type of rhetoric
that the majority of hand guns
this event is recorded as a hand
ownership by the law-abiding
credible that we do not have a
the possession of guns by
which is used throughout this
are used for sporting purposes.
gun crime.
public could be a factor in
firearms education program in
unlicensed persons; we already
report. It is a shameful exhibi-
Individuals who use hand guns
Crime
restricting the number of these
have serious penalties attached
tion and should wound the cons-
every high school.
for sporting purposes tend to
The available data indicate, to
criminal acts." How then, can
The Commission recommenda-
to possession of a variety of
ciences of the authors.
have more than a single hand
any honest man, that if
one have any confidence in the
tion on research is one which,
martial firearms but the
The conclusion that any honest
gun in their possession. As an
firearms were to be completely
Commission Statement on
criminal still uses them.
individual must come to after
example, the regular com-
eliminated from society by mass
Firearms and Violence? The or-
on the face of it, looks honest
The only ones who will be
reading this nefarious Commis-
petitors in national and interna-
confiscation and so on, and that
dinary citizen would like to have
and forthright. But when it is
harmed by the recommendations
sion Report is that it should be
tional hand gun shooting com-
if no criminal substituted any
legislation and debate based on
examined with care it is obvious
of this Commission, with respect
totally disregarded. The Con-
petition will of necessity have
other kind of weapon for a
facts and not on fiction.
that one might question the good
to hand guns, are the law-
gress of the United States, it-
three guns which they use in
firearm, the United States would
Hand guns
sense and the integrity of the
abiding citizens. The Supreme
self, should investigate this mat-
any one contest. One of these is
still have 96.6 per cent of its
On page six the Commission
Commission. On page seven un-
Court already has ruled that
ter if it feels it essential. It is
a semi-automatic pistol; the
serious crime and 99.6 per cent
admits that there is no sound
der "research recommenda-
laws may not force criminals to
important that law-abiding gun
other would be a revolver; and
of its total crime. New York
evidence on which to base con-
tions", the Commission says
register their hand guns because
owners be involved in looking
then there would be a third gun
State and New York City are
clusion concerning the restric-
that there should be further
this act would be "self-
over the staff officials of the
of a different caliber from the
research on relationship between
Commission. One questions the
sometimes presented as models
tion of hand guns. They say
incrimination." As reported in
other two. Thus it is easy to
of the kind of legislation that
"We believe, (my emphasis) on
firearm violence and how this
the press, the registration law in
competence of these individuals
see, if one is willing to be
would prevent firearm crimes.
the basis of all the evidence
violence can be reduced. Despite
the city of Chicago specifically
to produce such a study.
influenced by facts and not by
The facts available do not sup-
before us, that reducing the
the dogmatic statements made
excludes and excuses criminals
It is discouraging to a law-
preconceived ideas, that 100 par-
port this belief. The Joint
availability of a hand gun will
earlier in this report, the Com-
from registering their hand
abiding citizen to read the many
ticipants in a hand gun sporting
Legislative Committee on
reduce firearm violence." The
mission admits that we need
guns. How then can this naive
statements made by a
event could account (without
Crime, Its Causes, Control and
Commission presents no
much more information on the
Commission say that the ap-
presumably respectable Com-
stretching reality whatever) for
Effects on Society of the New
evidence. This "belief" of theirs
relationship between firearms
prehension of la a bidin g
mission. In the opinion of many
300 hand guns validly owned and
and violence than we have now.
citizens will reduce the rate of
readers of the Commission
York State Legislature pointed
really should have no part in an
used by these responsible indivi-
out that the use of home-made
objective study.
The recommendations clearly in-
violent crime in the United
Report, the conclusion is
duals.
zip guns exceeded the misuse of
The attempt to use experience
dicate that the Commission,
States?
inescapable that the members of
Also highly questionable is the
rifles and shotguns in murders,
in other countries such as
despite its manifesto earlier, is
The final conclusion of the
the Commission did not read the
statement made again on page
robberies and assaults in New
England and Wales as an exam-
not well informed and cannot be
Commission makes no sense. It
final draft with any understand-
one of the report to the effect
York State during the year 1966.
ple of what would happen in the
well informed with respect to
merely says that the reduction
ing or critical sense. They ap-
that "A substantial part of the
One wonders what type of data
United States is absolutely in-
many of the matters on which it
of gun violence in the United
parently accepted without any
rapidly increasing gun sales,
the Commission used to arrive
competent. One wonders why
has pontificated.
serious evaluation the prej-
States will be a good thing.
Gun
Week
udices, blindnesses, and naivete
FIRST WEEKLY NEWSPAPER SERVING SHOOTERS AND COLLECTORS
Reproduced at the Richard Nixon Presidential Library and Museum
September 23, 1970
MEMORANDUM FOR CHUCK COLSON
SUBJECT:
22 CALIBER RIMFIRE AMMUNITION
You may have seen a copy of my memorandum to Ehrlichman on
this subject. You will note that most of the reasons supporting or
opposing the exemption of 22 caliber ammo lies with the Robert
Kennedy assassination. My personal feeling is that while our
supporting the exemption could well be used by Senator Kennedy,
it's not that important in Massachusetts as he will probably win
handily anyway. However, I am concerned about putting the Presi-
dent in a position of supporting a measure which might be
interpreted as blatantly anti-Kennedy on a subject still charged
somewhat with high emotion.'
On the merits, there is no question in my mind that we should
support the exemption. It may well be that the political advantages
in supporting our Republicans outweigh the flack we will take from
Kennedy and his group.
At your convenience, I would like to discuss this with you before you
contact Senator Prouty.
Bud Krogh
Reproduced at the Richard Nixon Presidential Library and Museum
THE WHITE HOUSE
WASHINGTON
September 21, 1970
MEMORANDUM FOR
BUD KROGH
Attached is a copy of a letter that John has received from
Senator Winston Prouty with regard to the registration of
.22 caliber ammunition. I have spoken to Chuck Colson about
this and advised him of our position on this issue and why
we cannot, at least at this time, support this legislation.
Chuck has agreed to call Senator Prouty, who he knows quite
well, and advise him informally of the President's position
at this time. Before he does so, he would appreciate it if
you would give him an indepth briefing of exactly what is
involved here.
Would you please get together with Chuck Colson so we can
get this thing taken care of.
Thank you.
KEN COLE
Attachment
CC: Chuck Colson
Reproduced at the Richard Nixon Presidential Library and Museum
RALPH YARBOROUGH, TEX., CHAIRMAN
JENNINGS RANDOLPH, W. VA.
JACOB K. JAVITS, N.Y.
HARRISON A. WILLIAMS, JR., N.J.
WINSTON L. PROUTY, VT.
CLAIBORNE PELL, R.I.
PETER H. DOMINICK, COLO.
EDWARD M. KENNEDY, MASS.
GEORGE MURPHY, CALIF.
GAYLORD NELSON, WIS.
RiCHARD S. SCHWEIKER, PA.
WALTER F. MONDALE, MINN.
WILLIAM B. SAXBE, OHIO
THOMAS F. EAGLETON, MO.
RALPH T. SMITH, ILL.
United States Senate
SEP 18 1970
ALAN CRANSTON, CALIF.
HAROLD E. HUGHES, IOWA
COMMITTEE ON
ROBERT o. HARRIS, STAFF DIRECTOR
LABOR AND PUBLIC WELFARE
JOHN s. FORSYTHE, general COUNSEL
WASHINGTON, D.C. 20510
September 14, 1970
Mr. John Ehrlichman
Assistant to the President
for Domestic Affairs
The White House
Washington, D. C.
Dear John:
I understand you have before you for consi-
deration favorable reports to the Congress by the
Secretary of the Treasury and the Attorney General on
S. 3724, which I co-sponsored, and companion House bills.
These bills, as you know, would repeal the record keeping
requirements for .22 caliber rimfire ammunition under the
Gun Control Act of 1968. I know you are aware of the
great support this matter has among Republicans in the
Congress, particularly in the Senate.
Over 20,000,000 licensed hunters and farmers
are awaiting the passage of this bill. Ammunition cannot
be traced to the purchaser and cannot be manufactured so
that it can be traced to the purchaser and, therefore,
the record keeping requirements do not in the slightest
aid in law enforcement.
About 300,000 cartons of .22 caliber rimfire
ammunition were sold daily and billions annually before
the enactment of the Gun Control Act of 1968. Because
of the burden of the record keeping requirements many
small dealers are no longer selling this ammunition and
consequently farmers and sportsmen are finding it diffi-
cult to obtain such ammunition at a time when the hunting
Reproduced at the Richard Nixon Presidential Library and Museum
Mr. John Ehrlichman
September 14, 1970
Page Two
season will soon be opening in many sections of the
country. The record keeping requirements are not only
a burden upon small retailers, farmers and sportsmen
but also upon the Government.
Last fall, the .22 caliber rimfire ammunition
provision was removed from an amendment offered by
Senator Bennett to repeal record keeping requirements
in the gun control law. The proposal now by the Senate,
sponsored by Senator McGee and myself, among others, is
essential to repeal those provisions with respect to
.22 caliber rimfire ammunition. This proposal cannot
receive the support it needs for passage by the Senate
without the favorable reports of the executive departments
which I understand have been submitted to your office.
I am sure you realize the importance of this
particular proposal to those of us in the Senate who are
sponsors. It is particularly a pressing problem at the
present time. Insofar as November is concerned, it is
certainly one of the more important bills before the
Senate which should be passed this session.
I hope very much that you will make the reports
on the bill S. 3724 from the Department of the Treasury
and the Department of Justice available to the Senate
and to me at the earliest possible date.
Sincerely,
brustos, Printy
Winston Prouty
United States Senator
Reproduced at the Richard Nixon Presidential Library and Museum
August 19, 1970
ACTION
MEMORANDUM FOR JOHN EHRLICHMAN
FROM:
BUD KROGH
SUBJECT:
e 22 CALIBER AMMUNITION -
RECORDATION REQUIREMENTS
Treasury and OMB have both been requested to report on certain
amendments to the Internal Revenue Code which would exempt from
the recordation requirements of the Gun Control Act sales to consumers
of 22 caliber ammunition,
In November, 1969, the Congress repealed those provisions of the Act
which required recordation of sale transactions of shotgun ammunition
and ammunition suitable for use only in rifles generally available in
commerce (sporting rifles). Purchases of ammunition interchangeable
between rifles and handguns, such as .22 caliber rimfire ammunition,
continued to be subject to the recordkeeping requirements.
Arguments Favoring Amendments:
(1) The 22 caliber ammunition is the favored sporting
ammunition (4. 3 billion rounds sold annually). Sportsmen
and the millions who own . 22's would favor repeal of
burdensome recording requirements. (See Tab A)
(2) This volume of transactions allegedly detracts from the
law enforcement of other provisions of firearms laws,
but no proof of this is available.
(3) Sinc 1938, the statutory definition of ammunition
excluded 22 caliber ammunition from the pistol category
even though usable in pistols.
(4) Recordation is 2. useless exercise as Treasury does not
receive the documents and hence can put them to no use.
Reproduced at the Richard Nixon Presidential Library and Museum
Arguments Opposing Amendments:
(1) Gun control advocates, liberals, the Washington Post,
et. al. would severely criticize the Administration for
loosening ammunition restrictions.
(2) Robert F. Kennedy was killed by a .22 caliber cartridge
fired from a pistol.
(3) The reason 22 caliber cartridges were not included in
the November, 1969 amendments is that Senator Edward
Kennedy warned Senator Bennett that if they were
exempted, he would oppose passage of the remainder of
the amendment.
(4) Kleindienst, on January 23, 1970, wrote to Chairman Mills
opposing the exemption of 22 caliber ammunition from
the recording provisions because the cartridge can "be
used for non-sporting as well as sporting purposes. 11
Justice now wishes to defer to Treasury. Santarelli feels
exemption is sound on the merits, but he fears the Kennedy/
liberal attack.
(5) Not enough time has passed to accurately assess the deterrent
benefits of this provision.
(6) We have no proof that the Administration of the provision
is so burdensome as to hinder the enforcement of other
firearm provisions as Treasury does not receive records
from the seller.
(7) In 1969, fifty-one percent of the 14, 590 murders in the
United States were committed with handguns.
(8) Although 22 caliber bullets are used primarily for
sporting, the average citizen does not understand the
difference between 22 caliber bullets and any other
bullet. Eliminating the recordation requirement might
appear to them to be a back-down on tough law enforce-
ment.
Comment:
On balance, I feel we should oppose exemption at this time, mostly
because of the emotional issue Kennedy will make out of our position.
Reproduced at the Richard Nixon Presidential Library and Museum
RECOMMENDATION
That you determine whether the Executive Branch should favor or oppose
exemption of . 22 caliber ammunition from the recordation requirements
of the Gun Control Act.
Reproduced at the Richard Nixon Presidential Library and Museum
Records on Sale of Ammunition Kept by Vendor
1.
Kept in bound volume
2.
Date of sale
3.
Name of manufacturer
4.
Caliber sold
5.
Name, address, date of birth of purchaser
6.
Method of purchaser identification used
These methods are maintained indefinitely by seller and
are not sent to the Department of Treasury
Reproduced at the Richard Nixon Presidential Library and Museum
Form DJ-150
(Ed. 4-26-65)
UNITED STATES GOVERNMENT
DEPARTMENT OF JUSTICE
Memorandum
TO
:
Egil Krogh
DATE: March 13, 1970
Deputy Assistant to the President
FROM
Donald E. Santarelli
Associate Deputy Attorney General
SUBJECT:
Ehrlichman's Pistol Packing
the availabity of
I gave you my views on the telephone.
We should stick to the approach that he was
talking entirely about cheap, easily available "Saturday
1
Night Specials" about which this Administration has
objected before. Any legislation proposed would be to
define such a category of cheap, unsafe, and non-sporting
handguns for proscription. Nothing was implied with
respect to honest, law-abiding citizens' right to own
firearms for sporting or self-protection purposes.
will gym. cantrol file.
Reproduced at the Richard Nixon Presidential Library and Museum
The Secretary shall not, under this or any other provision of
law require any such importer, manufacturer, or dealer in
firearms and ammunition to keep records concerning persons
who purchase shotgun shells, metallic ammunition suitable for
use only in rifles, or any . 22 calibre rimfire ammunition.
Reproduced at the Richard Nixon Presidential Library and Museum
EXECUTIVE OFFICE OF THE PRESIDENT
bureau OF THE budget
WASHINGTON, D.C. 20503
July 14, 1969
MEMORANDUM FOR MR. KROGH
Subject: Treasury's draft bill on ammunition
As promised, I am attaching a copy of Treasury's pro-
posed draft bill to exclude handgun and rifle ammunition
from regulation. You were going to discuss the bill
with Paul Eggers.
We will not take action to clear the draft bill until
we hear from you.
Nef Ronemel
Wilf Rommel
Assistant Director for
Legislative Reference
Attachment
Reproduced at the Richard Nixon Presidential Library and Museum
Dear Mr. Speaker:
There is transmitted herewith a draft of a proposed bill,
"To change the definition of ammunition for purposes of chapter
44 of title 18 of the United States Code."
Under existing law, the term ammunition is defined to mean
all ammunition and components of ammunition for all firearms.
The proposed bill would eliminate all controls over ammunition,
except with respect to ammunition for destructive devices.
Experience has shown that it is difficult to control effectively
interstate and foreign commerce in conventional firearms summuni-
tion used for sporting, recreational and other lawful purposes.
Strict controls can be effectively exercised over the interstate
movement of emmunition for destructive devices and, because of
the inherent danger of such ammunition, it should be exercised.
There is enclosed an analysis which explains in more detail
the provisions of the bill. There is also enclosed for your
convenient reference a comparative print showing the changes in
existing law that would be made by the proposed legislation.
It would be appreciated if you would lay the proposed
legislation before the House of Representatives. An identical
bill has been transmitted to the President of the Senate.
Sincerely yours,
The Honorable
John W. McCormack
Speaker of the House
of Representatives
Washington, D. c. 20515
Enclosures - 3
Reproduced at the Richard Nixon Presidential Library and Museum
A BILL
To change the definition of ammunition for
purposes of chapter 44 of title 18 of the
United States Code.
1
Be it enacted by the Senate and House of Representatives
2
of the United States of America in Congress assembled, That
3
section 921 (a) (17) of title 18 of the United States Code is
4
amended to read as follows:
5
"(17) The term 'ammunition' means ammuni-
6
tion for a destructive device; it shall not
7
include shotgun shells or any other ammunition
8
designed for use in a firearm other than a
9
destructive device."
10
SEC. 2. Section 921 (a) (16) of title 18 of the United
11
States Code is amended by striking from subparagraph (B)
12
"rimfire or conventional centerfire fixed ammunition" and
13
inserting in lieu thereof "a rimfire or conventional center-
14
fire fixed shell or cartridge".
15
SEC. 3. Section 922 (a) of title 18 of the United States
16
Code is amended by--
17
(a) inserting in paragraph (3) "or ammunition" after
18
"firearm" where it first appears in the paragraph;
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
1
(b) inserting in paragraph (4) "ammunition,"
2
after "destructive device," and
3
(c) inserting in paragraph (5) "or ammunition"
4
after "firearm" where it first appears in the paragraph.
5
SEC. 4. Section 922 (b) of title 18 of the United States
6
Code is amended by--
7
(a) striking paragraph (1) and inserting in lieu
8
thereof the following:
9
"(1) any firearm to any individual who the
10
licensee knows or has reasonable cause to believe
11
is less than eighteen years of age, and, if the
12
firearm is other than a shotgun or rifle, to any
13
individual who the licensee knows or has reasonable
14
cause to believe is less than twenty-one years of
15
age, or any ammunition to any individual who the
16
licensee knows or has reasonable cause to believe
17
is less than twenty-one years of age.";
18
(b) inserting in paragraph (3) "or ammunition" after
19
"firearm" where it first appears in the paragraph; and
20
(c) inserting in paragraph (4) "ammunition," after
21
"destructive device,".
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
1
SEC. 5. Section 923(a) of title 18 of the United
2
States Code is amended as follows:
3
(a) Paragraph (1) is amended by striking from subparagraph
4
(A) "for destructive devices" and adding "or" after the
5
semicolon; by striking from subparagraph (B) the semicolon
6
and the word "or" and inserting in lieu thereof a period;
7
and by striking subparagraph (C).
8
(b) Paragraph (2) is amended by striking from subpara-
9
graph (A) "for destructive devices"; and by striking from
10
subparagraph (B) "or ammunition for firearms other than
11
destructive devices".
12
(c) Paragraph (3) is amended by striking from sub-
13
paragraph (A) "for destructive devices"; by striking from
14
subparagraph (B) "for firearms other than destructive devices";
15
and by inserting in subparagraph (c) "or ammunition," after
16
"destructive devices".
17
SEC. 6. Section 923(j) of title 18 of the United States
18
Code is repealed.
19
SEC. 7. Section 925 (a) of title 18 of the United States
20
Code is amended by striking from paragraphs (2), (3), and
21
(4) "or ammunition" each place it appears in the paragraphs.
Reproduced at the Richard Nixon Presidential Library and Museum
COMPARATIVE PRINT
Title 18 -- United States Code
Chapter 44 -- Firearms
*
*
*
*
*
"§ 921. Definitions
"(a) As used in this chapter --
*
*
*
*
*
"(16) The term 'antique firearm' means --
*
*
*
*
*
"(B) any replica of any firearm described in
subparagraph (A) if such replica --
"(i) is not designed or redesigned for
using [rimfire or conventional centerfire fixed
ammunition] a rimfire or conventional centerfire
fixed shell or cartridge, or
"(ii) uses [rimfire or conventional centerfire
fixed ammunition] a rimfire or conventional center-
fire fixed shell or cartridge which is no longer
manufactured in the United States and which is not
readily available in the ordinary channels of
commercial trade.
Reproduced at the Richard Nixon Presidential Library and Museum
one 2 -
"(17) The term 'ammunition' means ammunition [or cartridge
cases, primers, bullets, or propellent powder designed for use
in any firearm] for a destructive device; it shall not include
shotgun shells or any other ammunition designed for use in a
firearm other than a destructive device.
*
*
*
*
*
"§ 922. Unlawful acts
"(a) It shall be unlawful --
*
*
*
*
*
"(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it main-
tains a place of business) any firearm or ammunition purchased or
otherwise obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who lawfully ac-
quires a firearm by bequest or intestate succession in a State
other than his State of residence from transporting the firearm
into or receiving it in that State, if it is lawful for such person
to purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a rifle or shotgun
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
obtained in conformity with the provisions of subsection (b) (3)
ofrthis section, and (C) shall not apply to the transportation of
any firearm acquired in any State prior to the effective date of
this chapter;
In.
"(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to transport
in interstate or foreign commerce any destructive device, ammuni-
tion, machinegun (as defined in section 5845 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) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give, transport, or deliver any firearm or ammunition
to any person (other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe resides in any State other than
that in which the transferor resides (or other than that in which
its place of business is located if the transferor is a corporation
or other business entity); except that this paragraph shall not
Reproduced at the Richard Nixon Presidential Library and Museum
- 4 -
apply to (A) the transfer, transportation, or delivery of a fire-
arm made to carry out a bequest of a firearm to, or an acquisition
by intestate succession of a firearm by, a person who is permitted
to acquire or possess a firearm under the laws of the State of
his residence, and (B) the loan or rental of a firearm to any per-
son for temporary use for lawful sporting purposes; and
*
*
*
*
*
"(b) It shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed collector to
sell or deliver --
"(1) any firearm [or ammunition] tc 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 [.] ,or any ammunition
to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age.
Reproduced at the Richard Nixon Presidential Library and Museum
- 5 -
*
*
*
*
*
"(3) any firearm or ammunition 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 main-
tain a place of business in) the State in which the
licensee's place of business is located, except that
this paragraph (a) shall not apply to the sale or
delivery of a rifle or shotgun to a resident of a
State contiguous to the State in which the licensee's
place of business is located if the purchaser's State
of residence permits such sale or delivery by law, the
sale fully complies with the legal conditions of sale
in both such contiguous States, and the purchaser and
the licensee have, prior to the sale, or delivery for
sale, of the rifle or shotgun, complied with all of
the requirements of section 922(c) applicable to intra-
state transactions other than at the licensee's business
premises, (B) shall not apply to the loan or rental of
a firearm to any person for temporary use for lawful
Reproduced at the Richard Nixon Presidential Library and Museum
- 6 -
sporting purposes, and (c) shall not preclude any
person who is participating in any organized rifle or
shotgun match or contest, or is engaged in hunting, in
a State other than his State of residence and whose
rifle or shotgun has been lost or stolen or has become
inoperative in such other State, from purchasing a
rifle or shotgun in such other State from a licensed
dealer if such person presents to such dealer a sworn
statement (i) that his rifle or shotgun was lost or
stolen or became inoperative while participating in
such a match or contest, or while engaged in hunting,
in such other State, and (ii) identifying the chief law
enforcement officer of the locality in which such person
resides, to whom such licensed dealer shall forward such
statement by registered mail;
"(4) to any person any destructive device, ammuni-
tion, machinegun (as defined in section 5845 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;
and
Reproduced at the Richard Nixon Presidential Library and Museum
- 7 -
*
*
*
*
*
"§ 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 contain such
information as the Secretary shall by regulation prescribe. Each
applicant shall 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 the applicant is a manufacturer --
"(A) of destructive devices or ammunition
[for destructive devices], a fee of $1,000 per
year; or
"(B) of firearms other than destructive
devices, a fee of $50 per year [; or] 1
["(C) of ammunition for firearms other than
destructive devices, a fee of $10 per year.]
"(2) If the applicant is an importer --
Reproduced at the Richard Nixon Presidential Library and Museum
- 8 -
"(A) of destructive devices or ammunition
[for destructive devices], a fee of $1,000 per
year; or
"(B) of firearms other than destructive
devices [or ammunition for firearms other than
destructive devices], a fee of $50 per year.
"(3) If the applicant is a dealer --
"(A) in destructive devices 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
$25 per year; or
"(C) who is not a dealer in destructive devices
or ammunition, or a pawnbroker, a fee of $10 per year.
*
*
*
*
*
["(j) This section shall not apply to anyone who engages
only in hand loading, reloading, or custom loading ammunition for
his own firearm, and who does not hand load, reload, or custom
load ammunition for others.]
Reproduced at the Richard Nixon Presidential Library and Museum
- 9 -
*
*
*
*
*
§ 925. Exceptions: Relief from disabilities
"(a) ***
"(2) The provisions of this chapter shall not apply
with respect to (A) the shipment or receipt of firearms [or
ammunition] when sold or issued by the Secretary of the Army
pursuant to section 4308 of title 10, and (B) the transportation
of any such firearm [or ammunition] carried out to enable a
person, who lawfully received such firearm [or ammunition] from
the Secretary of the Army, to engage in military training or in
competitions.
"(3) Unless otherwise prohibited by this chapter or any
other Federal law, a licensed importer, licensed manufacturer, or
licensed dealer may ship to a member of the United States Armed
Forces on active duty outside the United States or to clubs,
recognized by the Department of Defense, whose entire membership
is composed of such members, and such members or clubs may receive
a firearm [or ammunition] determined by the Secretary of the
Treasury to be generally recognized as particularly suitable for
sporting purposes and intended for the personal use of such member
or club.
Reproduced at the Richard Nixon Presidential Library and Museum
- 10 -
"(4) When established to the satisfaction of the Secretary
to be consistent with the provisions of this chapter and other
applicable Federal and State laws and published ordinances, the
Secretary may authorize the transportation, shipment, receipt, or
importation into the United States to the place of residence of
any member of the United States Armed Forces who is on active duty
outside the United States (or who has been on active duty outside
the United States within the sixty day period immediately pre-
ceding the transportation, shipment, receipt, or importation), of
any firearm [or ammunition] which is (A) determined by the Secre-
tary to be generally recognized as particularly suitable for
sporting purposes, or determined by the Department of Defense to
be a type of firearm normally classified as a war souvenir, and
(B) intended for the personal use of such member.
*
*
*
*
*
Reproduced at the Richard Nixon Presidential Library and Museum
ANALYSIS
The proposed bill would amend the provisions of
chapter 44 of title 18 of the United States Code to eliminate
all controls over ammunition except with respect to ammuni-
tion for destructive devices. Under existing law the term
ammunition is defined to mean all ammunition and components
of ammunition for all firearms. The proposed definition
of ammunition would adopt the definition as it appeared in
Title IV of the Omnibus Crime Control and Safe Streets Act
of 1968 (Public Law 90-351) prior to its amendment by the
Gun Control Act of 1968 (Public Law 90-618).
Experience under the Federal Firearms Act (enacted in
1938 and repealed in 1968) and Title I of the Gun Control Act
of 1968 has shown that it is almost impossible to control
effectively interstate and foreign commerce in conventional
firearms ammunition used for sporting, recreational and other
lawful purposes. Strict controls can be effectively exercised
over the interstate movement of ammunition for destructive
devices (large caliber weapons, bombs, mortars, etc.) and,
because of the inherent danger of such ammunition, it should
be exercised.
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
Ammunition is not serially numbered and it would not
be practical to require each round or box of ammunition to
be serially numbered. Thus, after such a commodity leaves
the premises of a licensee it is practically impossible to
identify it so that it could be traced to a consumer or to
establish that a given consumer purchased specific ammuni-
tion from a particular licensee.
The number of transactions in ammunition that occur in
this country each day further complicates the problem. It
is apparent that a licensee who handles both firearms and
ammunition will have many times the volume of sales in ammuni-
tion than in firearms. In addition, a great number of mer-
chants handle only ammunition. The tremendous number of
record entries made in any given period hampers the meaning-
ful or practical retrieval of any information pertaining to
a specific transaction.
The Internal Revenue Service, which administers the
provisions of Chapter 44, has estimated that at least 25,000
persons in the country have applied for licenses to deal only
in ammunition. These applicants did not need or hold licenses
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
under the repealed Federal Firearms Act. Processing such
applications is time consuming and because of our limited
enforcement manpower, the sheer volume of ammunition dealer
applications has hindered the effective administration of
the firearms controls of the law.
As a law enforcement tool, the Department knows of no
instance where any of the provisions relating to ammunition
has been helpful in controlling the interstate flow of
firearms or in law enforcement (whether pistol and revolver
ammunition which has been controlled since 1938 under the
repealed Federal Firearms Act or the Chapter 44 controls
over all ammunition). Meanwhile, available investigative
manpower is finding the statutory controls over firearms
exceedingly productive, and many meaningful cases are being
made.
In short, the manpower effort and other expenses
necessary to enforce the controls over all ammunition are not
justified by the results that may reasonably be expected
through enforcement of these controls. These controls simply
are not effective as a law enforcement tool. They do, how-
ever, generate criticism of all controls of Chapter 44.
Reproduced at the Richard Nixon Presidential Library and Museum
- 4 -
It should be noted that the amendment to the definition
of ammunition will necessitate amending the provisions of
section 922 (b) (1) concerning the restriction on sales of
ammunition to juveniles and the provisions of section 923(a)
relating to licensing. It is also believed that because of
the proposed change in the definition of ammunition the use
of the term "centerfire fixed ammunition" in section 921 (a)
(16), in defining a replica of an antique firearm, requires
clarification. With respect to section 922 (b) (1), it is
suggested that the sale or delivery of ammunition to individ-
uals should be subject to controls comparable to those on
handguns, and provision is accordingly made that the sale or
delivery of ammunition to persons who are less than 21 years
of age be prohibited.
Since controls under the proposed definition of ammuni-
tion would be limited to destructive device ammunition, the
Department recommends that sections 922 (a) (3), 922 (a) (4),
922 (a) (5), 922(b)(3) and 922(b) (4) be amended to include
ammunition, and that section 923(j) relating to hand loading,
reloading, or custom loading ammunition be repealed since
the provisions would no longer be necessary. In general,
under the existing provisions of section 922 (a) (3) a non-
licensee is prohibited from transporting into or receiving
Reproduced at the Richard Nixon Presidential Library and Museum
- 5 -
in his State of residence any firearm purchased or otherwise
obtained by him outside that State and under section 922 (a)
(5) an unlicensed person is prohibited from transferring a
firearm to another unlicensed person who resides in another
State. Similarly, under section 922 (b) (3), it is unlawful
for a licensee to sell or deliver a firearm to an unlicensed
person who resides in another State. The inclusion of ammuni-
tion in these sections would implement the strict controls
over the interstate movement of destructive device ammuni-
tion in section 922 (a) (2). It would also prevent the avoidance
of State and local laws controlling destructive device ammuni-
tion by the simple expediency of crossing a State line to
purchase such ammunition.
The existing provisions of section 922 (a) (4) prohibit
transportation of destructive devices and National Firearms
Act weapons (gangster-type) in interstate or foreign commerce
by unlicensed persons, except as authorized by the Secretary
consistent with public safety and necessity. Likewise,
under existing section 922 (b) (4) a licensee is prohibited
from disposing of a destructive device or a National Firearms
Act weapon to any unlicensed person except as specifically
Reproduced at the Richard Nixon Presidential Library and Museum
- 6 -
authorized by the Secretary consistent with public safety
and necessity. Our proposal to amend these sections to
include ammunition would be consistent with controls over
destructive devices.
Finally, since ammunition would be defined to include
only destructive device ammunition, the ammunition provisions
of sections 925 (a) (2), 925 (a) (3), and 925 (a) (4) would no
longer be necessary since they relate to ammunition for
sporting purposes.
Reproduced at the Richard Nixon Presidential Library and Museum
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
Jooner we move the letter. Pati instinct,
Congressmen Poff- Political dynamite
- run situation
- Important to do something wafare hearing
on sun registration in senate July 24th hearing J
- clark marbregor (autha of ammo vill in House)
useful to him in the House) Poff prepared to
issue bill, too.
Don the industry, will already well-from of
I
we don't send, this, too, will be a story,
rene
Rendy Thrower Rossides,
/
Elim
record checking
2
:7
Reproduced at the Richard Nixon Presidential Library and Museum
Form DJ-150
(Ed. 4-26-65)
UNITED STATES GC VERNMENT
DEPARTMENT OF JUSTICE
Memorandum
TO
:
Miss Martha Carbone
DATE: April 20, 1970
State Department
FROM : Donald E. Santarelli
Associate Deputy Attorney General
SUBJECT: Consultation on Firearms with EC
I submit herewith a very slightly revised draft of our position.
For various reasons, I have sought some slightly different
nuances.
Freatms
file
Reproduced at the Richard Nixon Presidential Library and Museum
DATE
STATE - A.I.D. - USIA
ROUTING SLIP
4/20/70
TO:
Organ.
Initials
Date
Name or Title
Symbol
Room No. Bldg.
1.
Donald E Santavelli 4208
2.
Dept. of Justice
3.
4.
5.
Approval
For Your Information
Note and Return
As Requested
Initial for Clearance
Per Conversation
Comment
Investigate
Prepare Reply
File
Justify
See Me
For Correction
Necessary Action
Signature
REMARKS OR ADDITIONAL ROUTING
d hope I have not
gone beyond our
conversations, particularly
inuseal word "lanly"
in paragraph D.
Please have your
secretary Callmeon this
ROOM NO. & BLDG.
PHONE NO.
Martha Cordy FROM: (Name and Org. Symbol)
3535
23019
FORM JF-29 (Formerly Forms DS-10, AID-5-50 & IA-68)
GPO : 1968 o - 305-218 (136)
3 68
CBS Airs Special Report Donald E. itarelli
On ATFD's Gun
Act Movie
"That's What It's All About,"
who described the film as a
formative, highly useful film on
is the name of the movie made
"monster" and "a waste of tax-
the same point, which I would
last year by the Alcohol, Tobac-
payers' money."
support, and which most of the
CO & Firearms Division for the
During the "Sixty Minutes"
sportsmen would support, could
stated purpose of explaining the
report, CBS commentator Mike
have been done for about $5,000
Gun Control Act of 1968. But
Wallace interviewed several per-
or $10,000, approximately one-
many informed observers say
sons who are involved in the
sixth to one-third of what the
the film misses the point and
debate over the film. The pro-
Treasury Department squan-
actually refers to the old
gram also featured an abbre-
dered on this particular
Federal Firearms Act, rather
viated version of the controver-
monster
than the new act, which went
sial film (Feb. 13, Gun Week).
Sen. Thomas Dodd (Conn.), a
into effect on Dec. 16, 1968.
Following the showing of the
long-time proponent of gun con-
Despite attempts by the
cut-down ATFD film, Rep.
trol laws, answered: "I think
Treasury Department to with-
Dingell made the following
the people who bitterly opposed
draw the film from public view
statement:
the Gun Control law, some
- until it has been corrected
"My position is that this mo-
members of Congress who
technically, one Treasury official
vie falls a long way short of in-
fought it, bitterly, some gun-
said - the CBS Television Net-
forming the people of what the
runners, some gun producers,
worked stirred up the con-
Firearms Control Act of 1968
who fought it bitterly, some who
troversy again Feb. 17 when it
actually does. It doesn't talk
have lied- about it, were in a
devoted a segment of its pro-
about the new law, it talks
frenzy, I think, because they
gram, "Sixty Minutes," to the
about the old law. And in that, I
were afraid that if this film got
debate over the merits of the
find it deficient. I also pointed
out, and the people really knew
movie.
out to you, Mike, that it in-
the facts, that their campaign
The leading critic of the film
volves a great deal of violence
against the Gun Control Law
is Rep. John D. Dingell (Mich.),
and sex, something which isn't
would be shot to pieces."
an NRA director and long-time
necessary, and I also pointed
Wallace then explained that
foe of gun control legislation,
out
that
a
thoroughly
in-
(Continued On Page 2)
Reproduced at the Richard Nixon Presidential Library and Museum
GWN
WEEK,
ATFD
Movie
Shown
On
CBS
and would not be done, at which
technical standpoint," Walker
time I then informed him that
responded.
he had made it unfortunately
"I'm talking about the en-
"the head of Internal Revenue
necessary to proceed by contact-
forcement people at IRS at the
declined to comment" on the
ing his superiors and by working
Alcohol, Tobacco & Firearms
film. He said Harold A. Serr,
with those above him in the
Control," Wallace said.
director, Alcohol, Tobacco &
department."
"We have a difference of opin-
Firearms Division, also declined
Wallace then asked Rep.
ion," Walker said. "And
to comment.
Dingell if he went to Charles
Treasury is ultimately responsi-
Rep. Dingell then explained
Walker, the undersecretary of
ble to the people or the country
how he managed to have the
the Treasury.
as to how the decisions are
film withdrawn. He said:
Rep. Dingell replied he went
made."
"I had first a fairly lengthy
to a "number of people in the
Returning to Rep. Dingell, the
discussion with Mr. Serr on the
Treasury Department.
Michigan lawmaker said:
telephone. I suggested that the
In an attempt to pinpoint who
"I have told you, Mike, that I
movie should be drawn back for
had ordered the film withdrawn,
think the film has absolutely no
further technical changes, to
Wallace asked whether the
value whatsoever, insofar as in-
make it more informative on
Michigan lawmaker had con-
forming people about what the
the new law, to make it give
tacted Randolph Thrower, head
new gun law does."
better information on what the
of the IRS, or Charles Walker.
"Isn't that your judgment,
law was, to eliminate some of
Rep. Dingell said, "I don't
Congressman, against the judg-
the violence, and to make it a
believe I discussed the matter
ment of the people who are
better and now informative movie.
with those gentlemen, but I did
charged with enforcing the gun
"Mr Serr said this could not
discuss it with higher officials in
control law?" Wallace asked.
the Treasury Department who
Rep Dingell replied: "Now let
me make one thing very clear
"Secretary Kennedy?" Wallace
to you; a member of Congress
interrupted.
is elected to make these judg-
"I discussed it with a number
ments. The Congress is p-
of officials in the Treasury
posed to be the policy-making
Department, higher up, so
body in this government. And I
many, and in so many different
intend, so long as my people will
times and places that I must
afford me their trust, and their
say that I'm not fully clear on
support, to try and see that I
what discussions transpired
carry out that responsibility of
where, but I had many discus-
making these judgments and
sions with higher officials in the
making these voices and my
Treasury Department, including
judgments heard on matters of
some of the very top officials."
importance to the American
Wallace then switched to an
people. And I don't intend to ab-
interview with Charles Walker,
dicate to the bureaucracy. Now
Treasury undersecretary, who,
it may perhaps be your theory
Wallace said, gave the order to
that a member of Congress is
"pull back" the film. Walker
supposed to supinely roll over,
stated:
lay down and play dead for the
"I do not know Congressman
benefit of the bureaucrats and
Dingell. I have never met him.
to allow them, who hold no elec-
If a member of the gun lobby
tion certificates, and no direct
came in here and sat down in
responsibility on answering to
your lap I wouldn't know him.
the people, but it is not mine,
My past record before coming
and I don't intend to practice
to Treasury was one of personal
that kind of responsibility to the
strong support for adequate gun
people that I serve in the Con-
legislation as executive vice
gress of the United States.
president of the American
Wallace then returned for a
Bankers Association.
statement from Sen. Dedd, who
"The film doesn't pass muster
said:
from a technical standpoint -
"I think I know a little bit
that's all there is to it, from my
about this gun law; that it's not
standpoint
Wallace asked: "Is the film
of a truthful film about the Gun
inaccurate in anything it says
Control law. The firearms
about the gun laws?"
or the gun lobby, is a very
Walker replied: "It's inac-
powerful, very effective lobby on
curate in certain implicat
Capitol Hill. It exercises a lot of
There are strong
muscle. It throws its weight
that certain types of weapons
around and with great effect
were outlawed by the '68 Act,
and it has for years. It spends a
and they've been outlawed since
lot of money It doesn't want
the 1930's - sawed-off shotguns
any reasonable gun control
and things of that type. The
legislation passed, on any level,
point is that in official
but particularly not in the Con-
government film, put out by a
of the United States."
department that is very proud
In his summary,
of its security and its forth-
"Sen. Dodd has told 60
rightness, we want it to be ab-
Minutes that tomorrow he will
solutely accurate all the way
ask his Juvenile Delinquency
Both in terms of the facts, and
Subcommittee to investigate the
in terms of the realistic life sit-
gun lobby's role in forcing the
uation of law enforcement.
Treasury to withdraw the film
The program then cut to an
from public distribution. The
interview with Bob O'Donnell,
National Commission on
the film's director, who stressed
Violence says there are close to
that the film was produced with
100 million weapons in the hands
the technical advice of the
of America's civilian population.
ATFD.
Some estimates would double
that number. It seems sensible
Wallace then returned to Un-
then that Americans have
dersecretary Walker with the
available to them the kind of in-
comment: "You know your own
formation they need about who
enforcement would like to see
the film out, would like to see it
can and cannot have those guns,
which weapons are permissible
played
and which are not, what
"Not the enforcement people
weapons must be registered, and
in the office of the Secretary of
with whom. The film, though it's
the Treasury. They are unani-
no prize winner, tries to provide
mous of the opinion that the
that information. The question
film is not qualified from a
is: Was the film withdrawn, as
Congressman Dingell argues, be-
cause it fails to tell the gun
Reproduced at the Richard Nixon Presidential Library and Museum
50
5)
UNITED STATES GOVERNMENT
DEPARTMENT OF JUSTICE
Memorandum
TO
: Egil Krogh
DATE: May 22, 1970
Deputy Assistant to the President
FROM
: Donald E. Santarelli
Associate Deputy Attorney General
SUBJECT:
Since we apparently do not possess the capacity
to do our own evaluation of the Violence Commission Report,
we may have to rely on such outside sources as Dr. Wilber.
This is just one more example of how the liberal element
has captured the lion's share of the publication world.
Fill
cotto
Frieary
Reproduced at the Richard Nixon Presidential Library and Museum
NIXON PRESIDENTIAL MATERIALS PROJECT
DOCUMENT CONTROL RECORD
ITEM REMOVED FROM THIS FILE FOLDER
Restricted document has been removed. See document
entry number
on Document Withdrawal Record
(GSA Form 7279) or NARS Withdrawal Sheet (GSA Form
7122), located in the front of this folder, for a
description of the item and an explanation for its
removal.
NATIONAL ARCHIVES AND RECORDS SERVICE
NLN Form 101 (6-79)
Reproduced at the Richard Nixon Presidential Library and Museum
January 21, 1970
MEMORANDUM FOR EUGENE ROSSIDES
SUBJECT:
TREASURY FILM RE FIREARMS
Would it be possible to arrange for a quiet, confidential showing
of your "sexy, violent movie" which, according to this morning's
Post, was "gunned down on the Hill. 11
As you know, I have been working with this government's fire-
arms control policy for some time, but somehow missed the
fact that this film was to be shown. Firearms control is an
exceedingly important issue for us, and I'd much appreciate
being kept informed of all public efforts to depict this
Administration's position.
If it can be done in the near future, I'll arrange for a time and
the place will probably be the little theatre in the East Wing.
Thanks, Gene.
Enclosure
ADMINISTRATIVELY CONFIDENTIAL
Reproduced at the Richard Nixon Presidential Library and Museum
January 17, 1970
MEMORANDUM FOR DON SANTARELLI
FROM:
BUD KROGH
SUBJECT:
FIREARMS CONTROL
You will note from the attached that I have been discussing with
Wilf Rommel the Administration's position on firearms.
As we report on Representative Celler's bill, I am inclined to
tighten up the Treasury's report to correspond with your statement
last July.
I would appreciate your reviewing the attached material, and giving
me your confidential view as to the appropriateness of taking out
a lot of the loose language from the Treasury report and making it
coincide with your report.
Thanks, Don.
P.S. It shouldn't take much time, I'll need it back by Monday night.
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL COMMISSION ON THE CAUSES AND PREVENTION OF VIOLENCE
726 JACKSON PL., N.W.
WASHINGTON, D.C. 20506
DR. MILTON S. EISENHOWER
LLOYD N. CUTLER
CHAIRMAN
EXECUTIVE DIRECTOR
July 28, 1969
CONGRESSMAN HALE BOGGS
THOMAS D. BARR
ARCHBISHOP TERENCE J. COOKE
DEPUTY DIRECTOR
AMBASSADOR PATRICIA HARRIS
SENATOR PHILIP A. HART
JAMES F. SHORT, JR.
JUDGE A. LEON HIGGINBOTHAM
MARVIN E. WOLFGANG
ERIC HOFFER
CO.DIRECTORS OF RESEARCH
SENATOR ROMAN HRUSKA
LEON JAWORSKI
JAMES S. CAMPBELL
ALBERT E. JENNER. JR.
GENERAL COUNSEL
CONGRESSMAN WILLIAM M. MCCULLOCH
JUDGE ERNEST W. MCFARLAND
WILLIAM G. MCDONALD
DR. W. WALTER MENNINGER
ADMINISTRATIVE OFFICER
Dear Mr. President:
I submit herewith this Commission's findings on
the relationship of firearms to violence in the
United States, and our recommendations for a system
of restrictive licensing which would reduce sub-
stantially the number of handguns now in the possession
of Americans. This statement is being released to the
press today with the permission of your staff.
I also enclose the research report on which this
Commission's findings are based.
Sincerely yours,
2 Enclosures/3
The President
The White House
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL COMMISSION ON THE CAUSES AND PREVENTION OF VIOLENCE
Federal Office Building #7
17th Street, between Pennsylvania Avenue at H Street, N.W.
Washington, D.C. 20506
FOR IMMEDIATE URELEASE the press
FOR FURTHER INFORMATION:
NOTE: This statement
conference Commission, which is Office
PHONE: 395-3390
of the July 28, in Room 2008, Federal and H
EDT, Monday, No. 7, on 17th between Pennsylvania 395-3390.
Building Streets. For further information, phone
The National Commission on the Causes and Prevention of
Violence has authorized for release, without comment, a task
force report submitted to it on firearms and violence in
American life.
The 268-page study is entitled, "Firearms and Violence
in American Life." It was submitted to the Commission by
George D. Newton, Jr., Director of the Task Force, and
Franklin E. Zimring, Director of Research, and is the result
of a year-long investigation of the relationship between
firearms and violence.
The Task Force report concludes that the United States
must break "the vicious circle of Americans arming to protect
themselves from other armed Americans, " and has recommended a
national firearms control law designed to reduce substantially
the number of handguns in the United States.
It further reports that:
*
There are about 90 million firearms in the hands of
civilians in the United States--about 24 million
handguns, 35 million rifles, and 31 million shotguns.
*
Since 1962, sales of rifles and shotguns have
doubled; in the same period, sales of handguns have
quadrupled.
*
Firearms were involved in 2,900 fatal gun accidents
in 1967.
*
Firearms were used in 7,000 homicides in 1967. Gun
attacks are five times as likely to cause death as
knife attacks.
*
Home owners may seriously overrate firearms as a
method of self-defense against crime. The loaded
gun in the home creates more danger than security.
*
The increased number of guns in civilian hands has
led to increased gun violence. Since 1964, homicide
Reproduced at the Richard Nixon Presidential Library and Museum
-2-
involving guns has increased more than 50 percent,
a rate of increase four times greater than homicide
with other weapons.
* Handguns are the principle firearm used in crime.
Although only about one-quarter of all guns, hand-
guns are used in three-fourths of all gun homicides.
The Task Force concludes that the most effective way to
reduce gun violence would be a nationwide system that would
eliminate 90 percent or more of the 24 million privately held
handguns in the United States by allowing such guns to be
possessed only by persons who need them. Under the system
proposed, rifles and shotguns would be available to all persons
except high-risk groups, such as felons, drug addicts, and
minors under 18. Owners of rifles and shotguns would only be
required to obtain identification cards.
A chapter-by-chapter summary of the report is attached.
Copies of the report will be available from the Superin-
tendent of Documents, U. S. Government Printing Office.
BIOGRAPHY
George D. Newton, Jr., is a partner in the Chicago Law
Firm of Kirkland, Ellis, Hodson, Chaffetz & Masters.
Franklin E. Zimring is Associate Professor of Law at the
University of Chicago.
Reproduced at the Richard Nixon Presidential Library and Museum
FIREARMS AND VIOLENCE IN MERICAN LIFE
A Report to the National Commission on the Causes
and Prevention of Violence
by
George D. Newton, Jr. and Franklin E. Zimring
CHAPTER SUMMARIES
1. The Number of Firearms in Civilian Hands
Of the estimated 90 million firearms in civilian hands
in the United States, 24 million are handguns, 35 million
are rifles, and 31 million are shotguns.
2. Patterns of Firearms Ownership
About half of all American homes have a firearm, and
many have more than one. Firearms ownership is highest in
the South and lowest in the East. Ownership of rifles and
shotguns is higher in rural areas and towns than in large
cities, but handgun ownership is highest in towns and large
cities.
3. How Firearms are Acquired
Almost half of all long guns, and more than half of all
handguns, are acquired secondhand. New firearms and a large
number of used firearms are purchased from sporting goods
stores, hardware stores, or other firearms dealers. But,
about half of secondhand firearms are acquired from friends
or other private parties.
4. Recent Trends in Firearms Sales
Sales of long guns doubled from 1962 to 1968; in the same
period sales of handguns quadrupled. In the last decade,
about 10 million handguns were sold in this country, more than
one third of all handguns produced or imported for the civilian
market since the turn of the century.
Growing interest in shooting sports may explain much of
the increase in long gun sales, but it does not account for
the dramatic increase in handgun sales. Fear of crime, vio-
lence, and civil disorder, and perhaps the anticipation of
stricter firearms laws, appear to have stimulated sales of
handguns in recent years.
5. Firearms and Accidents
Americans are currently dying from firearms accidents at
a rate of about 2,900 per year; another 20,000 persons suffer
Reproduced at the Richard Nixon Presidential Library and Museum
-2-
accidental injuries each year from firearms. Firearms acci-
dent rates follow the pattern of firearms ownership; they are
highest in the South and lowest in the East. Over half of
all fatal firearms accidents occur in or around the home,
and about 40 percent of accident victims are children and
teenagers.
6. Firearms and Suicide
For persons who seek to end their lives, firearms are a
speedy and effective method. There is some evidence that,
if persons who now use firearms were forced to resort to
other means where there is a higher chance of intervention
and rescue, some would not die. But there is little reason
to expect that reducing the availability of firearms would
cause a significant reduction in suicides. A person who
really wants to die will find a way of doing so.
7. Firearms and Crime
Homicide is seldom the result of a single-minded intent
to kill. Fatal injuries most often occur from an attack
growing out of an altercation and committed in a rage. Fire-
arms were used in 65 percent of homicides in this country in
1968. When a gun is used, the chances of death are about
five times as great as when a knife is used. In the last
5 years the number of firearms homicides has increased by
almost 50 percent.
Aggravated assault differs from homicide only in its
outcome--the victim survives. Although the knife is still
the No. l weapon used in aggravated assault, the share of
gun attacks is increasing, and in 1968 nearly one in four
aggravated assaults involved firearms.
One third of all robberies are committed with guns. The
chances of the victim's being killed increase substantially
if the robber uses a gun.
8. The Firearms Used in Crime
The criminal's primary firearm is the handgun. Although
only about one quarter of all firearms in this country are
handguns, they are used in three quarters of the homicides
Reproduced at the Richard Nixon Presidential Library and Museum
-3-
involving firearms. Of the handguns used in crime in the
District of Columbia, nearly half are imported. Samples of
firearms manufactured in this country and used in crime
reveal that a surprising number are more than 50 years old
and one in six is a military weapon. Many of the handguns
used in crime were owned by legitimate users at one time but
appear to have been sold privately or to have been stolen
without the theft having been reported.
9. Firearms and Collective Violence
The availability of firearms at relatively low cost
makes it easy for extremist groups and individuals to obtain
such weapons; the possession of firearms by some groups
encourages opposition groups and individuals likewise to
arm themselves; and possession of firearms by any group
invites quicker and deadlier response on the part of rival
armed groups and law enforcement agencies.
10. Firearms and Self-Defense
Owning a gun for self-defense and protection of homes
and businesses is deeply rooted in American tradition. Guns
may be of some utility in defending businesses, but house-
holders may seriously overrate the effectiveness of guns in
protection of their homes. In our urbanized society the gun
is rarely an effective means of protecting the home against
either the burglar or the robber; the former avoids confron-
tation, the latter confronts too swiftly. Possession of a
gun undoubtedly provides a measure of comfort to a great
many Americans, but, for the homeowner, this comfort is
largely an illusion bought at the high price of increased
accidents, homicides, and more widespread illegal use of
guns.
11. More Firearms--More Firearms Violence
Data from three sources document that the proportion of
gun use in violence rises and falls with gun ownership.
Statistics from Detroit show that firearms violence increased
after an increase in handgun acquisitions. Regional compari-
sons show that the percentage of gun use in violent attacks
parallels rates of gun ownership. A study of guns used in
homicides, robberies, and assaults in eight major cities shows
that cities with a high proportion of gun use in one crime
tend to have high proportions of gun use in the other crimes.
Reproduced at the Richard Nixon Presidential Library and Museum
-4-
12. Strategies of Firearms Control
Different strategies of firearms control--regulation of
the place and manner in which firearms can be used, regula-
tion of who may possess firearms, permissive and restrictive
licensing, registration and transfer notice--can be combined
in a variety of ways to produce a comprehensive system of
control. Since handguns and long guns do not contribute
equally to firearms misuse, it may be appropriate to use
different strategies for different types of firearms.
13. State and Local Firearms Laws
State and local firearms regulation in the United States
is a patchwork quilt of more than 20,000 laws, many of them
obsolete, unenforced, or unenforceable. Serious efforts at
state and local regulation have consistently been frustrated
by the flow of firearms from one state to another. Attempts
to establish uniform state and local firearms laws have
failed.
14. Federal Firearms Laws
Public opinion in this country has favored regulation of
firearms since the 1930s. Yet, from the enactment of the
first federal firearms possession law in 1934, federal gun
laws have been passed in this country only after sensational
epis odes of gun violence. The Gun Control Act of 1968, which
followed the assassinations of Dr. Martin Luther King, Jr.,
and Senator Robert F. Kennedy, commits the federal government
to support state and city gun control laws by reducing the
interstate flow of firearms which has long frustrated local
control efforts. Proposals for a federal system of screening
firearms owners have not been enacted.
15. Firearms Control and the Constitution
The second amendment raises no legal barrier to federal
or state firearms legislation. The fifth amendment, however,
could be invoked against enforcement of such laws. Fifth
amendment problems might be minimized by exempting from
licensing, registration, or transfer notice requirements all
persons in those categories prohibited by law from possessing
firearms. This exemption of illegal possessors would not
decrease the effectiveness of firearms control because other
parts of the control system could allow prosecution of such
Reproduced at the Richard Nixon Presidential Library and Museum
-5-
persons without requiring them to incriminate themselves.
16. Foreign Firearms Laws
Most countries have passed national firearms control
laws. The great majority of these laws appear to be more
stringent than the laws of most states in the United States,
although many of the foreign laws may not be effectively
enforced. Many countries regulate handguns more stringently
than long guns, and rough estimates of handgun ownership in
10 countries are all far below the rate of handgun ownership
in the United States.
17. Can We Reduce Firearms Violence?
The gun control controversy has often involved compari-
sons of crime statistics from states with firearms control
laws with statistics from states with no such laws and
comparisons of the United States to foreign countries. These
comparisons are never wholly satisfactory, but when care is
exercised to focus not upon the number of crimes committed
but solely upon the proportion of crimes involving guns, an
inference can be drawn that control systems that substantially
reduce the number of guns are effective in reducing the level
of gun violence. Since handguns are the major problem, a
nationwide restrictive licensing system for handguns promises
a more certain and more substantial reduction of gun violence
in this country than a permissive system.
18. The Costs of Firearms Control
The costs of any firearms control system include both
the funds needed to administer the system and the effect on
the use of guns by their owners. The monetary cost of an
efficiently administered permissive or restrictive licens-
ing system would not be excessive. Restrictive licensing
of handguns, however, would significantly reduce their
legitimate use.
19. Technology and Firearms Control
Technological advancements in tracing of firearms to
owners, in detecting firearms in public places, and in develop-
ment of nonlethal weapons or ammunition would help reduce
firearms misuse by making firearms control systems more
Reproduced at the Richard Nixon Presidential Library and Museum
- -6-
effective. Government and private industry should engage
in a concerted program of scientific research and develop-
ment to promote such technological advancements.
Reproduced at the Richard Nixon Presidential Library and Museum
TMENT
OF
THE
C
1789 THE DEPA TREASURY
THE DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220
Assistant SECRETARY
OCT 3 1969
MEMORANDUM FOR THE HONORABLE EGIL KROGH, JR.
DEPUTY COUNSEL TO THE PRESIDENT
Attached is a copy of the Secretary's letter
of October 2, 1969 to Senator Bennett correcting
an inaccuracy discovered in the Secretary's letter
to Senator Bennett of September 26, copy also
attached.
In connection with the same matter, the
Secretary has received a letter from Senator Dodd,
copy attached. A reply to Senator Dodd is being
drafted and you will continue to be kept advised.
Eugene T. Rossides
Attachments - 3
In the absence of mr. Rossides:
G Gordon Liddy
Reproduced at the Richard Nixon Presidential Library and Museum
OCT 2- 1969
Dear Senator Bennett:
In my letter to you of September 26, 1969,
recommending the enactment of the amendment to
H.R. 12829, I set forth the reasons therefor,
and noted in passing that the amendment discussed
does not affect the recordkeeping requirements
concerning pistol and revolver ammunition.
I have been advised that the aforesaid
observation is not entirely accurate. An
exception has been called to my attention in that
one of the types of ammunition proposed to be
excluded from the recordkeeping requirement, .22
caliber rimfire, is usable in handguns as well as
shoulder arms. Although my letter to you of
September 26 should be read with this clarification
in mind, the position of the Department on the
amendment to H.R. 12829 remains the same, for the
reasons stated therein.
With best wishes,
Sincerely yours,
/3/ David M. Kennedy
David M. Kennedy
The Honorable
Wallace Bennett
United States Senate
Washington, D.C. 20510
GGLiddy: fbb 10-2-69
Reproduced at the Richard Nixon Presidential Library and Museum
THE SECRETARY OF THE
WASHINGTON, D.C. 20.20
PEASURY Rannettiss ES
W.
SEP 26 1969
Dear Senator Bennett:
This is in response to your request for the views
of the Treasury Department on the enactment of the
ammunition records amendment to H.R. 12829. The amendment
was made by the Finance Committee and includes the text of
S. 2718. The latter bill would modify the recordkeeping
requirements now imposed by Chapter 44 of Title 18, United
States Code, for sporting type ammunition. This would be
done by amending section 4182 of the Internal Revenue Code.
The Department has found that the records required of
transactions in sporting type ammunition, i.e., shotgun,
rifle, and. 22 caliber rimfire ammunition, is of little
value in law enforcement.
Indeed, the Department knows of no instance where any
of the recordkeeping provisions relating to sporting type
ammunition has been helpful in law enforcement.
In short, the recordkeeping controls are not effective
as a law enforcement tool. They do, however, because of the
volume of transactions in sporting ammunition tend to
generate criticism from sportsmen and others and detract
from the effective enforcement of other provisions of the
firearms laws.
You should note that the amendment discussed here does
not affect the recordkeeping requirements concerning pistol
and revolver ammunition nor does the amendment affect the
existing controls over interstate shipment and sales by
licensees to prohibited persons.
The Department recommends the enactment of the
amendment to H.R. 12829 which would eliminate the record-
keeping requirements of certain sporting type ammunition.
With best wishes,
Sincerely yours,
By Mr Knorr's
797
Ravid
M.
offece
The Honorable
Wallace Bennett
David M. Kennedy Accored and by Justice 13. OB
United States Senate
Washington, D.C.
20510
CC: Sen. Scott Cong. Rel./GK/jg
9-26-69
Acal V-30 9/76
Reproduced at the Richard Nixon Presidential Library and Museum
JAMES O. EASTLAND, MISS.
RMAN
by have
JOHN L. MC CLELLAN, ARK.
EVERETT KINLEY DIRKSEN, ILL.
SAM'J. ERVIN, JR., N.C.
ROMAN L. HRUSKA, NEBR.
10/2/69
THOMAS J. DODD, CONN.
HIRAM L. FONG, HAWAII
PHILIP A. HART, MICH.
HUGH SCOTT, PA.
EDWARD M. KENNEDY, MASS.
STROM THURMOND, S.C.
BIRCH BAYH, IND.
MARLOW W. COOK, KY.
United States Senate
4:15p,
QUENTIN N. BURDICK, N. DAK.
CHARLES MC c. MATHIAS, JR., MD.
JOSEPH D. TYDINGS, MD.
ROBERT c. BYRD, W. VA.
COMMITTEE ON THE JUDICIARY
JOHN H. HOLLOMAN III
WASHINGTON, D.C. 20510
CHIEF COUNSEL AND STAFF DIRECTOR
October 2, 1969
Honorable David M. Kennedy
Secretary of the Treasury
02653
Washington, D.C.
Dear Mr. Secretary:
While I have not yet seen a copy of the letter itself,
I understand that you have written to Senator Wallace Bennett
informing him that the Treasury Department supports Senator
Bennett's efforts to repeal the ammunition controls of the
Gun Control Act of 1968.
According to a statement releasing the contents of your
letter, you stated:
"Indeed, the Department knows of no instance where
any of the recordkeeping provisions relating to
sporting type ammunition has been helpful in law
enforcement. In short, the recordkeeping controls
are not effective as a law enforcement tool
11
I am at a loss to understand this position, because it
conflicts with and contradicts statements which were made on
July 23, 1969, before the Subcommittee to Investigate Juve-
nile Delinquency by Assistant Secretary of the Treasury Eugene
T. Rossides and Commissioner of Internal Revenue Randolph
Thrower.
Mr. Rossides told the Subcommittee:
=
It is the view of the Department that,
the Gun Control Act of 1968 is working reasonably
well and is providing the needed support for state
and local controls for which it was designed. We
respectfully request that the controls of the Gun
Control Act of 1968 be given a full opportunity to
prove their worth. II
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
Commissioner Thrower told the Subcommittee:
II
I strongly believe the new gun law is an
effective law enforcement tool which will go a
long way in assisting local law enforcement auth-
orities in coping with the crime problem within
their own borders. II
Furthermore, according to the release, your letter states
that the amendment:
=
in no way affects the recordkeeping require-
ments concerning pistol and revolver ammunition,
nor does the amendment affect the existing controls
over interstate shipment and sales by licensees to
prohibited persons.
"
May I respectfully point out that this statement appears
to be inaccurate. As you know, Senator Bennett's bill would
repeal controls over .22 caliber ammunition. This particular
ammunition is used in the so-called "Saturday Night Specials,"
the inexpensive revolvers that have plagued law enforcement
officers throughout the nation for the last ten years. In
fact, in 30 percent of the handgun murders each year, a .22
caliber handgun is used.
In view of the apparent contradiction between the con-
tents of your letter and the testimony of Mr. Rossides and
Commissioner Thrower, I can only assume that you have received
new information on this matter within the last two months. If
you have such new information, the Subcommittee on Juvenile
Delinquency would like to have it. We would certainly like
to have it before the Senate considers any attempt to repeal
ammunition controls.
In view of the apparent inaccuracy of the contents of
your letter regarding the use of .22 caliber ammunition in
handguns, it seems to me that new hearings on this subject
are essential in order that the facts may be recorded. The
facts must be recorded if the Senate hopes to act intelli-
gently on legislation of this magnitude.
I take this opportunity to request, therefore, that the
Treasury Department go on record to insist that hearings be
held on the amendment to repeal ammunition controls.
Reproduced at the Richard Nixon Presidential Library and Museum
1. 3 -
I look forward to hearing from you about this matter which
is of such great concern to so many of us.
With all best wishes.
Sincerely yours,
Vhmas if Dould
THOMAS J. DODD
Enclosure
P.S. Knowing of your interest in the early enactment of the
Interest Equalization Tax Extension Act, may I call your atten-
tion to a statement made by the distinguished Chairman of the
House Judiciary Committee on the Floor of the House yesterday.
It can be found on page H 8817 of the Congressional Record for
October 1, a copy of which is enclosed.
Reproduced at the Richard Nixon Presidential Library and Museum
CONGRESSIONAL RECORD for Wednesday, October 1, 1969
H8817
INTEREST EQUALIZATION
EXTENSION ACT
(Mr. CELLER asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. CELLER. Mr. Speaker, in the
other body, the Finance Committee has
added a totally nongermane and regres-
sive amendment to the Interest Equaliza-
tion Tax Extension Act-H.R. 12829. The
amendment repeals the ammunition rec-
ordkeeping requirements of the Gun
Control Act of 1968.
The Senate committee amendment
eliminates recordkeeping in sales of, first,
shotgun ammunition; second, rifle am-
munition; third, .22 caliber rimfire am-
munition, and component parts thereof.
The 1968 act prohibits the sale of am-
munition to certain juveniles, mental in-
competents, known felons, drug addicts,
and other irresponsible persons. Requir-
ing a prospective purchaser to give his
name, address and substantiate his age is
not a nuisance. Clearly, enforcement of
the act's prohibitions would be impossi-
ble without requiring dealers to keep rec-
ords of ammunition transactions.
Under the Senate committee rider, am-
munition recordkeeping for aproximately
90 percent of all firearms would be elimi-
nated.
Recordkeeping will deter those who
cannot legally buy ammunition.
Recordkeeping will insure that deal-
ers will exercise a higher degree of care
in determining whether the buyer is
barred under the statute from buying
ammunition.
Availability of ammunition records
will aid in the investigation of firearms
crimes.
The only way of affecting the 90 mil-
lion firearms already privately owned is
by regulating the flow of ammunition.
According to Senate Juvenile Delin-
quency Subcommittee studies: .22 caliber
pistols and revolvers were involved in
30 percent of the handgun murders com-
mitted last year; .22 caliber rifles were
involved in 60 percent of the rifle mur-
ders last year; .22 caliber rimfire bullets
accounted for 37 percent of the homi-
cides committed in this country last
year; that is, 3,300 Americans were mur-
dered by these bullets.
The weapon used to kill Robert Ken-
nedy was a .22 caliber revolver which
fired a .22 caliber rimfire bullet.
Mr. Speaker, the Gun Control Act
of 1968 represented one of the outstand-
ing accomplishments of the 90th Con-
gress. It marked the beginning toward
reducing the level of gun violence in this
country. Now, without any hearings and
only 10 months after the act has become
effective, a Senate committee has moved
to strike an essential element from the
act's regulatory fabric.
No examination of the need or conse-
quences of repealing ammunition con-
trols has been made. It is unwise and
regressive to cut back the scope of the
act of 1968. Should the other body never-
theless adopt this ammunition rider, it
will encounter sustained opposition on
the floor of the House. The resulting de-
lay may well jeopardize the enactment
of the Interest Equalization Tax Exten-
sion Act. The ammunition amendment
should be defeated.
NOTE: This statement is for use after the press
conference of Dr. Milton S. Eisenhower, Chairman
of the Commission, which is scheduled for 3:00 рш,
EDT, Monday, July 28, in Room 2008, Federal Office
Building No. 7, on 17th between Pennsylvania and H
Streets. For further information, phone 395-3390.
COMMISSION STATEMENT ON
FIREARMS & VIOLENCE
DR. MILTON S. EISENHOWER
CHAIRMAN
July 28, 1969
NATIONAL COMMISSION ON
THE CAUSES AND PREVENTION OF VIOLENCE
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL COMMISSION
ON THE CAUSES AND PREVENTION OF VIOLENCE
FIREARMS AND VIOLENCE
DR. MILTON S. EISENHOWER
CHAIRMAN
Whether guns cause violence, contribute to it, or are merely coincidental to it has long been
MEMBERS OF THE COMMISSION
debated. After extensive study we find that the availability of guns contributes substantially to
violence in American society. Firearms, particularly handguns, facilitate the commission and
increase the danger of the most violent crimes-assassination, murder, robbery and assault. The
JUDGE A. LEON HIGGINBOTHAM
widespread availability of guns can also increase the level of violence associated with civil
VICE CHAIRMAN
disorder. Firearms accidents, while they account for only a small percentage of all accidents,
cause thousands of deaths and injuries each year.
CONGRESSMAN HALE BOGGS
This relationship between firearms and violence tends to obscure two other important facts
TERENCE CARDINAL COOKE
bearing on the firearms question. First, the vast majority of gun owners do not misuse firearms.
Millions of Americans are hunters, target shooters, and collectors, who use their guns safely and
AMBASSADOR PATRICIA ROBERTS HARRIS
responsibly and who, perhaps more than many of their fellow citizens, deplore the criminal use
SENATOR PHILIP A. HART
of firearms. Second, in attending to the firearms problem, we must not forget that the root
causes of American violence go much deeper than widespread gun ownership. Firearms generally
ERIC HOFFER
facilitate, rather than cause, violence.
SENATOR ROMAN HRUSKA
The challenge for this Commission-and for the nation as a whole-is to find ways to cope
with illegitimate uses of guns without at the same time placing undue restrictions on legitimate
LEON JAWORSKI
uses. We believe this is possible if both the advocates and the opponents of gun control legislation
ALBERT E. JENNER, JR.
will put aside their suspicions and preconceptions, accept the fact of a common danger without
exaggerating its dimensions, and act for the common good.
CONGRESSMAN WILLIAM M. McCULLOCH
JUDGE ERNEST W. McFARLAND
1. THE DOMESTIC ARMS BUILDUP
DR. W. WALTER MENNINGER
WE FIND THAT THE UNITED STATES IS IN THE MIDST OF
STAFF OFFICERS OF THE COMMISSION
A PERIOD OF INCREASING FIREARMS OWNERSHIP.
LLOYD N. CUTLER
Our Task Force on Firearms estimates that there are now about ninety million firearms in the
EXECUTIVE DIRECTOR
United States. Half of the nation's sixty million households possess at least one gun, and the
THOMAS D. BARR
number of guns owned by private citizens is rising rapidly.
DEPUTY DIRECTOR
During the first half of this century, about ten million firearms on the average were added to
the civilian firearms supply in each decade. In the decade since 1958, however, nearly thirty
JAMES F. SHORT, JR.
million guns have been added to the civilian stockpile. Moreover, the sharpest increases have
MARVIN E. WOLFGANG
occurred in the last five years-a period of urban riots and sharply rising crime rates. Annual
CO-DIRECTORS OF RESEARCH
rifle and shotgun sales have doubled since 1963. Annual handgun sales have quadrupled.
JAMES S. CAMPBELL
Some of the increased gun sales in recent years have resulted from an increase in hunting and
GENERAL COUNSEL
sport shooting, a fact consistent with the rising amount of money being spent on leisure time
WILLIAM G. McDONALD
activities. But these predictable increases in sales of sporting arms cannot explain the much
ADMINISTRATIVE OFFICER
larger increases in the sales of handguns. With a few scattered exceptions, handguns are not
JOSEPH LAITIN
sporting guns.
DIRECTOR OF INFORMATION
A substantial part of the rapidly increasing gun sales, particularly handgun sales, must be
attributed to the rising fear of violence that the United States has recently experienced. Studies
RONALD WOLK
by our Task Force on Firearms, as well as by the Stanford Research Institute and the Senate
SPECIAL ASST. TO THE CHAIRMAN
1
Reproduced at the Richard Nixon Presidential Library and Museum
Subcommittee on Juvenile Delinquency, show that gun sales in a particular area tend to increase
next most frequent and lethal weapon used in homicides). Thus, even if the number of violent
sharply during and after a period of disorder. After the 1967 Detroit riot, for example, gun sales
attacks did not go down, the number of fatalities resulting from violent attacks would be
skyrocketed: Detroit issued four times as many handgun permits in 1968 as it did in 1965, and
substantially reduced if the attackers did not have guns.
a nearby, predominantly white suburb issued five times as many permits.
The deadliness of firearms is perhaps best illustrated by the fact that they are virtually the
Lending impetus to the arms buildup are the exhortations of extremist groups, both black
only weapons used in killing police officers. Policemen are armed. They are trained in the skills
and white. In their speeches and publications, leaders of these groups urge their members to buy
of self-defense. They expect trouble and are prepared for it. Yet, from 1960 through 1967, 411
firearms and be prepared to use them against "the enemy." Neighborhood protective associations
police officers were killed in the course of their official duties-76 of them in 1967 alone. Guns
have proliferated and have sometimes come to share the fears of the right-wing paramilitary
were used in 96 percent of these fatal attacks on police.
groups, with the result that firearms are now being stockpiled in homes as well as "in the hills."
In assassinations, guns play a crucial role because they extend the deadliness and the effec-
A new wave of American vigilantism could result from these activities. Further, black extremist
tiveness of the assassin. Of the nine assassination attempts on American presidents or presidential
organizations urge their members to obtain firearms for neighborhood and home defense, and
candidates, all involved firearms. All, except the assassination of President Kennedy, involved
sometimes for guerrilla warfare and terrorist activities as well. Ironically, extremist groups,
handguns.
regardless of race, are remarkably alike in their attitudes toward firearms and their opposition to
Guns also play an increasingly deadly role in aggravated assault and robbery. In 1968, 23
firearms control. 1
percent of all aggravated assaults were committed with guns, as opposed to only 13 percent in
Quite apart from civil disorders, the urban arms buildup has increased the role of firearms in
1963. One out of every three robberies (two out of every three armed robberies) is committed
accidents and violent crime. Our Task Force has found that in Detroit accidental firearms deaths
with a gun, and the fatality rate for victims of firearms robberies is almost four times as great as
were three times greater in 1968, the year after the riot, than in 1966, the year before the riot.
for victims of other armed robberies.
Between 1965 and 1968, homicides in Detroit committed with firearms increased 400 percent
In all these violent crimes, handguns are the weapon predominantly used. Although only
while homicides committed with other weapons increased only 30 percent; firearms robberies
slightly more than one-fourth (or 24 million) of the firearms in the nation are handguns, they
increased twice as fast as robberies committed without firearms. (These rates of increase are
account for about half of all homicides and three-fourths of all firearms homicides. When
much higher than for the nation as a whole.)
firearms are involved in aggravated assaults and robberies in large cities, the handgun is almost
Other studies confirm our finding that the proportion of gun use in violence rises and falls
invariably the weapon used.
with gun ownership. The urban arms buildup threatens not only to escalate future civil disorders,
but also to bring with it greater misuse of firearms in crimes and accidents.
3. FIREARMS AND SELF-DEFENSE
2. FIREARMS AND VIOLENT CRIME
WE FIND THAT FIREARMS IN THE HOME ARE PROBABLY
OF LESS VALUE THAN COMMONLY THOUGHT IN DEFEND-
WE FIND THAT FIREARMS, PARTICULARLY HANDGUNS,
PLAY A MAJOR ROLE IN THE COMMISSION OF HOMICIDE,
ING THE HOUSEHOLDER'S LIFE AGAINST INTRUDERS,
BUT THAT FIREARMS IN BUSINESS ESTABLISHMENTS
AGGRAVATED ASSAULT, AND ARMED ROBBERY, AND
MAY SOMETIMES BE EFFECTIVE IN DEFENDING AGAINST
THAT THEY ARE BEING USED IN GREATER PERCENTAGES
ROBBERIES.
OF THESE VIOLENT CRIMES.
Many Americans are alarmed by the rise of violent crime in the United States, and not
It may seem incongruous that in our advanced and civilized society individual citizens should
without reason. Personal injury and death from crime occur more often in the United States
feel the need to keep a gun for self-protection. Yet a 1966 public opinion survey, conducted for
the President's Commission on Law Enforcement and the Administration of Justice, disclosed
than in any other industrial nation of the world.
Firearms are a primary instrument of injury and death in American crime. Two out of every
that more than 22 million households (37 percent of the total and 66 percent of the households
three homicides are committed with guns. Since 1963 the number of homicides involving
with guns) included self-defense as one reason, among others, for owning a firearm. Since many
firearms has increased 48 percent in the United States while the number of homicides committed
owners keep their guns in the home for protection against intruders, it is important to assess, to
with other weapons has risen only 10 percent.
the extent possible, the nature of the threat from intruders and the chances of gun owners to
The circumstances of most homicides suggest that a person without ready access to a gun
defend themselves successfully with their weapons.
would not inevitably kill with another weapon. Studies show that most persons who commit
What is the nature of the threat in the home? The number of killings in the home by burglars
homicide are not relentless, determined killers, but rather are persons likely to act on impulse in
and robbers² is not large relative to the total number of homicides. Burglars usually try to avoid
a moment of rage or passion and without a plan or determined intent to kill. There is no hard
contact with the homeowner: they rely on stealth and are more likely to flee than fight when
evidence to prove or disprove the thesis that lacking a gun, an enraged person will resort to a
discovered. The robber poses a much greater threat to the personal safety of the occupant of the
knife or other weapon. But there is evidence demonstrating that the fatality rate of firearms
house, but robberies occur in the home far less often than in other places. 3 Because of these
attacks is more than four times greater than the fatality rate of knife attacks (knives being the
2 Robbery involves taking property by force; burglary involves illegal entry without force against the person.
³The 17-city victim-offender survey conducted by our Task Force on Individual Acts of Violence shows an
This is not to imply that all persons who oppose additional controls are extremists.
average of 6 percent of armed robberies occurring in the home.
2
3
Reproduced at the Richard Nixon Presidential Library and Museum
factors, studies in several cities indicate that killings in the home by robbers and burglars account
approach of these laws has been to use federal power merely to curtail interstate movements of
for no more than 2 percent or 3 percent of all criminal homicides. 4
firearms, leaving each of the states free to adopt the degree and kind of internal control it wished.
What are the householder's chances of successfully defending himself with a gun? In only a
Moreover, even this limited policy objective was not effectively implemented. It was perfectly
relatively small number of instances do home robberies or burglaries result in the death of the
legal, until the passage of the Gun Control Act of 1968, to sell or ship weapons from a state
victim. Examination shows that in the great majority of the cases, the householder had no
which had little or no firearms control to persons in a state with a stricter system. Since attempts
warning and thus no chance to arm himself with a gun. Studies in Los Angeles and Detroit
to establish uniform state and local firearms laws never succeeded, the few serious efforts at state
indicate that only about two percent of home robberies, and two-tenths of one percent of home
and local regulation (as in Massachusetts and New York) have been consistently frustrated by the
burglaries, result in the firearms death or injury of the intruder at the hands of the householder. 5
flow of firearms from jurisdictions with looser or no controls.
Moreover, in considering the value of handguns, or firearms generally, for self-defense in the
Under this patchwork statutory regime, our firearms population has grown to the point where
home, one must also take into account the risks associated with home possession of a gun. A
guns are readily available to everyone-legally in most cases, illegally in the rest. The Gun Control
substantial number of the 23,000 annual firearms accidents occur in the home. Of the 8,000
Act of 1968 does curtail imports of cheap foreign firearms; it significantly restricts mail order and
annual firearms homicides, a large percentage occur among family members or acquaintances, and
interstate gun shipments to individuals; and it forbids the possession of handguns by convicted
many of these also occur in the home.
felons and other dangerous classes. But the 1968 Act is not designed to affect either the overall
From the standpoint of the individual householder, then, the self-defense firearm appears to
size of the tremendous United States gun population which is the legacy of past firearms
be a dangerous investment. The existence of guns in one-half of America's homes may deter
policies, or the hand-to-hand or "street" sales of second-hand guns. Yet such sales appear to be
intruders. One may assume a robber is reluctant to ply his trade in homes rather than on the
the major source of the firearms used in crime. We have learned that almost half of all rifles and
street because of the possibility that he may encounter an alert, armed householder. Our Task
shotguns and more than half of all handguns are acquired second-hand-usually from a friend or
Force made an effort to study the extent of this deterrence, but was unable to arrive at any firm
other private party.
conclusion. The evidence is convincing, however, that the home robber most often has the
Our lack of an effective national firearms policy is primarily the result of our culture's casual
advantage of surprise, and the armed segment of our population is paying a heavy price in
attitude toward firearms and its heritage of the armed, self-reliant citizen. These are the factors
accidents and in the shooting of family members, friends and acquaintances for whatever
that have prevented passage of effective gun regulation legislation in the United States. Guns are
deterrent effect their possession of self-defense firearms may be providing. In a more rational
routinely carried in pockets and left in closets, corners, and bureau drawers. In many parts of the
world, home intrusion would be deterred by other means-such as non-lethal weapons, alarm
country, they are standard equipment in pickup trucks and small businesses. Nearly 15 million
systems, and other security arrangements-that are less dangerous to the occupants of the home.
licensed hunters make extensive use of firearms for sporting purposes. The hero of American
Burglars and robbers also threaten businesses, and firearms are frequently kept in places of
movies and television is the man with a gun-the soldier, cowboy, spy, sheriff, or criminal-and
business for protection. Such firearms are useful primarily against robbers, since burglars usually
our children accumulate an arsenal of toy guns. Accustomed to firearms, convinced that they are
break and enter after the business has closed. Research to date does not permit us to draw firm
household necessities, entertained by fiction and drama that portray the gun as a glamorous
conclusions as to the net usefulness of self-defense firearms possessed by storeowners and other
instrument of personal justice, many Americans underestimate the consequences of widespread
businessmen. We do know, however, that business self-defense firearms do not cause the great
firearms availability.
number of accidents caused by home firearms or involve the same risk of homicide to family
Despite the acceptance of guns as a common part of everyday American life, there is also a
members and friends. Thus, the home and the business establishment must be clearly distinguished
growing realization in the United States of the social costs of ineffective gun control. On the one
from each other when considering the usefulness of firearms for self-defense.
hand, firearms manufacturers are on record favoring the requirement of an identification card for
firearms owners and denying gun ownership to felons and mental and physical incompetents. On
4. FIREARMS CONTROL IN THE UNITED STATES
the other hand, advocates of strict gun control are increasingly inclined to acknowledge the
legitimate use of guns by sportsmen. Both the President's Commission on Law Enforcement and
A NATIONAL FIREARMS POLICY WHICH SIGNIFICANTLY
the Administration of Justice in 1967 and the National Advisory Commission on Civil Disorders
REDUCES THE AVAILABILITY OF HANDGUNS WILL RE-
in 1968 recommended that the federal government and the states should act to strengthen the
DUCE THE AMOUNT OF FIREARMS VIOLENCE
presently inadequate firearms control laws.
In determining what our national firearms policy should be, it is necessary to keep clearly in
The United States still does not have an effective national firearms policy. Federal gun laws
mind that just as the term "firearms" includes different kinds of weapons which contribute
have been passed largely in response to sensational episodes of gun violence. In general the
unequally to violence, so also does the phrase "gun control" comprise a number of quite separate
ideas. Four different strategies of gun control can be identified, though in legislative measures
4Home intrusions resulting in sexual attacks are also a threat, but they occur much less frequently than
the strategies are often found in various combinations.
commonly believed. Our victim-offender survey suggests that substantially less than one fourth of the
27,000 rapes or rape attempts reported in the United States each year are committed by intruding strangers
1. Registration of firearms. Registration is designed to provide a record of all persons who
in the home. Since about 20,000 robberies (armed and unarmed) and 800,000 burglaries occur annually in
own firearms as well as the firearms they own. Proponents point out that registration would help
the home, not more than three-quarters of one percent of home intrusions result in an attempted rape.
police trace weapons and thus deter a registered owner from criminal use or illegal transfer of his
⁵No data are available on how frequently robberies and burglaries are foiled by the householder's display of a
gun that is not fired. Nor are data available on use of guns by women to prevent attempted rapes;
firearm. Opponents of registration reply that criminals will not register firearms and that the
presumably this occurs extremely infrequently.
registration process is costly.
4
5
Reproduced at the Richard Nixon Presidential Library and Museum
2. Prohibition of gun ownership by certain classes of persons (felons, addicts, etc.). This
Public Education
type of control is put forward as making it more difficult for poor gun risks to obtain firearms
We urge a public education campaign, aided by the National Rifle Association and
from legitimate sources. Licensing and investigation of applicants are often utilized as part of
other private organizations devoted to hunting and sport shooting, to stress the duties and
this strategy. Opponents argue that the prohibited class can still obtain guns by theft or in the
responsibilities of firearms ownership so that a new awareness of the proper role of firearms
hand-to-hand market, while legitimate users are caused added inconvenience.
in American life can prevail in the more than 30 million homes which possess firearms. In
3. Increased criminal penalties for the use of guns in crime. Increased penalties are urged as
particular, we urge the nation's gun manufacturers to issue safety booklets with each gun that
a means to deter criminals from using firearms. Opponents point out that existing penalties for
they sell and to administer safety tests by mail to purchasers based upon these booklets.
violent crime are already severe and that an extra measure of punishment will have little additional
We urge individual citizens-particularly on the basis of the statistics on firearms
deterrent effect.
accidents-to reflect carefully before deciding that loaded firearms are necessary or desirable
for self-defense in their homes.
4. Restrictive licensing. This method requires all persons seeking to buy a particular type of
firearm, typically a handgun, to demonstrate to the authorities an affirmative need to own the
Research
firearm. Its proponents urge that alone among the four control strategies, restrictive licensing is
designed to reduce substantially the number of handguns in circulation. Its opponents note that
We urge that further research be undertaken on the relationships between firearms and
restrictive licensing systems require the surrender of many previously lawful firearms, and amount
violence and on the measures that can reduce firearms violence. Further work should
to "confiscation."
especially be done on how firearms accidents occur and can be prevented and on the
psychological impact of guns on criminals.
Can any of these systems of firearms control be expected to reduce firearms violence? Some
argue that with 90 million firearms in our country, no system of control will prevent persons
Further research is also needed as part of the effort to design firearm control systems
from obtaining guns and using them illegally. The criminal, they declare, can always get a gun.
that are no more restrictive than necessary and which minimize costs to firearms users and to
the community as a whole.
The argument is not without merit, for it points the way to the steps which must be taken.
Our studies have convinced us that the heart of any effective national firearms policy for the
Scientific research should be intensified on devices to assist law enforcement personnel
United States must be to reduce the availability of the firearm that contributes the most to
in detecting the presence of concealed firearms on the person.
violence. This means restrictive licensing of the handgun. We believe, on the basis of all the
The Federal Government should join with private industry to speed the development
evidence before us, that reducing the availability of the handgun will reduce firearms
of an effective non-lethal weapon. We consider this recommendation to be of the utmost
violence.
importance. So long as crime rates mount in this nation and civil disorders threaten, law-
Although no other nation in history has ever attempted to institute firearms control with so
abiding Americans understandably fear for their safety. An effective non-lethal weapon could
many guns already dispersed throughout all segments of the population, foreign crime statistics
serve defensive needs without risk to human life.
provide some encouraging insights into the possible results of stricter control of the handgun in
the United States. Thus in England and Wales, with restrictive licensing systems and with much
Legislation
lower rates of violent crime than the United States, only 18 percent of homicides in 1967 were
committed with firearms weapons compared to 64 percent in the United States. Only six percent
We conclude that the rising tide of firearms violence in this country merits further legislative
of all robberies in England and Wales in 1967 involved guns, as compared to 36 percent in the
action at the present time.
United States. These lower rates of homicides and armed robberies and more importantly of
It is the ready availability of the handgun, so often a weapon of crime and so infrequently a
firearms usage in such crimes suggest that a system which makes it substantially more difficult to
sporting arm, that is the most serious part of the current firearms problem in this country. The
obtain firearms can reduce the use of firearms in violent behavior and consequently can reduce
time has come to bring the handgun under reasonable control.
both the frequency and the dangerousness of such behavior. In England and Wales the criminal
A restrictive licensing system for handguns is needed. State governments should be given the
cannot-or at least does not-always get a gun, and the public safety is much improved as a
first opportunity to establish such systems in conformity with minimum federal standards that
result.⁶
afford considerable discretion to each state to adopt a system suitable to its own needs.
Accordingly-
We recommend federal legislation to encourage the establishment of state licensing
5. RECOMMENDATIONS FOR A NATIONAL FIREARMS POLICY
systems for handguns. The federal legislation would introduce a federal system of handgun
licensing, applicable only to those states which within a four-year period fail to enact a state
The Commission offers the following recommendations to reduce the role which firearms
law that (1) establishes a standard for determining an individual's need for a handgun and for
play in violence in the United States.
the licensing of an individual who shows such a need and (2) prohibits all others from
possessing handguns or buying handgun ammunition.
⁶Comparison of firearms crimes in cities within the United States, although complicated by the problem of
We propose that the states be permitted to determine for themselves what constitutes "need"
"leakage" across state lines, also shows that rates of firearm use in violence are lowest in the Northeast
where firearms possession rates are the lowest.
to own a handgun. For the federal system applicable to states which fail to enact their own
6
7
Reproduced at the Richard Nixon Presidential Library and Museum
licensing systems, we recommend that determinations of need be limited to police officers and
6. CONCLUSION
security guards, small businesses in high crime areas, and others with a special need for self-
protection. At least in major metropolitan areas, the federal system should not consider normal
An effective national firearms policy would help to reduce gun violence in the United States.
household self-protection a sufficient showing of need to have a handgun.
It would also have a significance beyond the question of firearms. In comparison with most of
We also recommend that a system of federal administrative or judicial review be established
the causes of violence in America, the firearms problem is concrete and manageable. But it is also
to assure that each state system is administered fairly and does not discriminate on the basis of
complex and emotion-laden. For the United States to move effectively toward its solution would
race, religion, national origin, or other unconstitutional grounds.
signify a new ability to transcend our violent past.
We note that it will be necessary to compensate those handgun owners who are required to
give up previously lawful firearms; this cost, which should be borne by the federal government,
could amount to $500 million.
Finally, we emphasize that laws controlling handguns should provide serious penalties for the
possession of such guns by unlicensed persons. The apprehension of such persons should in time
greatly reduce the rate of violent crime in the United States.
Shotguns and rifles are far less of a threat than handguns, particularly in the area of violent
crime. At the same time, legitimate use of the long gun is widespread. The significant differences
SEPARATE STATEMENT
between handguns and long guns call for substantially different control strategies. We can make
substantial inroads on firearms violence without imposing major inconveniences on hunters and
skeet and trap shooters, and without impeding other legitimate activities of millions of long gun
Four members of the Commission (Senator Roman L. Hruska, Judge Ernest W. McFarland,
owners. Accordingly-
Congressman Hale Boggs, and Leon Jaworski) state that there is a great deal with which they
We recommend federal legislation to establish minimum standards for state regulation
agree in the report on "Firearms and Violence." They feel, however, that the needs are not the
of long guns under which (1) an identification card would be required for long gun owners
same in the various States, or, for that matter, in all parts of a State. It is their opinion that each
and purchasers of long gun ammunition (a system similar to that recommended by gun
State should be permitted to determine for itself without additional restrictions from the Federal
manufacturers) and (2) any person 18 and over would be entitled to such a card, except
Government the system which best meets its needs to control the use of both the handguns and
certain classes of criminals and adjudicated incompetents. For states which do not adopt
the long guns. They are unable, therefore, to concur fully in the report of the Commission.
such regulations within four years, a federal regulatory system would be established.
We do not recommend federal legislation to require nationwide registration of existing
long guns. Substantially the same benefits could be obtained from less costly and burdensome
control strategies.
We do recommend that persons who transfer long guns be required to fill out a single
card giving the serial number, type, make, and model of the weapon, the transferee's social
security and firearms identification card numbers, the transferor's name and social security
number, and the date of the transaction.
Supplementary Measures
Restrictive licensing of handguns and the simple identification card system for long guns
represent the key legislative recommendations of this Commission in the area of gun control.
There are, however, a number of other important goals which uniform and effective gun control
legislation should accomplish. We urge the nation's lawmakers to consider them.
First, the Gun Control Act of 1968, which is intended to curtail the import of firearms
unsuitable for sporting use, should be extended to prohibit domestic production and sale of "junk
guns." Second, a federal firearms information center should be established to accumulate and
store information on firearms and owners received from state agencies; this information would be
available to state and federal law enforcement agencies. Third, licensed gun dealers should be
required by federal statute to adopt and maintain security procedures to minimize theft of
firearms.
8
9
Reproduced at the Richard Nixon Presidential Library and Museum
STATISTICAL APPENDIX
1. Total number of firearms in civilian hands (U.S., 1968):
RIFLES: 35 million.
SHOTGUNS: 31 million.
HANDGUNS: 24 million.
TOTAL: 90 million.
2. Annual increase in number of firearms in civilian hands (U.S., 1962 VS. 1968):
RIFLES: 1962, 0.7 million
1968, 1.4 million.
SHOTGUNS: 1962, 0.7 million
1968, 1.4 million.
HANDGUNS: 1962, 0.6 million
1968, 2.5 million.
TOTAL: 1962, 2.1 million
1968, 5.3 million.
3. Mode of acquisition of firearms (U.S., 1968):
RIFLES: New, 56%
Used, 44%.
SHOTGUNS: New, 54%
Used, 46%.
HANDGUNS: New, 46%
Used, 54%.
Note: More than 50% of all acquisitions of used firearms
are from private parties, rather than from stores.
4. Accidental deaths of civilians from firearms and other causes (U.S., 1967):
MOTOR VEHICLES: 53,100
FALLS: 19,800
FIRES: 7,700
DROWNING:
6,800
FIREARMS:
2,800
POISONS:
2,400
MACHINERY:
2,100
5. Total number of major violent offenses (U.S., 1964 vs. 1967):
HOMICIDES: 1964, 9,250
1967,
12,100.
AGGRAVATED ASSAULTS: 1964, 200,000
1967, 253,300.
ROBBERIES: 1964, 129,830
1967, 202,050.
6. Criminal uses of firearms (U.S., 1964 vs. 1967):
HOMICIDES: 1964, 55% with firearms
1967, 63% with firearms.
AGGRAVATED ASSAULTS: 1964, 15% with firearms
1967, 21% with firearms.
ROBBERIES: 1964, not available
1967, 37% with firearms.
7. Deadliness of firearms attacks vs. knife attacks (U.S., 1967):
Percentage of firearms attacks resulting in death: 12.8.
Percentage of knife attacks resulting in death:
2.9.
(Firearms attacks are thus 4.4 times as deadly as knife attacks.)
8. Type of gun used in crimes committed with firearms (large U.S. cities, 1967):
HOMICIDE: Long guns, 8% Handguns, 92%.
AGGRAVATED ASSAULT: Long guns, 14%
Handguns, 86%.
ROBBERY: Long guns, 4%
Handguns, 96%.
Note: Handguns were used in 76% of gun homicides throughout
the United States in 1967.
Source: Task Force Report, Firearms and Violence in American Life (National Commission
on the Causes and Prevention of Violence. July, 1969).
10
Form DJ-150
(Ed. 4-26-65)
UNITED STATES GOVERNMENT
DEPARTMENT OF JUSTICE
Memorandum
TO
: Egil Krogh
DATE: Feb. 9, 1970
Deputy Assistant to the President
FROM
DS
Donald E. Santarelli
Associate Deputy Attorney General
SUBJECT: Alcohol, Tobacco Tax & Firearms Division of IRS
Here is a classic example of insensitivity to
sportsmen by ATFD agents. It is not surprising, however,
in view of the greatly expanded enforcement agent
syndrome. Nevertheless, greater sensitivity is required
in dealing with the sportsmen crowd than is apparently
the present policy.
Reproduced at the Richard Nixon Presidential Library and Museum
MGun
Week
FIRST WEEKLY NEWSPAPER
SERVING
SHOOTERS AND COLLECTORS
A Division of the Sidney Printing & Publishing Co.
Also Publishers of The Sidney Daily News, Coin World,
Linn's Weekly Stamp News, Numismatic Scrapbook and World Coins
Sidney News Building
Sidney, Ohio 45365
PUBLICATION OFFICES 119 East
SUBSCRIPTION RATES: $4.00 for 52
Court Street Sidney, Ohio. Mail
weekly issues per year; $4.50 in
Address P. 0. Box 150, Sidney,
SHOOTING
Canada; $6.00 for Foreign. All
SPORTS
Ohio 45365. Phone Area Code
subscriptions are payable cash
FOUNDATION
513-492-4141.
in advance.
SECOND CLASS postage paid at Sidney, Ohio 45365.
ADVERTISING RATES: Display and Classified Rates shown elsewhere in this Issue. Write
advertising manager for low contract rates.
NEWS ITEMS, articles and photographs pertaining to guns and gun collecting are wel-
comed. However, unsolicited material cannot be acknowledged nor returned unless
accompanied by return postage and self-addressed envelope.
ATFD Agents Flunk Test
Some more of the boys who are enforcing the Gun
Control Act of 1968 haven't been doing their homework -
AGAIN! No matter how many directives the Alcohol,
Tobacco and Firearms Division of the Treasury Depart-
ment puts out to its local agents explaining the law, there
are still some who don't know what the gun law contains.
Recently, an ATFD agent spoke to a group of Maine
Conservation Department officials, prefacing his remarks
with the assurance that nothing in the new law was "in-
tended" to harass the legitimate sportsman. He went on to
"explain" the procedure required to move guns when
changing residence from one state to another.
The ATFD agent told the conservation officials it is
illegal for a gun owner to personally transport his guns
across the state line when moving to a new state of
residence. He said the "legal" way to move them is to con-
sign them to a common carrier moving the owner's
household goods. However, some commercial carriers will
not accept guns and ammo.
Obviously, this agent should be given a refresher
course in what the Gun Control Act DOES prohibit. It does
NOT prohibit a law-abiding citizen from moving his per-
sonal firearms across state lines - whether for a per-
manent or temporary residence change. In fact, the ATFD
late last year published a 132-page booklet containing an
explanation of this very question. The booklet ("Published
Ordinances Firearms," IRS Publication 603, available for
$1.25 from Superintendent of Documents, U. S. Govern-
ment Printing Office, Washington, D. C. 20402) said:
"May a person changing his place of residence from
one State to another move his firearms as part of his
household goods into the State where he is establishing his
new residency?' The ATFD answer: "Yes, provided he is
not prohibited otherwise by the Gun Control Act or Title
VII of the Omnibus Crime Control and Safe Streets Act
from transporting or shipping firearms. Of course, if any
common or contract carrier is used to transport or ship the
household goods, the carrier must be notified, in writing,
that such firearms are being transported or shipped."
The booklet goes on to enumerate the categories of in-
dividuals who may not transport firearms in interstate
commerce. These are: Fugitives, felons, drug addicts, men-
tal incompetents, persons who have been dishonorably
discharged from the Armed Forces, those who have re-
nounced their U.S. citizenship, and aliens who are in the
U.S. illegally.
This is not the first time regional agents of ATFD have
been caught giving out erroneous information - and it
probably won't be the last time. Frequently in the last
year local agents have been guilty of misinterpreting the
Gun Control Act, which, if continued, will lead to a sit-
uation where gun owners won't know whether or not to
believe ANY local ATFD agent on ANY question.
Therefore, in order to preserve what little credibility
the ATFD has left at the local level, the agency's Wash-
ington Headquarters should take immediate steps to in-
doctrinate its local agents in the workings of ALL Federal
gun laws. In too many cases local agents have added to the
credibility gap, and it will not be bridged as long as con-
flicting interpretations are forthcoming from the various
levels of ATFD.
May we suggest all ATFD agents be issued a copy of
Publication 603 "Published Ordinances Firearms," and be
required to learn what it contains. This would be a step in
the right direction. - A.J.
Reproduced at the Richard Nixon Presidentiat Library and Museum
THE WHITE HOUSE
WASHINGTON
August 25, 1970
MEMORANDUM FOR
BUD KROGH
This is to advise you that John agrees with your
recommendation that we should oppose an amendment
to the Internal Revenue Code which would exempt
from the recordation requirements of the Gun
Control Act sales to consumers of .22 caliber
ammunition.
In your absence, I communicated this decision to
Jeff Donfeld who will notify all appropriate parties.
KEN COLE
CC: Ron Ziegler
Reproduced at the Richard Nixon Presidential Library and Museum
Form DJ-150
(Ed. 4-26-65)
UNITED STATES GOVERNMENT
DEPARTMENT OF JUSTICE
Memorandum
TO
:
Egil Krogh
DATE: March 16, 1970
Deputy Assistant to the President
FROM
Pl
:
Donald E. Santarelli
Associate. Deputy Attorney General
SUBJECT: Gun Control
Here is a good example of how strong the sportsmen anti
gun control interest runs in some areas. For Scott to admit that
his 1968 support for gun control was a "mistake" really tells the
story. Especially since he was a leading agent for LBJ-
Clarb on the issue and led the Population depection
to support the act he's now "mistalsen "about.
& Gen Oe coury fels
Reproduced at the Richard Nixon Presidential Library and Museum
GUN WEEK, Friday, December 5,
Scott Admits Gun Act 'Mistake;'
Challenges Gun Week's Editorial
Sen. Hugh Scott (Pa.), who is
percent of these funds instead of
up for re-election next year, has
3 percent under the Metcalf pro-
admitted that he made a
vision.
mistake in voting for the Gun
(2) I have co-sponsored and
Control Act of 1968 and prom-
testified in support of S-849,
ises to attempt to rectify the
Senator Mansfield's bill to pro-
mistake.
vide tough mandatory penalties
MARCH
In a Nov. 10 letter to Gun
for criminals who use firearms
3
Week, Sen. Scott said he voted
to commit Federal felonies. This
for the Gun Control Act "in the
The Department of
bill I hope will place the focus
heat of a very discouraging and
falo seal, left, as i
on the criminal element, where
violent summer." but later
it belongs.
replaced the buff
realized the law "would not
(3) I testified in opposition to
result of Departme
have the crime fighting effects
Senator Tydings' bill, S-977, to
return to the tradit
that I had in mind, but rather
establish a national system of
would merely harass the law-
firearms registration, and
abiding sportsmen."
against the Dodd Certificate
Departm
"I saw the mistake and vowed
Bill, S-2433, which would require
to rectify it," he added.
Returns
every gun-owner to procure a
Because of Sen. Scott's anti-
"certificate" from the Secretary
gun stand in 1968, several
of the Treasury. I have pledged
Secretary of the
sportsmen's groups in Pennsyl-
ter J. Hickel has
to vote against these bills in the
vania have gone on record op-
Sen. Hugh Scott
Judiciary Committee and on the
Department to ret
posing his re-election, despite
its traditional buffa
Senate floor, and I will. Watch
the fact that he has been wooing
Bennett-Scott bill which removes
its official seal.
me.
sportsmen's votes and mending
the sporting ammunition sales
(4) I strongly oppose those
The buffalo seal
fences since early this year.
registration requirements. As it
r m m e n d a ns of the
in 1929 and replace
The complete text of Sen.
worked out, such requirements
Violence Commission which
one with a styli
Scott's letter to Gun Week
make no sense. No law enforce-
would, in effect, confiscate 90
hands. But on Apri
follows:
ment purpose is served. It is
per cent of the handguns in this
retary Hickel put :
The October 10th editorial in
impossible to trace a criminal's
country. Such a provision, I
on the use of the
your fine newspaper entitled
bullet back to the place of pur-
chase.
believe, is clearly unconstitu-
cause Departmen
"Lest We Forgive and Forget"
tional.
and public individu
deals honestly and straight-
As you know, this Bennett
These things, I think you will
out on the issue 01
forwardly with the issues in the
provision was passed by the
agree, are more than mere "lip
urged a return to
important firearms legislation
Senate on October 9th. As
service."
emblem.
area. I am therefore going to
Senator from Pennsylvania and
comment on this editorial in the
In a recent speech before the
as Minority Leader, I worked
As the emblem
same manner - no shooting
long hours with Senator Bennett
members of the Pennsylvania
ment, the seal is
from the hip, just the straight
Rifle and Pistol Association, I
in planning legislative strategy
official papers ar
story.
that led to passage. In fact, one
a k n 0 Congress'
mistake, a mistake in which I
Before the summer of 1968,
of my first acts as Minority
my voting record on all matters
Leader was to work to get floor
participated, in passing all of
the provisions of the Gun Con-
of interest to sportsmen was an
action on the proposal. This ef-
fort was not just "lip service"
trol Act of 1968. In dealing with
extremely good one. I have
as you stated.
an enormously complex group of
strenuously supported major
legislative problems, mistakes
conservation and wildlife preser-
But I did more than just work
are often inevitable. We all
vation legislation since my elec-
on the Bennett bill. In addition:
make mistakes, but I have tried
tion to Congress in 1940. My ac-
.32 ACP, Brig
(1) I have a bill, S-2311,
to work and I will continue to
arsenals (S.F.M
tion in 1968 to which your
before the Senate which would
work to correct it.
order: G. 1. sea
editorial refers was my support
channel Federal taxes collected
As a man and as a Senator, I
9 MM LUGER,
of the Gun Control Act of 1968. I
from the sale of handguns into
ask only to be judged by my en-
(S.F.M.) brass
voted for and supported this
the Wildlife Restoration Fund.
tire record. That record goes
order: Sealed G
legislation in the heat of a very
Approximately $5 million a
far beyond one month or two
Many more pop
discouraging and violent sum-
mer. Inc tragic stayings OI Dr.
vear would he added to the fund
and the votes on one measure.
Terms: Enclose
Martin Luther King and Senator
by my measure. This money
My total record is one which
Angeles. Enclo
Robert F. Kennedy, one of my
now goes into general revenues,
sportsmen can support with en-
colleagues, had a great impact
where it is of no direct benefit
thusiasm.
on the Senate and the country
to Pennsylvania sportsmen and
Signed: Hugh Scott
as a whole.
all other Pennsylvanians. This
The main reason for my sup-
bill is similar to the Metcalf
bill, S-670, except that my bill
MENTION "GUN WEEK" IN
port of the Gun Control Act of
1968 was because of the crime
would give Pennsylvania about 7
ANSWERING ANY AD!
fighting arguments made by
many, including FBI Director J.
Edgar Hoover, and the argu-
Spanish Automatics Chrome
ment by the arms manufac-
turers themselves that a bill
was needed to cut down the
traffic in cheap and unsound
foreign firearms of no use to
legitimate sportsmen, but often
22
used by street gangs.
43/4" Barrel
Regardless of the motives that
Gal's
6 Shot
other Senators and Congressmen
may have had in supporting this
Plastic Stog
legislation, mine were to attack
22
Shoots Shortsy Longs
the vicious increase in law
Long Rifle
breaking of which we are all
aware, and to help give the
25
ction
police another tool to fight the
wave crime that has
32
country in the
last several years.
Chrome
My was that in light of
some recent court decisions, the
$
MAGNUM CYLI
26.5
Ea.
in
Lots
police needed every tool that
Chrome or Blu
Congress could give them. I ab-
of 6 or More
solutely did not intend to sup-
port any first step toward con-
PREPAID
fiscation. As my record shows, I
have always defended the right-
to-bear-arms provision of the Sec-
ond Amendment. I have a gun
in my own home and I certainly
intend to keep it.
6 Shot
As I traveled across Pennsyl-
Blue
vania last fall campaigning for
Dick Schweiker, I saw the real
$1750
Chrome
effects of the Gun Control Act
Prepaid
$1.00
on the Commonwealth's hunters.
6 or More
$17.00
Model 700 ADL 6mm, 30/60
In town after town, sincere
Prepaid
More
Model 700 ADL 264, 7mm
sportsmen told me that they
Model 700 BDL 222 Rem
were just as concerned about
All Sales Made To
Model 700 BDL 22/250
controlling crime as I was but
Dealers Only.
that they were the ones who
Model 700 BDL 350 Rem.
Terms Net Cash With Order.
were being treated like criminals
All Items Are PREPAID
Model 700 Varmint 22/250,
instead of the real criminals
Please Include FFL Copy
Models 660, 788, 742 and 760
roaming the streets. I saw that
Congress passed a provision that
We have a large stock of Savage rifles, shotgu
perhaps would not have the
rifles at 5% off dealer prepaid. Write us
crime fighting effects that I had
in mind, but. rather would
merely harass the law-abiding
sportsmen. I saw the mistake
THE SUPPLY SERGEANT
and vowed to rectify it.
Accordingly, I have CO-
Phone (307) 635-5491
sponsored and worked for the
Reproduced at the Richard Nixon Presidential Library and Museum
LIMITED OFFICIAL USE
ACTION: U.S. Mission Geneva GATT
INFO: U.S. Mission EC Brussels
SUBJECT: Consultations on Firearms with EC
REF:
STATE 057568
1. Mission should use TSC-D 52/69 Rev 2 and data on imports as needed
in talks with EC on firearms.
2. In addition, Mission may state:
a) US Government is actively working to remove unintended discrimination
on imported firearms. We prefer do this by developing objective standards
which would be applicable both domestic and imported firearms. US officials
currently working with both government and private technicians in order
develop objective standards which would effectively remove cheap handguns
from
circulation. R European governments and gun manufacturers will be
invited submit views on development of these standards at later date.
b) If objective standards can be developed, Administration would plan
introduce legislation applying these standards both to domestic production
and imported guns, withdrawing at the same time present import prohibition
of guns not suitable for sporting purposes.
c) If, however, development such standards proves impossible, US
Government is prepared to introduce legislation which would apply present
subjective standards (i.e., prohibition of firearms not suitable for
sporting purposes) to US production.
d) USG expects introduce proposed legislation early in next session
of Congress. In meantime it not possible from practical standpoint to
remove present restrictions on firearms.
E/OT/STA:MCCarbone:srp 4/20/70
Reproduced at the Richard Nixon Presidential Library and Museum
a) U.S. Government is actively working to rectify present
improper discrimination against imported firearms. The present standard
prohibiting imports (firearms not suitable for sporting purposes) are
subjective. We would prefer an objective standard (qualitative) which
could then be applied both to domestic manufacture and importation. U.S.
officials currently working with both government and private technical
experts in order to develop an objective standard (qualitative) which could
then be applied to both domestic and foreign sources, across the board.
The purpose is to prohibit the continued production and circulation of
unsafe and undesirable firearms. European governments and gun manufacturers
will be invited to submit views on development of these standards at a
later date.
b) If objective (qualitative standards can be developed,
the Administration would plan to seek legislation that would apply these
standards to domestic production and imported firearms, thus repealing
the present import prohibition subjective and replacing it with the more
objective standard.
c) If, however, development of such objective standards proves
impossible, U.S. Government is then prepared to support legislation that
would bring the same standards and same prohibition against domestic
and commerce
production/as against foreign imports.
Reproduced at the Richard Nixon Presidential Library and Museum
d) U.S. Government would expect to propose such legislation
as soon as it is properly developed, probably not before the next session
of Congress. In view of the present statutory provisions, in the meantime,
it would not be possible to remove the present restrictions on imported
firearms.
Reproduced at the Richard Nixon Presidential Library and Museum
THE GENERAL COUNSEL OF THE TREASURY
washington, D.C. 20220
Dear Mr. Chairman:
This is in response to your requests for the views
of the Treasury Department on H.R. 17864, H.R. 17920
and H.R. 17921, 91st Congress, Second Session, each of
which is entitled "A BILL TO amend section 4182 of the
Internal Revenue Code of 1954".
H.R. 17920 and H.R. 17921 would amend section 4182,
which relates to exemptions from the excise tax imposed
on firearms and ammunition, by adding to subsection (c)
after the word "commerce" the following: ".22 caliber
rimfire ammunition". H.R. 17864 would add the same phrase
less the word "rimfire". Each of the proposed additions
in H.R. 17920 and H.R. 17921 would relieve licensees under
Chapter 44, Title 18, United States Code, of the requirement
of recording the name, address or other information con-
cerning the purchaser of .22 caliber rimfire ammunition.
H.R. 17864 would relieve licensees of such requirements
with respect to all .22 caliber ammunition.
The provisions of 18 U.S.C. 922(b)(5) make it unlawful
for a licensee to dispose of a firearm or ammunition without
making a record, kept pursuant to section 923(g), showing
the name, age and residence of the purchaser. In general,
section 923 (g) requires all licensees to maintain records
of "importation, production, shipment, receipt, and sale
or other disposition" of firearms and ammunition as the
Secretary may by regulations prescribe. Further, upon
request, the Secretary will make available to State and
local authorities information from such records including
identification of purchasers and a description of the
ammunition purchased.
During the First Session of the 91st Congress, Public
Law 91-128 (83 Stat. 269) was enacted. Section 5 of that
Act added a new subsection, subsection (c), to section 4182
of the Internal Revenue Code which, in effect, repealed
the above requirements in the Gun Control Act with respect
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
to sales of shotgun ammunition, ammunition suitable for use
only in rifles generally available in commerce, or component
parts therefor. Purchasers of ammunition interchangeable
between rifles and handguns, such as .22 caliber rimfire
ammunition, continued to be subject to the recordkeeping
requirements.
In reporting on the ammunition records amendment to
H.R. 12829 (which became Public Law 91-128), the Department
expressed the view that the records required of transactions
in sporting-type ammunition, i.e., shotgun, rifle, and
.22 caliber rimfire ammunition, were of little value in
law enforcement. Indeed, the Department stated that it
knew of no instance where any of the recordkeeping provisions
relating to sporting-type ammunition had been helpful in
law enforcement.
Although .22 caliber rimfire ammunition is usable in
handguns as well as in shoulder arms, as early as 1938,
under the repealed Federal Firearms Act, the statutory
definition of ammunition specifically excluded .22 caliber
rimfire ammunition from ammunition in the pistol and revolver
category. Also, in the case of .22 caliber rimfire ammuni-
tion, the age restriction in the Gun Control Act is practically
impossible to administer since a licensee must determine
whether each person between 18 and 21 years of age who
purchases such ammunition which is usable in pistols,
revolvers, and rifles, is in fact going to use it in a
rifle. Moreover, .22 caliber rimfire ammunition has become
by far the most popular sporting ammunition in use in the
United States with some 4.3 billion rounds sold annually.
Because of the volume of transactions in this ammunition,
the recordkeeping requirements tend to generate continued
criticism from sportsmen and others and detract from the
enforcement of other provisions of the firearms laws.
As indicated above, .22 caliber rimfire ammunition
has, since 1938, been considered rifle ammunition even
though usable in pistols and revolvers. Moreover,
H.R. 17864, H.R. 17920 and H.R. 17921 would not affect
existing controls over interstate shipments and sales of
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 -
ammunition of all types by licensees to certain classes of
people such as juveniles, drug addicts, felons and others
subject to the proscriptions of Chapter 44, Title 18, United
States Code.
In view of the above, the Treasury Department favors
enactment of any of the bills, H.R. 17864, H.R. 17920 or
H.R. 17921. As we noted, H.R. 17864 would apply to all.
.22 caliber ammunition; however, we believe that our comments
concerning .22 caliber rimfire ammunition are equally valid
with respect to other .22 caliber ammunition.
The Department has been advised by the Office of
Management and Budget that there is no objection from the
standpoint of the Administration's program to the submission
of this report to your Committee.
Sincerely yours,
General Counsel
The Honorable
Wilbur D. Mills, Chairman
Committee on Ways and Means
House of Representatives
Washington, D. C. 20515
Reproduced at the Richard Nixon Presidential Library and Museum
Form DJ-96a
DEPA
(Rev. 3-22·66)
ENT OF JUSTICE
ROUTING SLIP
TO:
NAME
division
building
ROOM
1.
2.
Keogh
3.
4.
SIGNATURE
COMMENT
per CONVERSATION
approval
necessary ACTION
AS requested
see ME
NOTE AND return
note AND file
RECOMMENDATION
CALL ME
YOUR INFORMATION
ANSWER OR ACKNOWL-
edge ON OR before
prepare REPLY FOR
THE signature OF
REMARKS
FROM
NAME
BUILDING & ROOM
EXT.
DATE
Santanll.
4-1-70
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL RIFLE ASSOCIATION OF AMERICA
Publishers of THE AMERICAN RIFLEMAN
1600 Rhode Island Avenue, N.W.
Washington, D. C. 20036
783-6505
March 31, 1970
Mr. Donald Santarelli
Associate Deputy Attorney General
Room 4208
Department of Justice
Washington, D.C. 20530
Dear Don:
Please see page two of the enclosed press release for an
interesting, although probably inaccurate, interpretation of
John Ehrlichman's statement.
Also enclosed is a tearsheet on subject from our April
issue.
Cordially,
ash
Ashley Halsey, Jr.
Editor
THE AMERICAN RIFLEMAN
AH:jm
Enclosures
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL
SHOOTING
NATIONAL SHOOTING SPORTS FOUNDATION, INC.
SPORTS
1075 Post Road
Riverside, Connecticut 06878
FOUNDATION
INC.
Code: 203 637-3618
TO: OUTDOOR WRITERS AND SPORTSCASTERS.
March-April 1970
Release at convenience.
Bob Delfay
ANTI-GUN FORCES
REVEAL TRUE MOTIVES
The anti-gun forces move more and more into the open and reveal
their true motives. From 1963 through 1968, they were saying, "We
don't want to do anything to hurt the sportsman." Now they are
introducing legislation to abolish private ownership of certain
firearms.
Rep. Abner Mikva, Chicago, recently introduced H. R. 16250 in
Congress which would, "Prohibit the importation, manufacture, sale,
purchase, transfer, receipt, or transportation of handguns, in any
manner affecting interstate or foreign commerce, except for or by
members of the Armed Forces, law enforcement officials, and, as
authorized by the Secretary of the Treasury, licensed importers,
manufacturers, dealers, and pistol clubs."
Reproduced at the Richard Nixon Presidential Library and Museum
NSSF-2
The anti-gun organizations, which recently flooded the mails
with requests for funds to start anti-gun clubs on college campuses,
have stated that their first strategy is to abolish handgun owner-
ship and then do the same for rifles and shotguns.
Even the Administration in Washington recently floated a trial
balloon to see what the reaction would be to a proposal to abolish
private ownership of handguns in the District of Columbia.
There are more than 20 million hunters and shooters in America.
They will not be fooled by the anti-gun faction's obvious moves.
These sportsmen know that if handguns go, so finally do rifles and
shotguns.
ANOTHER DROP IN HUNTING ACCIDENTS
New York is another state reporting a decrease in the number
of hunting accidents in 1969.
Hunting accidents in New York declined for the fourth year in
a row during 1969, according to a report issued by the N. Y.
Conservation Department.
There were eight fatal and 95 non-fatal accidents in 1969, a
decrease of 26 accidents from 1968.
H. R. 16005 WILL AID WILDLIFE
To provide additional funds for certain wildlife restoration
projects and other purposes, Congressmen John D. Dingell and
George A. Goodling have introduced a bill (H. R. 16005) that would
extend the present 10 per cent tax on handguns to archery equipment
and dedicate the proceeds to the Federal Aid in Wildlife Restoration
program.
Reproduced at the Richard Nixon Presidential Library and Museum
WHAT THE LAWMAKERS ARE DOING
and all club operations "must be con-
SENATORS MOVE TO EASE
ducted in conformity with Treasury reg-
ulations." Mikva said his bill would not
"specifically ban" private handgun own-
LAW ON SPORTING ARMS
ership. But he said it included a pro-
vision for surrendering handguns at
value or $25.
Change in shipping
in interstate commerce or in any way
In line with a claim of the violence
affecting interstate or foreign com-
rules asked; handgun
commission staff that spokesmen for
merce.
firearms owners have termed utterly
H.R. 16250 would except from its pro-
ban sought in House
mistaken and misleading, the Chicago
visions only law enforcement officers,
Congressman asserted: "There is little
military personnel, or "as authorized by
sporting or recreational use for hand-
By NRA STAFF
the Secretary of the Treasury, licensed
guns."
importers, manufacturers, dealers, and
Meanwhile the 14th bill to repeal the
W
HILE a group of Western and
pistol clubs." Mikva amplified: "The
1968 Gun Control Act entirely was in-
Southern Senators proposed a
only kinds of nongovernmental groups
troduced in the House by Rep. John O.
measure to ease Federal shipping re-
which can qualify for handgun licenses
Marsh, Jr. (7th Dist., Va.). This bill,
strictions on sporting arms and ammu-
are sporting and recreational pistol
H.R. 16122, was sent to the House Ju-
nition, an anti-gun Congressman from
clubs approved by the Secretary. To be
diciary Committee, where the 13 others
Chicago introduced a bill which would
approved, these pistol clubs must have
remain "pending." Chairman of this
virtually end much private handgun
no members who are themselves dis-
committee is Rep. Emanuel Celler (10th
ownership.
qualified from handgun ownership
Dist., N.Y.), a staunch supporter of
S. 3714, by Sen. Gale W. McGee
under Federal or State law
"
strict gun controls. H.R. 16122 would
(Wyo.), would permit Federal firearms
Further, the Congressman said, Fed-
scrap the entire 1968 act but would re-
licensees to make interstate shipments
erally-licensed pistol clubs would be re-
enact as law the Federal Firearms Act
of sporting guns and ammunition di-
quired under his bill to have "facilities
of 1938 with its provisions against own-
rectly to eligible non-licensees solely for
and procedures for storing the lub's
ership of firearms by undesirables.
their personal use. It would amend the
handguns when they are not being used
Two bills which would increase the
1968 Gun Control Act to that effect,
for sporting or recreational purposes"
legal severity of armed crime were in-
but would leave in force the present
troduced and referred to the House
ban on gun shipments to felons, drug
Judiciary Committee. These are H.R.
addicts, adjudged mental incompetents,
As
a special measure for the Dis-
15785, by Rep. John Melcher (2nd
fugitives and ineligible minors, The
trict of Columbia only, the
Treasury Department would define
White House has been considering
Dist., Mont.), which would impose a
"sporting arms."
a law that would ban handguns in
mandatory penalty for the commission
Sen. McGee said his bill was intended
the national capital.
of a Federal felony when armed, and
John D. Ehrlichman, chief adviser
H.R. 16067, by Rep. Daniel E. Button
to eliminate some of the provisions of
on domestic affairs to President
(29th Dist., N.Y.), which would make
the 1968 act "which have their most
Nixon, told newsmen that while it
the armed robbery of gasoline stations
serious impact" on law-abiding citizens
would be difficult to prohibit hand-
a Federal felony.
"who wish only to pursue legitimate
gun ownership on a State or na-
H.R. 16005, by Reps. John D. Din-
hobbies or sports."
tional basis, "the District of Colum-
gell (16th Dist., Mich.) and George A.
S. 3714 has as co-sponsors Senate Ma-
bia offers a manageable dimension
Goodling (19th Dist., Pa.), would im-
jority Leader Mike Mansfield (Mont.)
and we are nibbling at the outer
pose a manufacturers' excise tax on cer-
and Sens. Wallace F. Bennett (Utah),
edges of the idea."
A White House spokesman con-
tain kinds of archery gear and equip-
Bob Dole (Kans.), James O. Eastland
firmed for THE AMERICAN RIFLE-
ment. Proceeds would be deposited in
(Miss.), Paul J. Fannin (Ariz.), Frank
MAN that any handgun ban in Wash-
a special U.S. Treasury account in sup-
E. Moss (Utah), Ted Stevens (Alaska),
ington, D.C., would be directed "at
port of the purposes of Federal Aid in
Strom Thurmond (S.C.), and Ralph
the special, specific problem created
Wildlife Restoration Act of 1937. Re-
Yarborough (Tex.). It was referred to
by so-called Saturday Night Special
ferred to the House Committee on
the Senate Judiciary Committee, of
pistols in the District of Columbia,
Merchant Marine and Fisheries. Rep.
which Sen. Eastland is chairman. Hav-
an emergency situation that does
Goodling said the bill provides that pur-
ing the committee chairman as a co-
not even apply outside the District."
chasers of sporting archery equipment
sponsor was regarded in Washington as
The spokesman described Mr. Ehr-
contribute "to this excellent Federal aid
helping the chances of moving the bill
lichman and others at the White
out of committee and toward Senate
House as "alarmed" at the frequent
program" as do purchasers of sporting
action.
use of pistols in Washington in
firearms and ammunition at present.
Rep. Abner J. Mikva (2nd Dist., III.),
senseless crimes.
The Democratic Policy Council re-
While the spokesman confirmed
ported on Feb. 9, 1970 that "we need
a Chicagoan who has endorsed the anti-
that the White House has given con-
major efforts in strict gun control
handgun proposals of the National
sideration to recommendations of
legislation
Council Chairman is
Commission on the Causes and Preven-
the National Commission on the
former Vice President Hubert H.
tion of Violence, embodied much of the
Causes and Prevention of Violence,
Humphrey. Vice Chairmen are Senators
confiscation approach of this commis-
a Johnson-appointed body whose
Fred R. Harris (Okla.) and Edmund S.
sion's firearms staff in his H.R. 16250.
staff urged virtual confiscation of
Muskie (Maine)
This bill, introduced in March and re-
privately-owned handguns, Mr. Ehr-
ferred to the House Judiciary Com-
lichman was represented as declin-
ALASKA
mittee, would "prohibit the importation,
ing to accept a commission conclu-
manufacture, sale, purchase, transfer,
sion that handguns in themselves
Senate Bill 459, by Robert R. Blodgett,
are a direct cause of crime.
would prohibit the possession or discharge
receipt or transportation of handguns"
of a loaded firearm within one mile of
APRIL 1970
35
Reproduced at the Richard Nixon Presidential Library and Museum
either side of a primary system highway,
ship with a population of more than 4,000
and the possession of a loaded firearm in
persons. To Committee on Law Enforce-
a motor vehicle. To Committees on State
ment.
NRA Affiliated
Affairs, Resources and Judiciary.
KANSAS
CALIFORNIA
Senate Bill 565, by Committee on Con-
In Every State
Assembly Bill 639, by Floyd L. Wake-
servation, would permit residents to pur-
field, would prohibit persons convicted of
chase rifles and shotguns in contiguous
E
STABLISHMENT of the Delaware
states. Passed Senate. Referred to House
State Sportsmen's Association in
certain crimes, rather than any felony,
Committee on Natural Resources.
March was a historic milestone for
from possessing concealable firearms, and
the NRA.
would apply such prohibition to illegal
KENTUCKY
aliens, rather than all aliens. This measure
For the first time in its history,
also would provide that a driver's license
House Bill 391, by Peter D. Conn and
the NRA now has an NRA-affiliated
or identification card (provided for in the
others, would require that U.S. Internal
State Association in every U.S. State,
Vehicle Code) contain information with
Revenue Service Form 4473 for intrastate
plus Puerto Rico.
respect to a person's being prohibited from
and contiguous-State sales be sent by reg-
Representing the NRA at the Del-
possessing any firearm, and would impose
istered or certified mail within two work-
aware organizing meeting were
liability upon those who transfer a fire-
ing days after purchase of any firearm to
NRA Executive Director Fred M.
arm to such person. To Committee on
the chief law enforcement officer of the
Hakenjos, Wilmington, Del.; Field
Criminal Procedure.
local jurisdiction in which the purchaser
Representative John K. Lee, Jr., and
resides. To Committees on Business and
Charles E. Giesey, Acting Director
FLORIDA
State Government.
of the NRA Membership Division.
Pre-filed House Bill 3341, by J. K. Till-
House Bill 524, by E. Bruce Blythe,
Some 120 Delaware members of
man, would prohibit the discharge of fire-
would require a license for the ownership,
NRA participated, electing a 15-
arms on any public road, highway or street
possession, acquisition or purchase of any
man board of directors which in
rather than on any paved public road,
firearm or part of such firearm. To Com-
turn will elect State officers.
highway or street.
mittee on State Government.
A resolution was passed at the
IOWA
MICHIGAN
session expressing strong endorse-
ment of the NRA Junior Program
Senate Bill 1047, by Lee Gaudineer,
Senate Bill 1235, by Gordon Rock-
and indicating good support of it in
would make the State Commissioner of
well, would prohibit hunting with firearms
Delaware.
Public Safety, rather than the county
by persons under 17 and would permit
Key figures in the development of
sheriff, the issuing authority for a con-
persons under 12 to hunt without a license
the new association were Charles A.
cealed handgun permit; would revise the
while under the immediate supervision of
Thuet, acting secretary, and G. R.
method of issuing permits; and would im-
a licensed father or legal guardian. To
Lewis, acting chairman, working in
Committee on Conservation.
pose a ten-dollar fee for each permit. To
cooperation with Mr. Hakenjos.
Committee on Law Enforcement.
MISSISSIPPI
The March meeting resulted from
Senate Bill 1137, by Don S. McGill,
Senate Bill 2203, by Marion Smith and
an NRA Membership mailing to
would require that any hunter must receive
permission of the owner or occupant of
others, and House Bill 527, by J. Walter
Delaware's 2,500 NRA Members,
Brown, would prohibit the transportation
500 of whom have already joined
any occupied building or structure in
the new State association.
which animals are confined before dis-
of a loaded rifle or shotgun in a vehicle.
charging a firearm within 100 yds. of such
Senate bill to Committee on Judiciary B;
building or structure. Reported with an
House bill to Judiciary A.
Bill 5662, by Stavisky, would require a
additional provision to prohibit the dis-
NEW YORK
dealer in rifles and shotguns to be licensed.
charge of any shotgun over any public
Assembly Bill 2907, by John T. Gal-
Assembly Bill 5887, by John E. Kingston,
roadway.
lagher, would enable certain persons, res-
would exempt antique handguns from the
House File 1053, by Ed Skinner, would
idents, and non-residents to possess and
licensing provisions of the State law. All
permit county boards of supervisors to
transport firearms through the State. As-
to Committee on Codes.
regulate the use of firearms in any town-
sembly Bill 3225, by Edwyn E. Mason,
Assembly Bill 5086, by Glenn H. Har-
would exempt from provisions on unlaw-
ris and others, would extend the prohibi-
A
constitutional provision to guar-
ful possession firearms discovered as a
tion against carrying a loaded firearm in
antee the right to bear arms
result of use in self defense or protection
a motor vehicle to snowmobiles and snow-
will be placed before the State con-
of property. Assembly Bill 3981, by
travelers. To Committee on Conservation.
vention updating the 1870 Illinois
Emeel S. Betros, would prohibit the sale
Senate Bill 8249, Tarky Lombardi, Jr.,
Constitution.
of ammunition manufactured exclusively
would allow an executor or administrator
That was assured recently when
for use in a handgun. Assembly Bill 4434,
of an estate to possess firearms of the
the State Constitutional Bill-of-
by William R. Sears, would permit resi-
estate without regard to the State law for
Rights Committee voted 11-2 to
dents to purchase rifles and shotguns in
a period not exceeding 15 days. To Com-
submit to the convention an amend-
contiguous States. Assembly Bill 4459, by
mittee on Codes.
ment: "Subject only to the police
Leonard P. Stavisky, would require an
Assembly Bill 2341, by John H. Terry,
powers of the State, the right of the
I.D. card for the possession or ownership
is a concurrent resolution to provide for
individual citizen to bear arms shall
of a rifle or shotgun. Assembly Bill 4460,
a constitutional affirmation of the right of
not be infringed."
by Stavisky, would prohibit disposal of
the people to possess firearms for protec-
The proposal approved by the
ammunition to a person not holding a
tion and recreational purposes. To Com-
committee was one of several on the
handgun license or rifle-shotgun I.D. card,
mittee on Judiciary.
subject considered at a public meet-
and would require a dealer in ammunition
ing attended by two NRA Execu-
to be a licensed firearms dealer. Assembly
VIRGINIA
tive Committemen, Robert J. Kukla,
Bill 4461, by Stavisky, would establish a
House Bill 411, by Thomas W. Moss,
Park Ridge, Ill., and Wilbur L.
central registration bureau with the State
Jr., would authorize police officers to
Withrow, Springfield, Ill. Kukla
Police for rifles and shotguns. Assembly
stop, question and search suspicious per-
spoke for the Illinois State Rifle
Bill 4462, by Stavisky, would make the
sons for weapons. To Committee on
Association, Inc.
Superintendent of State Police the firearms
Courts of Justice.
Illinois is one of 15, States whose
licensing officer outside of New York City
House Bill 1026, by Charles W. Gunn,
Constitutions contain no right-to-
and Nassau County. Assembly Bill 4724,
Jr., would make hunters liable for damage
bear-arms clause.
by Stephen C. Hansen, would revise the
caused to property. To Committee on
existing State firearms laws. Assembly
Conservation.
36
THE AMERICAN RIFLEMAN
Reproduced at the Richard Nixon Presidential Library and Museum
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
August 19, 1969
TO:
BUD KROGH
FROM:
EDWARD L. MORGAN
4
SUBJECT: Firearms and Federal Criminal Law
Thought this particular Section might be of interest to you.
Reproduced at the Richard Nixon Presidential Library and Museum
Comm. Doc. No. 61
(Zimring, Schwartz)
NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS
FIREARMS AND
FEDERAL CRIMINAL
LAW
PRELIMINARY STUDY
July 28, 1969
I. Introductory Memorandum from Louis B. Schwartz
II. Consultant's Report by Professor Frank Zimring,
University of Chicago Law School
III. Appendix: Gun Control Act of 1968
DETERMINED TO BE AN
ADMINISTRATIVE MARKING
E.O. 12065, Section 6-102
By m/s NARS, Date 10/23/79
THIS DRAFT IS PRIVATE AND CONFIDENTIAL. IT HAS NOT BEEN APPROVED
BY THE COMMISSION. PUBLIC DISCLOSURE IS PROHIBITED
Reproduced at the Richard Nixon Presidential Library and Museum
NATIONAL COMMISSION ON REFORM
OF FEDERAL CRIMINAL LAWS
MEMORANDUM
July 28, 1969
TO: Commission and Advisory Committee
FROM: Louis B. Schwartz
Director
Re:
Firearms and the Federal Criminal Law
(Consultant's Report of Professor Frank Zimring,
University of Chicago Law School)
Transmitted herewith are Professor Zimring's report
and a copy of the recently published Staff Report of the
Violence Commission which summarizes available knowledge
on the relation between guns and crime. Choice of legis-
lative goals in this field and allocation of responsibility
between the federal and state governments are difficult,
controversial questions. As in the case of the sentencing
system and the narcotics law, we believe it appropriate to
submit a factual review and a range of policy choices before
endeavoring to draft specific provisions. The major issues
presented are as follows:
1. Should the federal government adopt the goal of
drastically reducing the number of privately possessed
handguns in this country? Should license to have a non-
sporting gun be restricted to those who can show a special
need, or in contrast should such a weapon be available to
any person "of good character" or who is not within speci-
fied categories, e.g., felons, minors, persons under indict-
ment, mentally ill, illegal alien residents, dishonorably
discharged veterans?
2. Should the federal role be essentially auxiliary
to state efforts in this field? If so, the federal offenses
would be trafficking into a state in violation of its gun
controls (dealers being federally licensed); selling to a
non-resident; and the like. If not, the federal offenses
might extend to sale to or possession by improper persons.
At the outermost, this would make it a federal offense to
possess a gun without a federal license, issuable only for
Reproduced at the Richard Nixon Presidential Library and Museum
- 2 -
demonstrated need. Note the relation between such a
program and enforcement considerations: illegal pos-
session typically comes to light in the course of
ordinary police patrol, street searches, etc.
3. In what way should the 1968 federal legislation
providing mandatory minima where firearms are used or
carried in the course of a federal felony be fitted into
the new Code? The Consultant's Report suggests that our
general sentencing scheme requires no special adaptation
in this regard since the upper reaches of our felony sen-
tences provide adequate deterrence for armed felonies.
Another possible position might be to modify proposed
Sections 303.01 (d) and 303.02 (b) in our sentencing
chapters (Comm. Doc. No. 25) SO that a gun would auto-
matically justify imposition of a minimum and fixing of
a long maximum prison term.
4. Assuming continuance of existing federal penal
suppression of civilian access to machine guns, sawed off
shotguns, silencers, etc., can we dispense with the regis-
tration and tax facade, relying for jurisdictional basis
on more generalized need for national regulation because
of danger to public figures and civil rights, intermingling
of local and interstate commerce, and increased danger of
commission of other serious federal offenses, e.g., bank
robbery?
5. Should It be a federal offense to provide a fire-
arm to one who intends to use it in committing a state
offense? Cf. 18 USC 924(b) (Gun Control Act of 1968).
Note that providing a weapon to commit a federal offense
would make the provider guilty either as an accomplice or
of criminal "facilitation" under the general provisions
of the new Code. It is hard to see why the facilitator
of a state offense should be subject to federal prosecu-
tion when the armed principal is not.
6. Should our Code include a "local" gun law for the
District of Columbia or other federal enclaves? See Con-
sultant's Report, p. 17. A sharply restricted "need"
Reproduced at the Richard Nixon Presidential Library and Museum
- 3 ---
licensing law might be appropriate for the District of
Columbia and serve as a model for the states. On the
other hand, the ease with which guns can be brought into
the District from states with loose regulation might
render the legislation unenforceable, absent tight feder-
al controls, perhaps with a tendency to disarm only the
law-abiding. Notwithstanding some astonishing statistics
indicating that guns defensively possessed by the law-
abiding constitute a greater mortal threat to them than
a protection from violence, people seem willing and even
eager to provide themselves with this dangerous kind of
"security".
We strongly urge members of the Commission and Advisory
Committee to write us soon indicating any strongly-held
views on the above questions. With the help of such
written comments, we may be able to narrow the alternatives
before you at the next meeting.
Reproduced at the Richard Nixon Presidential Library and Museum
CONSULTANT'S REPORT
ON
FIREARMS AND FEDERAL CRIMINAL LAW
Professor Frank Zimring
Consultant
University of Chicago
Law School
July 2, 1969
Reproduced at the Richard Nixon Presidential Library and Museum
FIREARMS AND FEDERAL CRIMINAL LAW
Table of Contents
Page
Introduction
1
I. The Federal Role in Firearms Regulation
2
A. Federal Firearms Control Laws 1927-1969
2
B. Where Do We Go From Here?
9
C. Federal Laws on the Place and Manner
of Firearms Use
14
D. Federal Firearms Controls and Fed-
erally Controlled Areas
17
II. Gun Use in Federal Crime
19
A. Present Federal Policy: 18 U.S.C. §924
19
B. Assault
27
C. Robbery
31
D. Homicide and Kidnapping
36
Reproduced at the Richard Nixon Presidential Library and Museum
FIREARMS AND FEDERAL CRIMINAL LAW
The most basic distinction in any discussion of
present or proposed federal criminal laws dealing with
firearms is between (I) the questions raised by conduct
that might be prohibited by federal law only because guns
are involved and (II) the cluster of issues that involve
gun use in conduct that would be considered criminal if
guns were not used. Laws and proposals covered in the
first category are those that attempt specifically to
deal with the possession, manufacture, sale, or carrying
of guns as an area deserving regulation. This category
of laws can be considered "regulatory" only in the sense
that federal narcotics laws, as well as the pure food and
drug laws, are considered in the category of regulation,
because the conduct prohibited by drug and gun controls
is considered to be seriously antisocial and the punish-
ments that accompany conviction for regulatory offenses
in this area may, accordingly, be severe. Crimes in the
second category include all federal crimes of violence.
Reproduced at the Richard Nixon Presidential Library and Museum
2
I. The Federal Role in Firearms Regulation
A. Federal Firearms Control Laws 1927-1969
Federal regulation of firearms has been the subject
of Congressional action on five occasions over the past
five
1
forty years. In 1927 Congress closed the mail to handguns.
Seven years later the National Firearms Act of 1934 imposed
a fairly comprehensive federal regulation of machine guns,
short-barreled or sawed-off rifles and shotguns, silencers,
and other unconventional concealable firearms. 2 That law
imposed a heavy tax on the transfer of most such weapons
and an occupational tax on the manufacturers, importers
and dealers of weapons covered by the act. All manufac-
turers, importers and dealers were required to register
under this act, as were all people who acquired covered
weapons, unless their acquisition met with the other require-
ments of the act, which meant that they would have to pay
the transfer tax. In 1968, in Haines V. United States, 3 the
Supreme Court ruled that the Fifth Amendment privilege
against self-incrimination invalidated prosecution for
failure to register or for possession of an unregistered
gun under the National Firearms Act of 1934 because the
registration provision compelled an individual to incriminate
1
18 U.S.C. §1715 (1967).
2
72 Stat. 1428
3
390 U.S. 86 (1968)
Reproduced at the Richard Nixon Presidential Library and Museum
3
himself by admitting unlawful possession. Later in
1968, the 1934 act was amended to provide that informa-
tion submitted in registrations could not be used in
any prosecution against the registrant and the act's
coverage was extended to require that everyone, not just
the illegal possessor, is required to register covered
4
firearms.
The number of firearms in civilian hands in the
United States covered by the National Firearms Act of
1934 is quite small; in some measure this is a tribute
to the success of that law in taking machine guns out
of general circulation and probably reducing the produc-
tion of short-barreled and sawed-off shotguns and rifles.
The Federal Firearms Act of 1938 5 covered all fire-
arms but superimposed only a thin veneer of federal
regulation on the sale and possession of firearms in
the United States. As enacted in 1938, this law required
firearms manufacturers, importers and dealers to obtain
a federal license before shipping firearms in interstate
commerce. The annual fee for such license was $25 for
manufacturers and importers and $1 for dealers. Additional
provisions barred dealers and manufacturers from knowingly
shipping a firearm in interstate commerce to a felon,
fugitive from justice, person under indictment, or anyone
4
82 Stat. 1227.
5
52 Stat. 1250 (1938), repealed, 82 Stat. 234 (1968).
Reproduced at the Richard Nixon Presidential Library and Museum
4
not having a license to purchase a particular form of
firearm, if such a license was required by local law.
Felons and others who were considered prohibited classes
were also forbidden from shipping or receiving the
firearms that were or had been in interstate commerce.
The act also prohibited knowingly shipping or receiving
in interstate commerce any stolen firearms, or any
firearms with altered serial numbers. In addition,
licensed dealers under the Federal Firearms Act were
required to maintain permanent records of firearms
received and sold.
For thirty years this was the master plan of federal
regulation of firearms in the civilian market. By almost
any criterion, the act was a dismal failure. Only a
minority of the states have laws requiring firearm licenses,
so that the attempt to use federal standards to strengthen
state regulation could only be, even in theory and with
maximum enforcement, a partial success. 6 Even where
local
law required licenses for firearm purchases, any person
who paid $1 for a federal firearm dealer's license could
be shipped a firearm without regard to such a state law.
Even more important, the requirement that criminal liabil-
ity under the statute should be based on the knowing
shipment of a firearm to a prohibited person was not
6
See Newton and Zimring, Firearms and Violence
in American Life (1969), at ch. 14.
Reproduced at the Richard Nixon Presidential Library and Museum
5
accompanied by a duty to inquire SO that the effect of
the law dissolved in its own mens rea requirement.
The only provision in the Federal Firearms Act of
1938 that was drafted in a manner that could have provided
for effective regulation--the requirement that dealers
keep records on firearms received and sold--also proved
less than an unqualified success. Most records were
sloppy, rarely used, and with respect to firearms such
as 22-caliber weapons, for which serial numbers did not
have to be provided, of no use in the detection of
crime. In 1957 the Treasury Department dropped its
7
requirement that records be kept on ammunition sales.
In 1968, Congress passed two major pieces of fire-
arm legislation. The first installment of recent Con-
gressional firearms control law was a section of the
8
Omnibus Crime Control and Safe Streets Act of 1968,
which provided that the receipt, possession, transporta-
tion in commerce, "or affecting commerce, of firearms
other than shotguns and rifles by "felons, veterans who
are other than honorably discharged, mental incompetents,
aliens who are illegally in the country, and former citi-
zens who have renounced their citizenship" is a federal
9
crime.
7
23 F.R. 343 (Jan. 18, 1958).
8
82 Stat. 236-37
9
Ibid.
Reproduced at the Richard Nixon Presidential Library and Museum
6
10
In October of 1968, the Gun Control Act of 1968
was passed, revising the Omnibus Crime Bill firearms
provision to extend the coverage of federal regulations
to all firearms and further providing that no person
except licensed federal dealers could ship, transport,
or receive any firearm or ammunition in interstate
commerce. Other provisions of this new law include a
tightening of the standards and a raising of the fees
for federal firearm licenses, a provision that federal
firearm licensees may not sell rifles or shotguns or
ammunition therefor to anyone they know or have reason
to believe is under 18, or handguns or ammunition there-
for to anyone under 21, the requirement that all firearms
must have serial numbers, and a ban on the sale of fire-
arms to any person who the seller knows or has reason
to believe is a non-resident of the state in which the
sale is taking place.
In addition to these and other regulations dealing
principally with the transfer of firearms from one owner
to another and a ban on "destructive devices, " the act
contains a ban on the import of firearms unless the fire-
arms are, to the satisfaction of the Secretary of the
Treasury, "particularly suitable for O. readily adaptable
to sporting purposes, " a ban on the importation of surplus
10
82 Stat. 1213.
Reproduced at the Richard Nixon Presidential Library and Museum
7
military weapons, and criminal penalties for the posses-
sion, receipt, or transfer of a firearm when the trans-
feree intends to use it in crime.
Proposals for a national system of firearms regula-
tion or firearms ownership licensing, or to establish
minimum standards of licensing and regulation to be imposed
on state governments have been discussed in the last few
years but have not been enacted.
The present complex of federal regulations would
appear to have three objectives. With respect to machine
guns and other "destructive devices, " the federal role in
the regulation of such weapons is primary, the objective
is to remove such weapons from the civilian market, and
efforts toward that objective seem to have been successful.
The theory behind the ban on interstate shipment of
weapons and sales of firearms to non-residents is that
of federal control as a support to state regulation. For
many years, interstate movement of firearms has frustrated
state efforts to enact rigorous systems of firearms control.
In Massachusetts, where restrictive handgun licensing has
been been in effect for many years, a study showed that
87% of the firearms confiscated as a result of use in
crime came from other states, and similar studies by the
Task Force on Firearms of the National Violence Commission
show a similar pattern to be true in New York City, with
restrictive handgun licensing, and Detroit, Michigan,
Reproduced at the Richard Nixon Presidential Library and Museum
8
with a permissive handgun licensing system and a geographic
11
vulnerability to the inflow of weapons from Toledo, Ohio.
Because purchasers can easily misrepresent their residence,
present federal provisions are far from "leak-proof. 11
But if enforcement efforts are sufficiently energetic,
this new pattern of federal laws may have some depressant
effect on the movement of firearms in interstate commerce.
The provisions banning certain classes from gun
ownership are (a) an attempt to bolster local licensing
requirements with the threat of federal penalties for
illegal receipt or possession of firearms that have been
in interstate commerce and (b) an independent federal
effort to ban the possession of firearms by particular
classes. Because present federal law does not affect
the number of most firearms in civilian hands or the
generally easy accessibility of firearms, these provisions,
in order to succeed in restricting rates of possession
of firearms in the classes covered, must do so as a
result of the deterrent effect of the law influencing
decisions about gun ownership by felons and other subject
groups.
11
Newton and Zimring, op. cit. supra, at ch. 14.
Reproduced at the Richard Nixon Presidential Library and Museum
9
B. Where Do We Go From Here?
The mix of motives and strategies apparent in the
present federal regulatory scheme might be thought of as
miserable or optimal, well thought-out, or the arbitrary
product of the clashing of pressure groups over the years.
Defining an appropriate federal role in firearms control
requires a determination of what type of firearms control
is desirable and a decision about what part the federal
government, as only one of a number of responsible gov-
ernment entities, should play in the process of reducing
firearm violence.
The Task Force on Firearms of the National Violence
Commission, in a document submitted to its parent agency,
has advocated that the most certain and most substantial
diminution of firearm violence in the United States would
be produced by a system that substantially reduced the
number of handguns in civilian hands, defining the term
"substantially" as a reduction of 90% or more of the
estimated 24 million handguns privately owned by American
12
citizens.
The mechanism recommended to achieve this
goal is a system of restrictive handgun licensing. This
position was the product of several of the Task Force's
conclusions: (1) firearms make a substantial contribution
to the cost of violence in the United States, (2) handguns
play a disproportionate role in firearm violence, (3)
handguns are but a small part of the sporting use of
12
Newton and Zimring, op. cit. supra, Recommendations
Reproduced at the Richard Nixon Presidential Library and Museum
10
firearms in the United States, and (4) if handguns were
controlled, we have reason to believe that long guns would
not become anywhere near the social threat that handguns
now constitute.
This proposal is one of many that involve governmental
efforts to screen all prospective gun owners. Other pro-
posed systems would allow all but a few disqualified groups
to own guns but would impose license requirements for all
owners. Any proposal to screen gun ownership raises the
issue of what part the federal government should assume in
this type of firearms control.
One alternative answer to this question is that the
federal government should do nothing. State and local
governments, under the traditionally local police power
in the United States, have the primary responsibility for
making decisions about the impact of firearms on violence
and about appropriate countermeasures. The problem with
this position is that firearms are seen by many as a
national problem appropriate for a national solution.
Further, the interstate leakage of firearms is SO great
that complete federal inaction would lead to substantial
frustration of any state and local firearms control efforts.
A second possible federal role in firearms control
is illustrated by the "backstop" efforts that underlie the
ban on interstate firearms shipments and firearms sales
to non-residents. This, it could be argued, will discharge
Reproduced at the Richard Nixon Presidential Library and Museum
11
the federal government's primary responsibility in the
area of firearms control--suppressing interstate movements
of firearms SO that the state and local governments charged
with the primary responsibility of diminishing firearm
violence can better enforce whatever systems of control
they deem appropriate. A national firearms record center,
existing without a national registration law, would be
another type of backstop control.
One problem with the backstop approach is that, as
long as some states permit large accumulations of handguns,
it may be impossible to prevent the interstate leakage of
firearms into states with more rigid control systems, no
matter what practices are proscribed by the Federal Criminal
Code. Thus a system of national licensing may be the only
method of achieving the goals of backstop regulations. A
second problem with assigning the federal government an
exclusively secondary role in firearms regulation is that
the national government may be unwilling to tolerate levels
of firearmsviolence and firearm possession that particular
state governments would allow.
A third alternative would be the establishment of
minimum national standards that would allow the states a
first option of implementing these standards through ade-
quate state and local firearms control laws. Under this
approach, if a state failed to enact legislation meeting
these standards after a grace period, a federally enforced
Reproduced at the Richard Nixon Presidential Library and Museum
12
system of firearms regulation would be substituted.
A fourth alternative is a national system of firearms
regulation where the federal government has the primary
responsibility of administering, as well as establishing,
standards for firearms control. Opponents of this alter-
native maintain that such a policy would generate an
unpleasantly large federal role in local law enforcement
and might precipitate the advent of a major national
police force.
Choosing among these alternatives is a matter of
values and priorities. My own inclination is toward mini-
mum national standards, with administrative responsibility
vested in those states that write laws complying with the
federal guidelines. Whatever one's preference, there is
little doubt that any of the above possible federal roles
are within the power of Congress in this area, because
firearms possession constitutes a threat to the safety
of the President of the United States and other federal
officers and elected officials, and firearms possession
policies can be viewed as an influence on interstate
travel. However, the fact that the potential in this
area extends all the way to a fully federalized system
of standards and administration does not perforce mean
it would be desirable to test this extreme.
Reproduced at the Richard Nixon Presidential Library and Museum
13
Penalties for Gun Law Violations
Present federal firearms laws regulations provide penalties
on the order of Class C felonies under the proposed
Federal Criminal Code. This penalty structure is
probably too high, given the thrust of the Code's
other sentencing reforms. Moreover, if the federal
government were to take a larger role in firearm
regulation, a high penalty structure would probably
impede enforcement as much as the extra measure of
punishment might deter those who would otherwise violate
the law.
At the same time, guns are a specially dangerous
class of instruments, and gun regulation is very close
to traditional concerns in crime control. On balance,
it would seem wise to make unlawful possession of
guns under federal law a Class A misdemeanor, and
trafficking offenses, when they involve a number of
guns, should retain felony status. Because of the
proximity of gun control to traditional crime, Title 18
would seem an appropriate placement for any fully
federalized gun regulation. However, if federal standards
and state regulation are to be mixed, placement in
Title 18 would seem rather awkward.
Reproduced at the Richard Nixon Presidential Library and Museum
14
C. Federal Laws on the Place and Manner of Firearms Use
Many localities in the United States attempt to
reduce firearm violence by restricting the place and
manner in which firearms may be used with or without
additional restrictions on possession of firearms or
particular types of firearms. Thus, it is common to
encounter laws prohibiting the carrying of a firearm
in a motor vehicle or the carrying of concealable fire-
arms on the person, and many laws prohibit the discharge
13
of a gun in specified areas.
The Model Penal Code
provides a slight twist on the conventional pattern by
distinguishing between sporting firearms and other fire-
arms and presuming all other firearms to be "instruments
of crime" unless the gun is possessed in the actor's home
or place of business, or the actor is licensed or other-
wise authorized to carry the weapon in the manner it was
14
carried when the actor was apprehended.
The intention of most "place and manner" laws is
to reduce firearms violence by restricting the number of
situations in which a firearm carried on the person or
in a motor vehicle will be used in either impulsive or
planned criminal activity. By implication, the Model
Penal Code goes a step further than the standard "place
13
See Newton and Zimring, Firearms and Violence in
American Life (1969), at ch. 13.
14
American Law Institute, Model Penal Code, $5.06.
Reproduced at the Richard Nixon Presidential Library and Museum
15
and manner" laws by presuming a specific criminal purpose
to the possession of certain firearms and by categorizing
its particular place and manner regulation under the
article dealing with "inchoate crimes. "
This classification might indicate an assumption
on the part of the draftsmen of that law that the illegal
carrying of a firearm is generally accompanied by an
intention to commit a crime of violence with that firearm.
As a matter of statistical probability, this assumption
is grossly incorrect but ingenious. In many areas, even
where the carrying of a firearm on one's person or in a
motor vehicle is illegal, local custom promotes the
carrying of guns for defensive purposes, real or imaginary,
and this is generally done without the person forming a
specific intention of violating any law other than the
law against carrying a firearm. The theory is ingenious,
however, because it points up the risk of the presence
of a mobile firearm in a tense situation leading to
violent crime that would not otherwise occur.
Of all the roles federal law might play in firearms
control, nationwide regulation based on laws against
carrying firearms is the least appropriate. Laws regu-
lating the place and manner in which firearms may be
carried can be enforced only by street contacts with
individuals and are thus more intimately related with
Reproduced at the Richard Nixon Presidential Library and Museum
16
general police functions than any other kind of firearms
regulation, because it is the ordinary policeman on the
beat rather than any special enforcement official who
is the first line of defense in the enforcement of such
laws.
In areas where the federal government has primary
responsibility for criminal law enforcement, laws pro-
hibiting the carrying of weapons without a conspicuously
lawful purpose are appropriate and will assist the police
by empowering arrests earlier in the scenario of crime
than would otherwise be the case and by providing a
means of taking a substantial number of firearms, when
discovered, out of circulation. As a matter of theoretical
nicety, it is my view that the risk-generating charac-
teristics of this behavior, rather than its presumed
relationship to specific criminal intent, justify its
criminalization.
Reproduced at the Richard Nixon Presidential Library and Museum
17
D. Federal Firearms Controls and Federally Controlled Areas
The appropriate role of the federal government in
firearms regulation nationally is a large and contro-
versial question. Appropriate measures of federal fire-
arms control in those areas where the federal government
has a primary policing responsibility is a smaller ques-
tion, a separate question, but to some extent related
to the conclusions one reaches about the desirability of
national firearms control. Where primary federal juris-
diction is exercised over large or isolated geographical
areas, such as the District of Columbia or federal terri-
tories, federal laws aimed at direct regulation of firearms
possession are appropriate, independent of nationwide
federal gun control. In areas where the United States,
has a primary law-making responsibility but local agencies
are in charge of law enforcement, the federal role can
probably best rest in the creation of minimum standards
to be administered by local authorities.
In federal enclaves, themselves geographically insig-
nificant, that are set apart from state jurisdiction
because of federal ownership, regulation of firearms
possession, in the absence of a nationwide control system,
might be appropriate but could easily be frustrated by
state policies inconsistent with the federal possession
restriction. If firearms are easily available just outside
Reproduced at the Richard Nixon Presidential Library and Museum
18
federal enclaves, no legal provision can make it
physically more difficult for individuals to obtain
firearms. Requiring special federal firearm licenses
in this situation can only be defended if the enclave
is the residence of a significant number of people and
the exercise of federal authority in that enclave can
be extended in a way that would allow inspection of
individuals to determine whether they possess firearms.
If this type of policing is not available, laws prohibit-
ing the carrying of firearms would have the same effective-
ness in the federal enclaves as any possession laws.
Reproduced at the Richard Nixon Presidential Library and Museum
19
II. Gun Use in Federal Crime
A. Present Federal Policy: 18 U.S.C. §924
The only federal law that distinguishes firearms
use in federal crimes is 18 U.S.C. §924, passed in 1968
as part of the Gun Control Act of 1968. Section 924 (c)
provides:
Whoever
(1) uses a firearm to commit any felony which
may be prosecuted in a court of the United States, or
(2) carries a firearm unlawfully during the
commission of any felony which may be prosecuted
in a court of the United States,
shall be sentenced to a term of imprisonment for not
less than one year nor more than 10 years. In the
case of his second or subsequent conviction under this
section, such person shall be sentenced to a term of
imprisonment for not less than five years nor more than
25 years, and, notwithstanding any other provision of
law, the court shall not suspend the sentence of such
person or give him a probationary sentence.
The two situations covered in (c) should be considered
separately. (1) provides separate sentencing provisions
when an individual "uses a firearm" to commit a federal
felony. With the possible but unlikely exception of using
a firearm to violate a federal firearms regulation, such
as illegal shipment or possession of a gun, 1 the scope
of this provision would seem confined to federal crimes
of force, principally assault, robbery, and kidnapping,
1
See, e.g., 18 U.S.C. §922.
Reproduced at the Richard Nixon Presidential Library and Museum
20
where guns play an active role in criminal conduct.
The impact of this law on the sentencing of first
offenders guilty of federal crimes of violence committed
with firearms would be minimal if sentences imposed under
§ 924 (c) (1) are concurrent. 2 First offenders, under $924,
remain eligible for suspended sentences and probation.
The range of imprisonment options provided for first
offenders is the same as those provided in 18 U.S.C. 2231
(assaulting or resisting a federal officer), 18 U.S.C. 112
(assaulting diplomatic personnel), while penalties provided
for bank robbery, kidnapping and mail robbery far exceed
those in §924.
The second-offender provisions of §924 may also fail
to play an important role in sentence determination. Second
offenders under § 924 (c) (1) must be sentenced to a minimum
five years and cannot receive suspended sentences or proba-
tion, under one reading of the provision. It is possible,
however, to construe the mandatory provisions of § 924 (c)
as separate in effect and thus conclude that the total
sentence imposed on a second offender cannot be suspended
but that terms of actual imprisonment less than the five-year
minimum are not prohibited. This construction would not
be popular with most of the members of Congress who voted
2
See $303.05 (a) in the Low draft of sentencing chapters.
Reproduced at the Richard Nixon Presidential Library and Museum
21
3
for $924.
Independent of such a construction, the ban on
probation and suspended sentences may not be significant
because this type of sentence is probably a rare occur-
rence when a person is convicted of a second federal crime
of violence. Even the five-year minimum may be a fairly
standard restatement of federal sentencing practice with
respect to second-time violent offenders.
Moreover, no discussion of (1) would be complete
without speculating about the effect that plea-bargaining
and other prosecutorial practices may have on the use of
the separate provision when individuals can be charged
with both an independent federal felony and a violation
of §924 (c) (1). As a matter of convenience and policy,
prosecutors may proceed on the independent federal felony
and drop the §924 charge in the way they are reputed to
drop federal firearms charges when the same activities
that led to a federal firearms charge also produce a con-
viction for a serious offense in a state court. Even if
such unilateral charge-dropping is not a standard practice,
it may be that the possibility of prosecution under §924
will function chiefly as additional leverage to help induce
guilty pleas to federal crimes of violence in exchange
3
The second-offender provisions originated in the
House version of the bill, where the language applied
to all convictions, and the tone of discussion clearly
indicated that most proponents of the bill thought the
full minimum sentence was to be mandatory.
Reproduced at the Richard Nixon Presidential Library and Museum
22
for non-prosecution under §924 (c) (1)
Section 924 (c) (2) makes it a federal offense if an
individual "carries a firearm unlawfully" during the
commission of a federal felony. The distinction between
this and (1) is that (1) requires that the gun play some
instrumental role in the commission of the federal felony,
thus restricting its scope to crimes where force is used,
while (2) speaks only of the coincidence of an unlawfully
carried firearm and the commission of a crime, at the same
time, chargeable to the same person. The firearm would
be "unlawfully carried" under federal law if the individual
is carrying the firearm in violation of local law. In
addition, persons who cannot legally receive weapons
(§922 (h)) and persons who had received the firearm in
interstate commerce with the intention of committing any
offense (§924(b)) would be independently liable for a
violation of 924(c) (2) if it is determined that unlawful
receipt makes any subsequent "carrying" unlawful regardless
of state law, a construction that is unlikely and that
would be unfortunate.
Section 924 (c) (2) barks much more ferociously than
it bites. In order to establish that an individual carried
a firearm in a situation where he did not use it, one has
to catch him in the act or find a witness who observed him
during the commission of the crime. Personal observations
likely to produce reliable reports of the carrying of a
Reproduced at the Richard Nixon Presidential Library and Museum
23
firearm are not common in crimes of stealth, such as
larceny, car theft, interstate shipment of stolen cars,
or burglary. Most apprehensions under (2) would occur
when an individual is apprehended while committing a
crime of long duration, such as unlawful flight, and is
found to be carrying a gun.
The fact that a first offense under (2) carries no
bar to probation or suspended sentence means that the
minimum penalty provisions become significant when an
individual is in the unfortunate position of being
caught twice in the act of committing a crime for which
a firearm is not used or required but nonetheless
possesses such a firearm.
Section 924 (c) (2) is an attempt to dissuade criminals
such as burglars from carrying guns that are not ordinarily
used in their crimes but that might make an apprehended
burglar more dangerous to his victim or to law enforcement
officers. The purpose of such a provision is honorable--
to lessen the risk of gun use escalating the danger in
apprehending federal criminals, 4 but the prospects of
achieving deterrent effectiveness with the law seem less
than bright.
4
Ninety-six percent of all policemen murdered on
duty are killed by gunshot wounds.
Reproduced at the Richard Nixon Presidential Library and Museum
24
Moreover, if we assume that judges would, even
without §924, consider the possession and use of firearms
as aggravating circumstances in the commission of crimes,
the relevant question becomes whether these provisions
operate as more efficient deterrents to gun use in crime
than the use of gun criteria on a more informal basis
5
by sentencing courts.
On this question no reliable
data are presently available, but there is little reason
to express high hopes.
Laws on the order of 18 U.S.C. 924(c) can produce
costs. Such laws may add inflexibility to a sentencing
structure and complicate the structure of the Federal
Criminal Code by creating interplay with other federal
criminal provisions and local law. More important, such
laws may generate unwarranted feelings that this approach
is likely to reduce firearm violence. It is when such
5
A second possible function of §924 (c) (2) is to
make evidence of possession of firearms admissible under
circumstances where it may not be admissible because it
has no bearing on the material elements of a crime where
a firearm was not used. It is easy to conjure hypothetical
situations where this issue was raised but difficult to
imagine situations where the existence of a gun could not
be brought to the attention of the court.
Reproduced at the Richard Nixon Presidential Library and Museum
provisions are viewed as alternatives to regulation
of firearm possession that they appear to be most
costly. If sterner measures along the lines of §924 (c)
were adopted, the costs of the policy would be much
higher. It could also be argued that the possibility
of achieving a deterrent effect would be increased.
6
Thus, the prospect of larger mandatory sentences
and barriers to probation on first offenses raises
questions about the potential of deterring gun crime
more clearly than present federal law in this area.
However, a discussion of this issue must be framed
more specifically than the terms of §924(c). We must
6
In 1968 Rep. Casey of Texas introduced an amendment
making gun use in state felonies a federal crime. The
House version of the Gun Control Act of 1968 barred
suspended sentences or probation for first offenses
with minimum one-year terms. Other members of Congress
have indicated support for even longer minimum terms.
Reproduced at the Richard Nixon Presidential Library and Museum
26
talk about deterring gun use in various specific crimes
rather than "crime, " the all-inclusive referent of
present federal law. 7 And we must do SO with more care
than did many of the participants in past Congressional
debates.
7 See Zimring and Hawkins, Deterrence and Marginal
Groups, Journal of Research in Crime and Delinquency,
100 (July 1968).
Reproduced at the Richard Nixon Presidential Library and Museum
B. Assault
Assault is a crime where the attack is the essence
of the offense. In assault, both the extent of injury
intended by the attacker and the instrument used in the
attack may be significant in determining the degree of
crime committed or the proper sentence to be imposed upon
conviction.
If we distinguish between serious bodily harm and
less serious injuries, and between assaults without
weapons, assaults with weapons other than guns and assaults
with guns, we produce a matrix with six kinds of assault.
Intent
Weapon
*
No Weapon
Deadly Weapon
Firearm
Nonserious
Injury
Serious
Injury
*
other than firearm
Analyzing the matrix, we have anywhere from one to six
distinct crimes.
How many
grades of assault should the law
define?
The basis for distinguishing between assaults that
result in serious bodily harm and those that do not is
that the former category presents a much more serious
social danger. In fact, what evidence exists suggests
Reproduced at the Richard Nixon Presidential Library and Museum
28
that there may be a greater difference in quality of
attack between simple and aggravated assault than exists
between aggravated assault that produces serious bodily
8
harm and most homicide.
Distinguishing further between
attacks on the basis of the weapon used in aggravated
assault can be defended (a) because choice of weapon has
probative value in determining an attacker's intent and
(b) because attacks with deadly weapons are much more
likely, independent of intent, to cause death or serious
injury than attacks with only personal force, and attacks
with guns are more likely to cause death than attacks
with other deadly weapons.
If we consider the weapen used only because choice
of weapon has probative value in determining the attacker's
intent, distinguishing between categories of assault
on the basis of the magnitude of the injury intended
while making separate distinctions in grade of crime
based on weapon used appears to be redundant. To the
extent that weapon choice is probative of intent, it
is evidence of aggravated rather than simple assault,
and perhaps evidence of sufficient magnitude to justify
a conclusive presumption or classification of aggravated
assault whenever deadly weapons are used. (See proposed 209.5.)
8
See Zimring, Is Gun Control Likely to Reduce.
Violent Killings, 35 U. Chi. L. Rev. 721 (1968).
Reproduced at the Richard Nixon Presidential Library and Museum
29
An independent basis for separate treatment of
attacks based on weapons used is that the use of weapons
rather than personal force and the use of firearms rather
than other deadly weapons create an increased risk of
victim death or serious injury that appears to function
independently of an attacker's intent. For example,
what data we have suggest that the same kinds of people
in the same kinds of situation are five times as likely
to cause death when they use firearms as when they use
9
knives.
If this is the basis for distinguishing grades of
assault as a result of weapons used, the principal aim
of any such distinction is "differential deterrence, "
an attempt to increase the use of less lethal means of
attack by those who are undeterred by the general legal
prohibition of assault by threatening gun assault more
severely than other assaults. By definition, the audience
of such a threat is a self-selected group of offenders
that has already displayed a rather remarkable immunity
to the deterrent force of criminal sanctions in an area
of behavior where the risk of apprehension is high. This
immunity is manifested in two rather disheartening ways:
first, this group is not dissuaded by the normal penalties
imposed for aggravated assault and, second, in committing
assault with a deadly weapon, an individual is risking
9
Id., at 728.
Reproduced at the Richard Nixon Presidential Library and Museum
30
a far higher penalty if his victim should die than any
special penalty a gun-use provision could establish.
Once these qualifications on the operation of differential
deterrence are set out, we do not have data that speak
in further detail to the question of whether laws that
attempt to establish differential grades of deadly assault
provide an extra measure of deterrence, thereby reducing the
proportion of deadly assaults committed with guns.
If gun use were to be a separate grade of offense
in the Draft Federal Criminal Code, this would require the
creation of a Class B felony, the material elements of
which would be
"intentionally or knowingly causes bodily
injury to another human being with a firearm. "
The arguments against such a proposal operate at a
number of levels. First, since we have no data available
on which to base the conclusion that such a distinction
would have any effect. on the rate of gun use in deadly
attacks, no data are available that can provide information
about the extent of any extra measure of deterrence that
such a distinction could produce. Against this unknown
benefit, a separately graded category of firearm assault
would have certain costs. Since aggravated assault could
hardly be less than a Class C felony, a separate firearm
offense would substantially reduce the options of the
sentencing judge in a gun-assault case and add a group
Reproduced at the Richard Nixon Presidential Library and Museum
31
of lengthy sentences to a correctional policy whose
proposed range of sanctions is already far from immodest.
This may lead to extra public expense, misery and, per-
haps, punishment-generated aggressions that eventually
lead to further crime. Also, to the extent that the
possibility of differential deterrence is important, any
increase in the gap between aggravated assault and fire-
arms assault sanctions would result in a decrease in
the gap between the penalties for nonfatal firearms
assault and murder. Yet, because gun use is so much more
deadly than attacks with other weapons, the argument can
be made that the law should distinguish between gun and
other assaults even at the risk of narrowing the marginal
difference between gun injury and murder penalties.
In any event, the data clearly establish a basis
for considering gun use as an aggravating circumstance
in sentencing decisions even if gun assault does not
emerge as a separately graded offense.
C. Robbery
A typical robbery combines elements of property and
personal crime because the robber uses personal force
rather than stealth or trickery to unlawfully obtain the
property of another. Force may be used against a victim
in one of two ways: the robber can incapacitate his victim
by inflicting an injury, or the robber may seek to obtain
Reproduced at the Richard Nixon Presidential Library and Museum
32
property without injuring his victim by threatening to
use force. If only the threat of force is involved and
a victim proves cooperative, the offense can be committed
without an attack intended to produce serious bodily
injury. Thus, many robberies, particularly those that
occur on the street and involve only individual victims,
or small groups of victims and larger groups of robbers,
10
can be committed without the use of weapons.
With
respect to indoor robberies, where one or a group of
robbers invade businesses or homes, the robber has fewer
options about the weapons he will use because he will
normally be at a great disadvantage without either a knife
or a gun. The great majority of indoor robberies are
committed with deadly weapons, and the handgun is the
deadly weapon employed in a clear majority of indoor
11
robberies.
Because robbery will often take place without an
attack intended to produce serious bodily injury, one way
of taking cognizance of the difference between aggravated
assault and robbery would be to design a matrix dis-
tinguishing, on the one hand, between robberies that
result in
attacks intended to injure and robberies
where only the threat of injury is invoked and, on the
10
See Newton and Zimring, Firearms and Violence in
American Life, ch. 7.
11
Id., at Appendix D, and ch. 7.
Reproduced at the Richard Nixon Presidential Library and Museum
33
other hand, distinguishing
between robberies on the
basis of whether weapons were used and whether firearms
were the weapons used.
*
No Weapon
Weapon
Firearm
Attack to Injure
No attack
*
other than firearm
As with assault, we produce six possible
categories of robbery. The basis for distinguishing
between robberies that result in attacks intended to
produce injury and robberies without attack is that the
former class of robberies presents a vastly greater danger
of harm to victims. The aim of such a distinction would
be to encourage robbers to avoid harming victims because
of the greater penalties that accompany conviction for
robbery with attack intending to injure.
The basis for distinguishing between robberies com-
mitted with weapons is that, while the risk of an attack
on the victim may not differ in the two types of robbery
(or indeed may be higher in robbery without weapons.
because of the closer proximity of robber and victim),
the danger that any attack that might take place during
a robbery will result in the death of the victim may be
substantially higher if robbery is committed with weapons.
The basis for distinguishing between robbery with firearms
Reproduced at the Richard Nixon Presidential Library and Museum
34
and all other forms of robbery may be twofold: robberies
are much easier to commit with firearms than with other
weapons, and gun robberies constitute a greater threat
to the life of the robbery victim than other forms of
robbery. In a study that covered three and one-half
years of New York City experience, it was found that the
death rate of victims from nonfirearm robbery was 1.5
per thousand robberies, while the death rate of victims
12
of firearm robbery was 5.5 per thousand robberies.
The aim of any criminal law distinguishing between
robberies committed with firearms and those committed
with other weapons would be the process of differential
deterrence discussed in relation to assault and mentioned
above in the discussion of distinguishing between robbery
with and without an attack on the victim. The issues
raised in the assault discussion are similar to the
issues raised by attempts to differentially deter gun
robbery because in each case the law is dealing with
individuals who are undeterred by the base punishment
provided for assault or robbery. However, the robbery
situation is distinguishable from the assault situation
in a number of ways that make the prospects for differen-
tial deterrence seem brighter. First, the robber who
does not attack his victim, unlike the individual who
12
Id., see ch. 7.
Reproduced at the Richard Nixon Presidential Library and Museum
35
commits aggravated assault with a weapon, has not yet
demonstrated an immunity from the maximum threat of
punishment by risking the penalty for murder. Second,
the robber, unlike the assaulter, has not demonstrated
that his principal objective is to injure his victim;
rather, the objective of many robbers would seem to be
material gain, a goal that may indicate that potential
gun robbers would be more susceptible to differential
threats. Third, robbery is, to a greater extent than
assault, a professional or career crime, which involves
elements of planning and experience with apprehension
that may contribute to a greater awareness of the law
and an increased motivation to minimize risks of punishment.
However, there is little leeway in a penal structure
to experiment with processes of differential deterrence
in the area of robbery because even the least serious
robbery, that involving personal force without an attack
intended to injure, is considered a serious crime. Under
the proposed Federal Criminal Code, this offense at
minimum would be a Class C felony and is usually con-
sidered closer to Class B. At the same time, since the
law's primary goal, once a robbery is in progress,
is to avoid a victim killing, every effort should be made
to leave a penalty gap between robbery murder and the
next most serious robbery offense to the extent that one
Reproduced at the Richard Nixon Presidential Library and Museum
36
subscribes to the viability of differential deterrence.
It is clear, then, that the law cannot, as a definitional
proposition, create six ascending categories of nonlethal
robbery with ascending gradations of punishment great
enough to enhance the prospects of differential deterrence
yet far enough from maximum penalties to serve as an
inducement away from robbery murder. If formal distinc-
tions are to be made, two or three priority distinctions
should be selected. The most important distinction would
be between robbery where a deadly weapon is used in an
attack intended to inflict bodily injury and all other
forms of robbery. If robbery without aggravating circum-
stances is a Class C felony, then two ascending grades
of aggravated robbery would be possible. The proposed
$209.40 distinguishes the use of deadly force (Class A)
and the threat of deadly force (Class B) from simple
robbery. At the same time, under the proposed code, the
use of a firearm rather than a knife could be considered
by the court as an aggravating circumstance for sentencing
purposes with the Class B penalty range.
D. Homicide and Kidnapping
Homicide and kidnapping are offenses where distinc-
tions based or the use of a firearm would be clearly
inappropriate. In the case of willful killing, the
instrument of the crime is of little significance because
the intention has been determined by other means, and
Reproduced at the Richard Nixon Presidential Library and Museum
37
because the means used to kill do not affect the danger-
ousness or harm achieved in the great majority of homi-
cides. Even if some basis for distinguishing gun use
from other homicidal acts could be established, there is
no room left in the drafting of a criminal code for ascend-
ing degrees of willful homicide because of the seriousness
of the simple offense.
Kidnapping is a closer case. The case can be made
for considering different types of kidnapping as different
grades of offense. The most important distinction would
be between kidnapping that results in injury to the victim
and kidnapping without injury. The aim of such distinction
is to provide some measure of protection to victims of kid-
napping by deterring kidnappers from attacking them. Because
the kidnapper normally has a substantial degree of control
over his. victim in the scenario of the crime and because
kidnapping involves extensive premeditation and a long period
in which the kidnapper can make decisions about the way he
will treat his victim, there is reason to believe that kid-
nappers will be responsive to differential threats. It may
be the case that kidnappings involving firearms are more
dangerous than other forms of kidnapping, although there are
no data available on this question. However, kidnapping in
any form is a serious offense SO that there is only enough
leeway in a functioning system to provide, at maximum, for
two grades of kidnapping. That being the case, harm to the
victim rather than any distinction based on the weapons used
in the offense should be the basis for distinction.
Reproduced at the Richard Nixon Presidential Library and Museum
APPENDIX
GUN CONTROL ACT OF 1968
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
GUN CONTROL ACT OF 1968
For Legislative History of Act, see P. 6042
PUBLIC LAW 90-618; 82 STAT. 1213
[H. R. 17735]
An Act to amend title 18, United States Code, to provide for better control
of the interstate traffic in firearms.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That:
This Act may be cited as the "Gun Control Act of 1968".
TITLE I-STATE FIREARMS CONTROL ASSISTANCE
PURPOSE
Sec. 101. The Congress hereby declares that the purpose of this
title is to provide support to Federal, State, and local law enforce-
ment officials in their fight against crime and violence, and 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 acquisition, possession, or use of firearms appropriate to the
purpose of hunting, trapshooting, target shooting, personal protec-
tion, or any other lawful activity, and that this title is not intended
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 require-
ments other than those reasonably necessary to implement and
effectuate the provisions of this title.
Sec. 102. Chapter 44 of title 18, United States Code," is amended
to read as fwllows:
"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' include any indi-
vidual, corporation, company, association, firm, partnership, society,
or joint stock company.
"(2) The term 'interstate or foreign commerce' includes com-
merce between any place in a State and any place outside of that
State, or within any possession of the United States (not including
77. 18 U.S.C.A. $ 921 et seq.
5381
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
the Canal Zone) or the District of Columbia, but such term does
not include commerce between places within the same State but
through any place outside of that State. The term 'State' includes
the District of Columbia, the Commonwealth of Puerto Rico, and
the possessions of the United States (not including the Canal Zone).
"(3) The term 'firearm' means (A) any weapon (including a
starter gun) which will or is designed to or may readily be con-
verted to expel a projectile by the action of an explosive; (B)
the frame or receiver of any such weapon; (C) any firearm muffler
or firearm silencer; or (D) any destructive device. Such term
does not include an antique firearm.
"(4) The term 'destructive device' means-
"(A) any explosive, incendiary, or poison gas-
"(i) bomb,
"(ii) grenade,
(iiii) rocket having a propellant charge of more than
four ounces,
"(iv) missile having an explosive or incendiary charge
of more than one-quarter ounce,
"(v) mine, or
"(vi) device similar to any of the devices described in
the preceding clauses;
"(B) any type of weapon (other than a shotgun or a shotgun
shell which the Secretary finds is generally recognized as
particularly suitable for sporting purposes) by whatever name
known which will, or which may be readily converted to, expel
a projectile by the action of an explosive or other propellant,
and which has any barrel with a bore of more than one-half
inch in diameter; and
"(C) any combination of parts either designed or intended
for use in converting any device into any destructive device
described in subparagraph (A) or (B) and from which a de-
structive device may be readily assembled.
The term 'destructive device' shall not include any device which
is neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is rede-
signed for use as a signaling, pyrotechnic, line throwing, safety, or
similar device; surplus ordnance sold, loaned, or given by the
Secretary of the Army pursuant to the provisions of section 4684(2),
4685, or 4686 of title 10; or any other device which the Secretary
of the Treasury finds is not likely to be used as a weapon, is an
antique, or is 3 rifle which the owner intends to use solely for sport-
ing purposes.
"(5) The term 'shotgun' means a weapon designed or redesigned,
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.
5382
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
"(6) The term 'short-barreled shotgun' means a shotgun 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 redesigned,
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.
"(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 busi-
ness 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 provi-
sions of this chapter.
"(10) The term 'manufacturer' means any person engaged in the
manufacturer 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 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 Of ammunition as security for the payment
or repayment of money.
(13) The term 'collector' means any person who acquires, holds,
or disposes of firearms or ammunition as curios or relics, as the
Secretary shall by regulation define, and the term 'licensed collector'
means any such person licensed under the provisions of this chap-
ter.
"(14) The term 'indictment' includes an indictment or information
in any court under which a crime punishable by imprisonment for a
term exceeding one year may be prosecuted.
"(15) The term 'fugitive from justice' means any person who
has fled from any State to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding.
"(16) The terra 'antique firearm' means-
"(A) any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system)
manufactured in or before 1898; and
5383
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
"(B) any repiica of any firearm described in subparagraph
(A) if such replica-
"(i) is not designed or redesigned for using rimfire or
conventional centerfire fixed ammunition, or
"(ii) uses rimfire or conventional centerfire fixed am-
munition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
"(17) The term 'ammunition' means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use in any
firearm.
"(18) The term 'Secretary' or 'Secretary of the Treasury' means
the Secretary of the Treasury or his delegate.
"(19) The term 'published ordinance' means a published law of
any political subdivision of a State which the Secretary determines
to be relevant to the enforcement of this chapter and which is con-
tained on a list compiled by the Secretary, which list shall be
published in the Federal Register, revised annually, and furnished
to each licensee under this chapter.
((20) The term 'crime punishable by imprisonment for a term
exceeding one year' shall not include (A) any Federal or State
offenses pertaining to antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating to the regula-
tion of business practices as the Secretary may by regulation desig-
nate, or (B) any State offense (other than one involving a firearm
or explosive) classified by the laws of the State as a misdemeanor
and punishable by a term of imprisonment of two years or less.
"(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his perma-
nent duty station is located.
"$ 922. 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 in firearms or ammuni-
tion, 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, dealer, or collector
licensed under the provisions of this chapter to ship. or trans-
port in interstate or foreign commerce any firearm or ammuni-
tion to any person other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, except
that-
(A) this paragraph and subsection (b) (3) shall not
be held to preclude a licensed importer, licensed manufac-
turer, licensed dealer, or licensed collector from returning
a firearm or replacement firearm of the same kind and
type to a person from whom it was received; and this
5384
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
paragraph shall not be held to preclude an individual from
mailing a firearm owned in compliance with Federal, State,
and local law to a licensed importer, licensed manufacturer,
or licensed dealer for the sole purpose of repair or customiz-
ing;
"(B) this paragraph shall not be held to preclude a li-
censed importer, licensed manufacturer, 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 this title, is eligible to
receive through the mails pistols, revolvers, and other fire-
arms capable of being concealed on the person, for use in
connection with his official duty; and
"(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, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or other-
wise obtained by such person outside that State, except that
this paragraph (A) shall not preclude any person who lawfully
acquires a firearm by bequest or intestate succession in a State
other than his State of residence from transporting the firearm
into or receiving it in that State, if it is lawful for such person
to purchase or possess such firearm in that State, (B) shall
not apply to the transportation or receipt of a rifle or shotgun
obtained in conformity with the provisions of subsection (b)
(3) of this section, and (C) shall not apply to the transportation
of any firearm acquired in any State prior to the effective date
of this chapter;
"(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to trans-
port in interstate or foreign commerce any destructive device,
machine-gun (as defined in section 5845 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) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give, transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, li-
censed dealer, or licensed collector) who the transferor knows
or has reasonable cause to believe resides in any State other
than that in which the transferor resides (or other than that
12 U.S.Cong News '68-20
5385
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
in which its place of business is located if the transferor is a
corporation or other business entity); except that this para-
graph shall not apply to (A) the transfer, transportation, or
delivery of a firearm move to carry out a bequest of a firearm
to, or an acquisition by itestate succession of a firearm by,
a person who is permitted to acquire or possess a firearm under
the laws of the State of his residence, and (B) the loan or
rental of a firearm to any person for temporary use for lawful
sporting purposes; and
"(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious oral
or written statement or to furnish or exhibit any false, fictitious,
or misrepresented identification, intended or likely to deceive
such importer, manufacturer, dealer, or collector 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 man-
ufacturer, licensed dealer, or licensed collector 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 person of such fire-
arm or ammunition would be in violation of any State law or
any published ordinance applicable at the place of sale, delivery
or other disposition, unless the licensee knows or has reason-
able cause to believe that the purchase or possession would not
be in violation of such State law or such published ordinance;
"(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 main-
tain a place of business in) the State in which the licensee's
place of business is located, except that this paragraph (A)
shall not apply to the sale or delivery of a rifle or shotgun to
a resident of a State contiguous to the State in which the li-
censee's place of business is located if the purchaser's State
of residence permits such sale or delivery by law, the sale fully
complies with the legal conditions of sale in both such con-
tiguous States, and the purchaser and the licensee have, prior
to the sale, or delivery for sale, of the rifle or shotgun, com-
plied with all of the requirements of section 922(c) applicable
to intrastate transactions other than at the licensee's business
premises, (B) shall not apply to the loan or rental of a firearm
5386
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
to any person for temporary use for lawful sporting purposes,
and (C) shall not preclude any person who is participating in
any organized rifle or shotgun match or contest, or is engaged
in hunting, in a State other than his State of residence and
whose rifle or shotgun has been lost or stolen or has become
inoperative in such other State, from purchasing a rifle or
shotgun in such other State from a licensed dealer if such
person presents to such dealer a sworn statement (i) that his
rifle or shotgun was lost or stolen or became inoperative while
participating in such a match or contest, or while engaged in
hunting, in such other State, and (ii) identifying the chief law
enforcement officer of the locality in which such person resides,
to whom such licensed dealer shall forward such statement
by registered mail;
"(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1954),
short-barreled shotgun, or short-barreled rifle, except as specifi-
cally authorized by the Secretary consistent with public safety
and necessity; and
"(5) any firearm or ammunition to any person unless the li-
censee notes in his records, required to be kept pursuant to sec-
tion 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 per-
son 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,
licensed dealers, and licensed collectors. Paragraph (4) of this sub-
section shall not apply to d sale or delivery to any research organiza-
tion designated by the Secretary.
"(c) In any case not otherwise prohibited by this chapter, a li-
censed importer, licensed manufacturer, or licensed dealer may sell
a firearm to a person who does not appear in person at the licensee's
business premises (other than another licensed importer, manufac-
turer, or dealer) only if-
"(1) the transferee submits to the transferor a sworn state-
ment in the following form:
" 'Subject to penalties provided by law, I swear that,
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 a shotgun or a rifle, I am eighteen years or
more of age; that I am not prohibited by the provisions
of chapter 44 of title 18, United States Code, from re-
ceiving a firearm in interstate or foreign commerce;
and that my receipt of this firearm will not be in viola-
tion of any statute of the State and published ordinance
applicable to the locality in which I reside. Further,
the true title, name, and address of the principal law en-
5387
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
forcement officer of the locality to which the firearm
will be delivered are
Signature
Date
and containing blank spaces for the attachment of a true copy
of any permit or other information required pursuant to such
statute or published ordinance;
"(2) the transferor has, prior to the shipment or delivery of
the firearm, forwarded by registered or certified mail (return
receipt requested) a copy of the sworn statement, together with
a description of the firearm, in a form prescribed by the Secre-
tary, to the chief law enforcement officer of the transferee's
place of residence, and has received a return receipt evidencing
delivery of the statement or has had the statement returned due
to the refusal of the named addressee to accept such letter in
accordance with United States Post Office Department regula-
tions; and
"(3) the transferor has delayed shipment or delivery for a
period of at least seven days following receipt of the notification
of the acceptance or refusal of delivery of the statement.
A copy of the sworn statement and a copy of the notification to the
local law enforcement officer, together with evidence of receipt or
rejection of that notification shall be retained by the licensee as a
part of the records required to be kept under section (g).
"(d) It shall be unlawful for any licensed importer, licensed man-
ufacturer, licensed dealer, or licensed collector to sell or otherwise
dispose of any firearm or ammunition to any person knowing or hav-
ing reasonable cause to believe that such person-
"(1) is under indictment for, or has been convicted in any
court of, a crime punishable by imprisonment for a term exceed-
ing one year;
"(2) is a fugitive from justice;
"(3) is an unlawful user of or addicted to marihuana or any
depressant or stimulant drug (as defined in section 201(v) of
the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as
defined in section 4731(a) of the Internal Revenue Code of
1954) ; or
"(4) has been adjudicated as a mental defective or has been
committed to any mental institution.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed manufac-
turer, licensed dealer, or licensed collector who pursuant to subsec-
tion (b) of section 925 of this chapter is not precluded from dealing
in firearms or ammunition, or to a person who has been granted re-
lief from disabilities pursuant to subsection (c) of section 925 of
this chapter.
"(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for trans-
portation or shipment in interstate or foreign commerce, to persons
5388
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
other than licensed importers, licensed manufacturers, licensed deal-
ers, or licensed collectors, any package or other container in which
there is any firearm or ammunition without written notice tn the
carrier that such firearm or ammunition is being transported or
shipped; except that any passenger who owns or legally possesses
a firearm or ammunition being transported aboard any common or
contract carrier for movement with the passenger in interstate or
foreign commerce may deliver said firearm or ammunition into the
custody of the pilot, captain, conductor or operator of such common
or contract carrier for the duration of the trip without violating any
of the provisions of this chapter.
"(f) 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.
"(g) It shall be unlawful for any person-
"(1) who is under indictment for, or who has been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding one year;
"(2) who is a fugitive from justice;
"(3) who is an unlawful user of or addicted to marihuana or
any depressant or stimulant drug (as defined in section 201 (v)
of the Federal Food, Drug, and Cosmetic Act) or narcotic drug
(as defined in section 4731 (a) of the Internal Revenue Code of
1954) ; or
(4) who has been adjudicated as a mental defective or who
has been committed to a mental institution;
to ship or transport any firearm or ammunition in interstate or for-
eign commerce.
"(h) It shall be unlawful "or any person-
"(1) who is under indictment for, or who has been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding one year;
"(2) who is a fugitive from justice;
"(3) who is an unlawful user of or addicted to marihuana or
any depressant or stimulant drug (as defined in section 201(v)
of the Federal Food, Drug, and Cosmetic Act) or narcotic drug
(as defined in section 4731 (a) of the Internal Revenue Code of
1954) ; or
"(4) who has been adjudicated as a mental defective or who
has been committed to any mental institution;
to receive any firearm or ammunition which has been shipped or
transported in interstate or foreign commerce.
"(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearm or stolen ammu-
nition, knowing or having reasonable cause to believe that the fire-
arm or ammunition was stolen.
5389
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
"(j) 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, which is moving as, which is a part of, or which consti-
tutes, interstate or foreign commerce, knowing or having reasonable
cause to believe that the firearm or ammunition was stolen.
"(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm which
has had the importer's or manufacturer's serial number removed, ob-
literated, or altered.
"(l) Except as provided in section 925 (d) of this chapter, it shall
be unlawful for any person knowingly to import or bring into the
United States or any possession thereof any firearm or ammunition;
and it shall be unlawful for any person knowingly to receive any fire-
arm or ammunition which has been imported or brought into the
United States or any possession thereof in violation of the provisions
of this chapter.
"(:n) It shall be unlawful for any licensed importer, licensed man-
ufacturer, licensed dealer, or licensed collector knowingly to make
any false entry in, 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 ammuni-
tion importer, manufacturer, or dealer until he has filed an applica-
tion with, and received a license to do SO from, the Secretary. The
application shall be such form and contain such information as the
Secretary shall by regulation prescribe. Each applicant shall 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 the applicant is a manufacturer-
"(A) of destructive devices or ammunition for destructive de-
vices, a fee of $1,000 per year;
"(B) of firearms other than destructive devices, a fee of $50
per year; or
"(C) of ammunition for firearms other than destructive de-
vices, a fee of $10 per year.
"(2) If the applicant is an importer-
"(A) of destructive devices or ammunition for destructive de-
vices, a fee of $1,000 per year; or
"(B) of firearms other than destructive devices or ammuni-
tion for firearms other than destructive devices, a fee of $50
per year.
"(3) If the applicant is a dealer-
"(A) in destructive devices or ammunition for destructive de-
vices, 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 de-
structive devices, a fee of $25 per year; or
5390
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
"(C) who is not a dealer in destructive devices or a pawn-
broker, a fee of $10 per year.
"(b) Any person desiring to be licensed as a collector shall file an
application for such license with the Secretary. The application
shall be in such form and contain such information as the Secretary
shall by regulation prescribe. The fee for such license shall be $ 0
per year. Any license granted under this subsection shall only ap-
ply to transactions in curios and relics.
"(c) Upon the filing of a proper application and payment of the
prescribed fee, the Secretary shall issue to a qualified 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 firearms and ammunition covered by
such license in interstate or foreign commerce during the period stat-
ed in the license.
"(d) (1) Any application submitted under subsection (a) or (b) of
this section shall be approved if-
"(A) the applicant is twenty-one years of age or over;
"(B) 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 as-
sociation) is not prohibited from transporting, shipping, or re-
ceiving firearms or ammunition in interstate or foreign com-
merce under section 922(g) and (h) of this chapter;
"(C) the applicant has not willfully violated any of the pro-
visions of this chapter or regulations issued thereunder;
"(D) the applicant has not willfully failed to disclose any
material information required, or has not made any false state-
ment as to any material fact, in connection with his application;
and
(E) the applicant has in a State (i) premises from which he
conducts business subject to license under this chapter or from
which he intends to conduct such business within a reasonable
period of time, or (ii) in the case of a collector, premises from
which he conducts his collecting subject to license under this
chapter or from which he intends to conduct such collecting
within a reasonable period of time.
"(2) The Secretary must approve or deny an application for a li-
cense within the forty-five-day period beginning on the date it is re-
ceived. If the Secretary fails to act within such period, the applicant
may file an action under section 1361 of title 28 to compel the Secre-
tary to act. If the Secretary approves an applicant's application,
such applicant shall be issued a license upon the payment of the pre-
scribed fee.
"(e) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has violated any provision of this chapter or any rule or regu-
lation prescribed by the Secretary under this chapter. The Secre-
5391
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
tary'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 license is denied and
any holder of a license which is revoked shall receive a written notice
from the Secretary stating specifically the grounds upon which the
application was denied or upon which the license was revoked. Any
notice of a revocation of a license shall be given to the holder of such
license before the effective date of the revocation.
"(2) If the Secretary denies an application for, or revokes, a li-
cense, he shall, upon request by the aggrieved party, promptly hold
a hearing to review his denial or revocation. In the case of a revoca-
tion of a license, the Secretary shall upon the request of the holder
of the license stay the effective date of the 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 revoke
a license, the Secretary shall give notice of his decision to the ag-
grieved party. The aggrieved party may at any time within sixty
days after the date notice was given under this paragraph file a pe-
tition 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 or revocation. 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 revoke the license,
the court shall order the Secretary to take such action as may be
necessary to comply with the judgment of the court.
"(g) Each licensed importer, licensed manufacturer, licensed deal-:
er, and licensed collector shall maintain such records of importation,
production, shipment, receipt, 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. Such importers, manu-
facturers, dealers, and collectors shall make such records available
for inspection at all reasonable times, and shall submit to the Secre-
tary such reports and information with respect to such records and
the contents thereof as he shall by regulations prescribe. The Sec-
retary may enter during business hours the premises (including
places of storage) of any firearms or ammunition importer, manu-
facturer, dealer, or collector for the purpose of inspecting or examin-
ing (1) any records or documents required to be kept by such im-
porter, manufacturer, dealer, or collector under the provisions of
this chapter or regulations issued under this chapter, and (2) any
firearms or ammunition kept or stored by such importer, manufac-
turer, dealer, or collector at such premises. Upon the request of any
State or any political subdivision thereof, the Secretary may make
available to such State or any political subdivision thereof, any in-
formation whieh he may obtain by reason of the provisions of this
chapter with espect to the identification of persons within such
5392
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
State or political subdivision thereof, who have purchased or re-
ceived firearms or ammunition, together with a description of such
firearms or ammunition.
"(h) Licenses issued under the provisions of subsection (c) of this
section shall be kept posted and kept available for inspection on the
premisès covered by the license.
"(i) Licensed importers and licensed manufacturers shall identify,
by means of a serial number engraved or cast on the receiver or
frame of the weapon, in such manner as the Secretary shall by regu-
lations prescribe, each firearm imported or manufactured by such
importer or manufacturer.
"(j) This section shall not apply to anyone who engages only in
hand loading, reloading, or custom loading ammunition for his own
firearm, and who does not hand load, reload, or custom load ammuni-
tion for others.
"$ 924. Penalties
"(a) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the in-
formation 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 provi-
sions of this chapter, shall be fined not more than $5,000, or impris-
oned not more than five years, or both, and shall become eligible for
parole as the Board of Parole shall determine.
"(b) Whoever, with intent to commit therewith an offense punish-
able by imprisonment for a term exceeding one year, or with knowl-
edge or reasonable cause to believe that an offense punishable by
imprisonment for a term exceeding one year is to be committed there-
with, 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) Whoever-
"(1) uses a firearm to commit any felony which may be prose-
cuted in a court of the United States, or
"(2) carries a firearm unlawfully during the commission of
any felony which may be prosecuted in a court of the United
States,
shall be sentenced to a term of imprisonment for not less than one
year nor more than 10 years. In the case of his second or subsequent
conviction under this subsection, such person shall be sentenced to a
term of imprisonment for not less than five years nor more than 25
years, and, notwithstanding any other provision of law, the court
shall not suspend the sentence of such person or give him a proba-
tionary sentence.
"(d) Any firearm or ammunition involved in or used or intended
to be used in, any violation of the provisions of this chapter or any
rule or regulation promulgated thereunder, or any 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
5393
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
1954 relating to the seizure, forfeiture, and disposition of firearms,
as defined in section 5845(a) of that Code, shall, so far as applicable,
extend to seizures and forfeitures under the provisions of this chap-
ter.
"§ 925. Exceptions: Relief from disabilities
"(a) (1) The provisions of this chapter shall not apply with re-
spect to the transportation, shipment, receipt, or importation of any
firearm or ammunition imported for, sold or shipped to, or issued
for the use of, the United States or any department or agency thereof
or any State or any department, agency, or political subdivision
thereof.
"(2) The provisions of this chapter shall not apply with respect
to (A) the shipment or receipt of firearms or ammunition when sold
or issued by the Secretary of the Army pursuant to section 4308 of
title 10, and (B) the transportation of any such firearm or ammuni-
tion carried out to enable a person, who lawfully received such fire-
arm or ammunition from the Secretary of the Army, to engage in
military training or in competitions.
"(3) Unless otherwise prohibited by this chapter or any other
Federal law, a licensed importer, licensed manufacturer, or licensed
dealer may ship to a member of the United States Armed Forces on
active duty outside the United States or to clubs, recognized by the
Department of Defense, whose entire membership is composed of
such members, and such members or clubs may receive a firearm or
ammunition determined by the Secretary of the Treasury to be gen-
erally recognized as particularly suitable for sporting purposes and
intended for the personal use of such member or club.
"(4) When established to the satisfaction of the Secretary to be
consistent with the provisions of this chapter and other applicable
Federal and State laws and published ordinances, the Secretary may
authorize the transportation, shipment, receipt, or importation into
the United States to the place of residence of any member of the
United States Armed Forces who is on active duty outside the United
States (or who has been on active duty outside the United States
within the sixty day period immediately preceding the transportation,
shipment, receipt, or importation), of any firearm or ammunition
which is (A) determined by the Secretary to be generally recognized
as particularly suitable for sporting purposes, or determined by the
Department of Defense to be a type of firearm normally classified as
a war souvenir, and (B) intended for the personal use of such mem-
ber.
"(5) For the purpose of paragraphs (3) and (4) of this subsection,
the term 'United States' means each of the several States and the
District of Columbia.
"(b) A licensed importer, licensed manufacturer, licensed dealer,
or licensed collector who is indicted for a crime punishable by im-
prisonment for a term exceeding one year, may, otwithstanding any
other provision of this chapter, continue operation pursuant to his
existing license (if prior to the expiration of the term of the existing
5394
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
license timely application is made for a new license) during the term
of such indictment and until any conviction pursuant to the indict-
ment 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 in-
volving 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 imposed by Federal
laws with respect to the acquisition, receipt, transfer, shipment, or
possession of firearms and 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 act in a manner dangerous to public safety and that
the granting of the relier would not be contrary to the public in-
terest.
A
licensed
importer
licensed manufacturer, licensed dealer,
or licensed collector cond
ting operations under this chapter, who
makes application for from the disabilities incurred under this
chapter by reason of
conviction, shall not be barred by such
conviction from further
rerations under his license pending final
action on an application
for
relief filed pursuant to this section.
Whenever the Secretary
relief to any person pursuant to this
section he shall 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
broum: into the United States or any possession there-
of if the person temporting or bringing in the firearm or ammunition
establishes to the sutisfaction of the Secretary that the firearm or
ammunition-
"(1) is being imported or brought in for scientific or research
purposes, is for use in connection with competition or training
pursuant to chapter 401 of title 10;
(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1954
(not readily restorable to firing condition), imported or brought
in as a curio or museum piece;
"(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 and is generally recognized as particularly suitable
for or readily adaptable to sporting purposes, excluding surplus
military firearms; or
"(4) was previously taken out of the United States or a pos-
session by the person who is bringing in the firearm or ammuni-
tion.
The Secretary may permit the conditional importation or bringing
in of a firearm or ammunition for examination and testing in connec-
tion with the making of a determination as to whether the importa-
5395
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
tion 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 chap-
ter, including-
"(1) regulations providing that a person licensed under this
chapter, when dealing with another person SO licensed, shall pro-
vide such other licensed person a certified copy of this license;
and
"(2) regulations providing for the issuance, at a reasonable
cost, to a person licensed under this chapter, of certified copies
of his license for use as provided under regulations issued under
paragraph (1) of this subsection.
The Secretary shall give reasonable public notice, and afford to in-
terested parties opportunity for hearing, prior to prescribing such
rules and regulations.
"§ 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 on the
same subject matter, unless there is a direct and positive conflict
between such provision and the law of the State SO that the two can-
not be reconciled or consistently stand together.
"§ 928. 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 provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby."
Sec. 103. The administration and enforcement of the amendment
made by this title shall be vested in the Secretary of the Treasury.
Sec. 104. Nothing in this title or the 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) ;
(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
non-mailable firearms.
Sec. 105. (a) Except as provided in subsection (b), the provisions
of chapter 14 of title 18, United States Code, as amended by section
102 of this title, shall take effect on December 16, 1968.
(b) The following sections of chapter 44 of title 18, United States
Code, as amended by section 102 of this title shall taxe effect on the
date of the enactment of this title: Sections 921, 922(l), 925(a) (1),
and 925(d).
5396
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
TITLE II-MACHINE GUNS, DESTRUCTIVE DEVICES,
AND CERTAIN OTHER FIREARMS
Sec. 201. Chapter 53 of the Internal Revenue Code of 1954 78
is amended to read as follows:
"CHAPTER 53-MACHINE GUNS, DESTRUCTIVE
DEVICES, AND CERTAIN OTHER
FIREARMS
"Subchapter A. Taxes.
"Subchapter B. General provisions and exemptions.
"Subchapter C. Prohibited acts.
"Subchapter D. Penalties and forfeitures.
"Subchapter A-Taxes
"Part I. Special (occupational) taxes.
"Part II. Tax on transferring firearms.
"Part III. Tax on making firearms.
"PART I-SPECIAL (OCCUPATIONAL) TAXES
"Sec. 5801. Tax.
"Sec. 5802. Registration of importers, manufacturers, and
dealers.
"SEC. 5801. TAX.
"On first engaging in business and thereafter on or before the
first day of July of each year, every importer, manufacturer, and
dealer in firearms shall pay a special (occupational) tax for each
place of business at the following rates:
"(1) Importers.-$500 a year or fraction thereof;
"(2) Manufacturers.-$500 a year or fraction thereof;
"(3) Dealers.-$200 a year or fraction thereof.
Except an importer, manufacturer, or dealer who imports, manu-
factures, or deals in only weapons classified as 'any other weapon'
under section 5845(e), shall ray a special (occupational) tax for
each place of business at the following rates: Importers, $25 a year
or fraction thereof; manufacturers, $25 a year or fraction thereof;
dealers, $10 a year or fraction thereof.
"SEC. 5802. REGISTRATION OF IMPORTERS, MANUFACTUR-
ERS, AND DEALERS.
"On first engaging in business and thereafter on or before the
first day of July of each year, each importer, manufacturer, and
dealer in firearms shall register with the Secretary or his delegate
in each internal revenue district in which such business is to be
carried on, his name, including any trade name, and the address
of each location in the district where he will conduct such business.
78. 26 U.S.C.A. (I.R.C.1954) § 5801 et
seq.
5397
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
Where there is a change during the taxable year in the location of,
or the trade name used in, such business, the importer, manufactur-
er, or dealer shall file an application with the Secretary or his
delegate to amend his registration. Firearms operations of an
importer, manufacturer, or dealer may not be commenced at the
new location or under a new trade name prior to approval by the
Secretary or his delegate of the application.
"PART II-TAX ON TRANSFERRING FIREARMS
"Sec. 5811. Transfer tax.
"Sec. 5812. Transfers.
"SEC. 5811. TRANSFER TAX.
"(a) Rate.-There shall be levied, collected, and paid on firearms
transferred a tax at the rate of $200 for each firearm transferred,
except, the transfer tax on any firearm classified as any other
weapon under section 5845(e) shall be at the rate of $5 for each
such firearm transferred.
"(b) By Whom Paid.-The tax imposed by subsection (a) of this
section shall be paid by the transferor.
"(c) Payment.-The tax imposed by subsection (a) of this section
shall be payable by the appropriate stamps prescribed for payment
by the Secretary or his delegate.
"SEC. 5812. TRANSFERS.
"(a) Application.-A firearm shall not be transferred unless (1)
the transferor of the firearm has filed with the Secretary or his
delegate a written application, in duplicate, for the transfer and
registration of the firearm to the transferee on the application form
prescribed by the Secretary or his delegate; (2) any tax payable
on the transfer is paid as evidenced by the proper stamp affixed to
the original application form; (3) the transferee is identified in
the application form in such manner as the Secretary or his delegate
may by regulations prescribe, except that, if such person is an in-
dividual, the identification must include his fingerprints and his
photograph; (4) the transferor of the firearm is identified in the
application form in such manner as the Secretary or his delegate
may by regulations prescribe; (5) the firearm is identified in the
application form in such manner as the Secretary or his delegate
may by regulations prescribe; and (6) the application form shows
that the Secretary or his delegate has approved the transfer and
the registration of the firearm to the transferee. Applications shall
be denied if the transfer, receipt, or possession of the firearm would
place the transferee in violation of law.
"(b) Transfer of possession.-The transferee of a firearm shall
not take possession of the firearm unless the Secretary or his dele-
gate has approved the transfer and registration of the firearm
to the transferee as required by subsection (a) of this section.
5398
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
"PART III-TAX ON MAKING FIREARMS
Sec. 5821. Making tax.
Sec. 5822. Making.
"SEC. 5821. MAKING TAX.
"(a) Rate.-There shall be levied, collected, and paid upon the
making of a firearm a tax at the rate of $200 for each firearm
made.
"(b) By Whom Paid.-The tax imposed by subsection (a) of this
section shall be paid by the person making the firearm.
"(c) Payment.-The tax imposed by subsection (a) of this section
shall be payable by the stamp prescribed for payment by the Secre-
tary or his delegate.
"SEC. 5822. MAKING.
"No person shall make a firearm unless he has (a) filed with the
Secretary or his delegate a written application, in duplicate, to
make and register the firearm on the form prescribed by the Secre-
tary or his delegate; (b) paid any tax payable on the making and
such payment is evidenced by the proper stamp affixed to the
original application form; (c) identified the firearm to be made
in the application form in such manner as the Secretary or his
delegate may by regulations prescribe; (d) identified himself in
the application form in such manner as the Secretary or his delegate
may by regulations prescribe, except that, if such person is an
individual, the identification must include his fingerprints and
his photograph; and (e) obtained the approval of the Secretary or
his delegate to make and register the firearm and the application
form shows such approval. Applications shall be denied if the
making or possession of the firearm would place the person making
the firearm in violation of law.
"Subchapter B-General Provisions and Exemptions
"Part 1. General provisions.
"Part II. Exemptions.
"PART I-GENERAL PROVISIONS
"Sec. 5841. Registration of firearms.
"Sec. 5842. Identification of firearms.
"Sec. 5843. Records and returns.
"Sec. 5844. Importation.
"Sec. 5845. Definitions.
"Sec. 5846. Other laws applicable.
"Sec. 5847. Effect on other law.
"Sec. 5848. Restrictive use of information.
"Sec. 5849. Citation of chapter.
"SEC. 5841. REGISTRATION OF FIREARMS
"(a) Central Registry.-The Secretary or his delegate shall main-
tain a central registry of all firearms in the United States which
are not in the possession or under the control of the United States.
5399
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
This registry shall be known as the National Firearms Registration
and Transfer Record. The registry shall include-
"(1) identification of the firearm;
"(2) date of registration; and
"(3) identification and address of person entitled to pos-
session of the firearm.
"(b) By Whom Registered.-Each manufacturer, importer, and
maker shall register each firearm he manufactures, imports, or
makes. Each firearm transferred shall be registered to the trans-
feree by the transferor.
"(c) How Registered.-Each manufacturer shall notify the Sec-
retary or his delegate of the manufacture of a firearm in such
manner as may by regulations be prescribed and such notification
shall effect the registration of the firearm required by this section.
Each importer, maker, and transferor of a firearm shall, prior to
importing, making, or transferring a firearm, obtain authorization
in such manner as required by this chapter or regulations issued
thereunder to import, make, or transfer the firearm, and such
authorization shall effect the registration of the firearm required
by this section.
"(d) Firearms Registered on Effective Date of This Act.-AT
person shown as possessing a firearm by the records maintained by
the Secretary or his delegate pursuant to the National Firearms
Act in force on the day immediately prior to the effective date of
the National Firearms Act of 1968 shall be considered to have
registered under this section the firearms in his possession which
are disclosed by that record as being in his possession.
"(e) Proof of Registration.-A person possessing a firearm regis-
tered as required by this section shall retain proof of registration
which shall be made available to the Secretary or his delegate
upon request.
"SEC. 5842. IDENTIFICATION OF FIREARMS.
"(a) Identification of Firearms Other Than Destructive De-
vices.-Each manufacturer and importer and anyone making a fire-
arm shall identify each firearm, other than a destructive device,
manufactured, imported, or made by a serial number which may not
be readily removed, obliterated, or altered, the name of the manu-
facturer, importer, or maker, and such other identification as the
Secretary or his delegate may by regulations prescribe.
"(b) Firearms Without Serial Number.-Any person who pos-
sesses a firearm, other than a destructive device, which does not
bear the serial number and other information required by subsec-
tion (a) of this section shall identify the firearm with a serial
number assigned by the Secretary or his delegate and any other
information the Secretary or his delegate may by regulations pre-
scribe.
5400
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
"(c) Identification of Destructive Device.-Any firearm classi-
fied as a destructive device shall be identified in such manner as
the Secretary or his delegate may by regulations prescribe.
"SEC. 5843. RECORDS AND RETURNS.
"Importers, manufacturers, and dealers shall keep such records
of, and render such returns in relation to, the importation, manu-
facture, making, receipt, and sale, or other disposition, of firearms
as the Secretary or his delegate may by regulations prescribe.
"SEC. 5844. IMPORTATION
"No firearm shall be imported or brought into the United States
or any territory under its control or jurisdiction unless the importer
establishes, under regulations as may be prescribed by the Secretary
or his delegate, that the firearm to be imported or brought in is-
"(1) being imported or brought in for the use of the United
States or any department, independent establishment, or agency
thereof or any State or possession or any political subdivision
thereof; or
"(2) being imported or brought in for scientific or research
purposes; or
"(3) being imported OI brought in solely for testing or use
as a model by a registere.
mufacturer or solely for use as a
sample by a registered in
or registered dealer;
except that, the Secretary or
legate may permit the conditional
importation or bringing in of
for examination and testing
in connection with classifying
firearm.
"SEC. 5845. DEFINITIONS:
"For the purpose of this chanter-
"(a) Firearm.-The term 'Virearm' means (1) a shotgun having
a barrel or barrels of less than 18 inches in length; (2) a weapon
made from a shotgun if such weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 18
inches in length; (3) a rifle having a barrel or barrels of less than
16 inches in length; (4) a weapon made from a rifle if such weapon
as modified has an overall length of less than 26 inches or a barrel
or barrels of less than 16 inches in length; (5) any other weapon,
as defined in subsection (e) (6) a machinegun; (7) a muffler or
a silencer for any firearm whether or not such firearm is included
within this definition; and (8) a 'destructive device. The term
'firearm' shall not include an antique firearm or any device (other
than a machinegun or destructive device) which, although designed
as a weapon, the Secretary or his delegate finds by reason of the
date of 118 manufacture, value, design, and other characteristics
is primarily a collector's item and is not likely to be used as a
weapon.
"(b) Machinegun.-The term 'machinegun' means any weapon
which shoots, is designed to shoot, or can be readily restored to shoot,
automatically more than one shot, without manual reloading, by a
single function of the trigger. The term shall also include the frame
12 U.S.Cong.News '68--21
5401
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
or receiver of any such weapon, any combination of parts designed
and intended for use in converting a weapon into a machinegun, and
any combination of parts from which a machinegun can be assembled
if such parts are in the possession or under the control of a person.
"(c) Rifle.-The term 'rifle' means a weapon designed or rede-
signed: made or remade, and intended to be fired from the shoulder
and designed cr redesigned and made or remade to use the energy
of the explosive in a fixed cartridge to fire only a single projectile
through B. rifled bore for each single pull of the trigger, and shall
include any such weapon which may be readily restored to fire a
fixed cartridge.
"(d) term 'shotgun' means a weapon designed or
redesign made or remade, and intended to be fired from the shoul-
der and Haigned 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 projectiles (ball shot) or a single projectile
for each pull of the trigger, and shall include any such weapon which
may be readily restored to fire a fixed shotgun shell.
"(e) Any Other Weapon.-The term 'any other weapon' means any
weapon or device capable of being concealed on the person from
which a shot can be discharged through the energy of an explosive,
a pistol or revolver having a barrel with a smooth bore designed or
redesigned to fire a fixed shotgun shell, weapons with combination
shotgun and rifle barrels 12 inches or more, less than 18 inches in
length, from which only a single discharge can be made from either
barrel without manual reloading, and shall include any such weapon
which may be readily restored to fire. Such term shall not include a
pistol or a revolver having a rifled bore, or rifled bores, or weapons
designed, made, or intended to be fired from the shoulder and not
capable of firing fixed ammunition.
"(f) Destructive Device.-The term 'destructive device' means (1)
any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C)
rocket having a propellent charge of more than four ounces, (D) mis-
sile having an explosive or incendiary charge of more than one-quar-
ter ounce, (E) mine, or (F) similar device; (2) any type of weapon
by whatever name known which will, or which may be readily con-
verted to, expel a projectile by the action of an explosive or other
propellant, the barrel or barrels of which have a bore of more than
one half inch in diameter, except a shotgun or shotgun shell which
the Secretary or his delegate finds is generally recognized as par-
ticularly suitable for sporting purposes; and (3) any combination
of parts either designed or intended for use in converting any device
into a destructive device as defined in subparagraphs (1) and (2)
and from which a destructive device may be readily assembled. The
term 'destructive device' shall not include any device which is neither
designed nor redesigned for use as a weapon; any device, although
originally designed for use as a weapon, which is redesigned for use
as a signaling, pyrotechnic, line throwing, safety, or similar device;
surplus ordnance sold, loaned, or given by the Secretary of the Army
5402
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
pursuant to the p ovisions of section 4684(2), 4685, or 4686 of title
10 of the United States Code; or any other device which the Secre-
tary of the Treasury or his delegate finds is not likely to be used as
a weapon, or is an antique or is a rifle which the owner intends to
use solely for sporting purposes.
"(g) Antique Firearm.-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 type of ignition system or replica thereof, whether actually
manufactured before or after the year 1898) and also any firearm
using fixed ammunition manufactured 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.
"(h) Unserviceable Firearm.-The term 'unserviceable firearm'
means a firearm which is incapable of discharging a shot by means
of an explosive and incapable of being readily restored to a firing
condition.
"(i) Make.-The term 'make', and the various derivatives of such
word, shall include manufacturing (other than by one qualified to
engage in such business under this chapter), putting together, alter-
ing, any combination of these, or otherwise producing a firearm.
"(j) Transfer.-The term 'transfer' and the various derivatives
of such word, shall include selling, assigning, pledging, leasing, loan-
ing, giving away, or otherwise disposing of.
"(k) Dealer.-The term 'dealer' means any person, not a manu-
facturer importer, engaged in the business of selling, renting, leas-
ing, or loaning firearms and shall include pawnbrokers who accept
firearm collateral for loans.
"(l) Importer.-The term 'importer' means any person who is en-
gaged in Ure business of importing or bringing firearms into the
United States.
"(m) Manufacturer.-The term 'manufacturer' means any person
who is engaged in the business of manufacturing firearms.
"SEC.
5846 OTHER LAWS APPLICABLE.
"All provisions of law relating to special taxes imposed by chapter
51 and to engraving, issuance, sale, accountability, cancellation, and
distribution of stamps for tax payment shall, insofar as not incon-
sistent with the provisions of this chapter, be applicable with respect
to the taxes imposed by sections 5801, 5811, and 5821.
"SEC. 5847. EFFECT ON OTHER LAWS.
"Nothing in this chapter shall be construed as modifying or affect-
ing the requirements of section 414 of the Mutual Security Act of
1954, as amended, with respect to the manufacture, exportation, and
importation of arms, ammunition, and implements of war.
"SEC. 5848. RESTRICTIVE USE OF INFORMATION.
"(a) General Rule.-No information or evidence obtained from an
application, registration, or records required to be submitted or re-
5403
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
tained by a natural person in order to comply with any provision of
this chapter or regulations issued thereunder, shall, except as pro-
vided in subsection (h) of this section, be used, directly or indirectly,
as evidence against that person in a criminal proceeding with respect
to a violation of law occurring prior to or concurrently with the
filing of the application or registration, or the compiling of the rec-
ords containing the information or evidence.
"(b) Furnishing False Information.-Subsection (a) of this sec-
tion shall not preclude the use of any such information or evidence
in a prosecution or other action under any applicable provision of
law with respect to the furnishing of false information.
"SEC. 5849. CITATION OF CHAPTER.
"This chapter may be cited as the National Firearms Act' and any
reference in any other provision of law to the National Firearms
Act' shall be held to refer to the provisions of this chapter.
"PART I-EXEMPTIONS
"Sec. 5851. Special (occupational) tax exemption.
"Sec.
5852. General transfer and making exemption.
"Sec. 5853. Exemption from transfer and making tax available
to certain governmental entities and officials.
"Sec. 5854. Exportation of firearms exempt from transfer tax.
"SEC. 5851. SPECIAL (OCCUPATIONAL) TAX EXEMPTION.
"(a) Business With United States.-Any person required to pay
special (occupational) tax under section 5801 shall be relieved from
payment of that tax if he establishes to the satisfaction of the Secre-
tary or his delegate that his business is conducted exclusively with,
or on behalf of, the United States or any department, independent
establishment, or agency thereof. The Secretary or his delegate may
relieve any person manufacturing firearms for, or on behalf of, the
United States from compliance with any provision of this chapter in
the conduct of such business.
"(b) Application.-The exemption provided for in subsection (a)
of this section may be obtained by filing with the Secretary or his
delegate an application on such form and containing such informa-
tion as may by regulations be prescribed. The exemptions must
thereafter be renewed on or before July 1 of each year. Approval
of the application by the Secretary or his delegate shall entitle the
applicant to the exemptions stated on the approved application.
"SEC. 5852. GENERAL TRANSFER AND MAKING TAX EXEMP-
TION.
"(a) Transfer.-Any firearm may be transferred to the United
States or any department, independent establishment, or agency
thereof, without payment of the transfer tax imposed by section 5811.
"(b) Making by = Person Other Than a Qualified Manufacturer.-
Any firearm may be made by, or on behalf of, the United States, or
any department, independent establishment, or agency thereof, with-
out payment of the making tax imposed by section 5821.
5404
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
"(c) Making by a Qualified Manufacturer.-A manufacturer qual-
ified under this chapter to engage in such business may make the
type of firearm which he is qualified to manufacture without pay-
ment of the making tax imposed by section 5821.
"(d) Transfers Between Special (Occupational) Taxpayers.-A
firearm registered to a person qualified under this chapter to en-
gage in business as an importer, manufacturer, or dealer may be
transferred by that person without payment of the transfer tax im-
posed by section 5811 to any other person qualified under this chap-
ter to manufacture, import, or de in that type of firearm.
"(e) Unserviceable Firearm.-An unserviceable firearm may be
transferred as a curio or ornament without payment of the transfer
tax imposed by section 5811, under such requirements as the Secre-
tary or his delegate may by regulations prescribe.
"(f) Right to exemption.-No firearm may be transferred or made
exempt from tax under the provisions of this section unless the trans-
fer or making is performed pursuant to an application in such form
and manner as the Secretary or his delegate may by regulations
prescribe.
"SEC. 5853. TRANSFER AND MAKING TAX EXEMPTION
AVAILABLE TO CERTAIN GOVERNMENTAL
ENTITIES.
"(a) Transfer.-A firearm may be transferred without the pay-
ment of the transfer tax imposed by section 5811 to any State, posses-
sion of the United States, any political subdivision thereof, or any
official police organization of such a government entity engaged in
criminal investigations.
"(b). Making.-A firearm may be made without payment of the
making tax imposed by section 5821 by, or on behalf of, any State,
or possession of the United States, any political subdivision thereof,
or any official police organization of such a government entity en-
gaged in criminal investigations.
"(c) Right to Exemption.-No firearm may be transferred or made
exempt from tax under this section unless the transfer or making is
performed pursuant to an application in such form and manner as
the Secretary or his delegate may by regulations prescribe.
"SEC. 5854. EXPORTATION OF FIREARMS EXEMPT FROM
TRANSFER TAX
"A firearm may be exported without payment of the transfer tax
imposed under section 5811 provided that proof of the exportation is
furnished in such form and manner as the Secretary or his delegate
may by regulations prescribe.
"Subchapter C-Prohibited Acts
"SEC. 5861. PROHIBITED ACTS.
"It shall be unlawful for any person-
"(a) to engage in business as a manufacturer or importer of,
or dealer in, firearms without having paid the special (occupa-
5405
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
tional) tax required by section 5801 for his business or having
registered as required by section 5802; or
"(b) to receive or possess a firearm transferred to him in vio-
lai on of the provisions of this chapter; or
"(c) to receive or possess a firearm made in violation of the
provisions of this chapter; or
"(d) to receive or possess a firearm which is not registered
to him in the National Firearms Registration and Transfer Rec-
ord; or
"(e) to transfer a firearm in violation of the provisions of this
chapter; or
"(f) to make a firearm in violation of the provisions of this
chapter; or
"(g) to obliterate, remove, change, or alter the serial number
or other identification of a firearm required by this chapter; or
"(h) to receive or possess a firearm having the serial number.
or other identification required by this chapter obliterated, re-
moved. changed, or altered; or
"(i) to receive or possess a firearm which is not identified by
a serial number as required by this chapter; or
"(j) to transport, deliver, or receive any firearm in interstate
commerce which has not been registered as required by this
chapter; or
"(k) to receive or possess a firearm which has been imported
or brought into the United States in violation of section 5844; or
"(l) to make, or cause the making of, a false entry on any
application, return, or record required by this chapter, knowing
such entry to be false.
"Subchapter D-Penalties and Forfeitures
5871. Penalties.
N.Sec. 5872. Forfeitures.
"SEC.
5%
PENALTIES.
"Any who violates or fails to comply with any provision of
this chapter shall, upon conviction, be fined not more than $10,000,
or be imprisoned not more than ten years, or both, and shall become
eligible for parole as the Board of Parole shall determine.
5872. FORFEITURES.
Laws Applicable.-Any firearm involved in any violation of
the provisions of this chapter shall be subject to seizure and for-
feiture, and (except as provided in subsection (b)) all the provisions
of internal revenue laws relating to searches, seizures, and for-
feitures of unstamped articles are extended to and made to apply
to the articles taxed under this chapter, and the persons to whom
this chapter applies.
"(b) Disposal.-In the case of the forfeiture of any firearm by
reason of a violation of this chapter, no notice of public sale shall
be required; no such firearm shall be sold at public sale; if such
5406
Reproduced at the Richard Nixon Presidential Library and Museum
Oct. 22
GUN CONTROL
P.L. 90-618
firearm is forfeited for a violation of this chapter and there is no
remission or mitigation of forfeiture thereof, it shall be delivered
by the Secretary or his delegate to the Administrator of General
Services, General Services Administration, who may order such
firearm destroyed or may sell it to any State, or possession, or
political subdivision thereof, or at the request of the Secretary or
his delegate, may authorize its retention for official use of the
Treasury Department, or may transfer it without charge to any
executive department or independent establishment of the Govern-
ment for use by it."
Sec. 202. The amendments made by section 201 of this title shall
be cited as the "National Firearms Act Amendments of 1968".
Sec. 203. (a) Section 6107 of the Internal Revenue Code of
1954 79 is repealed.
(b) The table of sections for subchapter B of chapter 61 of the
Internal Revenue Code of 1954 is amended by striking out:
"Sec. 6107. List of special taxpayers for public inspection."
Sec. 204. Section 6806 of the Internal Revenue Code of 1954 80
is amended to read as follows:
"SEC. 6806. OCCUPATIONAL TAX STAMPS.
"Every person engaged in any business, avocation, or employment,
who is thereby made liable to a special tax (other than a special
tax under subchapter B of chapter 35, under subchapter B of chapter
36, or under subtitle E) shall place and keep conspiciously in his
establishment or place of business all stamps denoting payment of
such special tax."
Sec. 205. Section 7273 of the Internal Revenue Code of 1954 81
is amended to read as follows:
"SEC. 7273. PENALTIES FOR OFFENSES RELATING TO SPE-
CIAL AXES.
"Any person who fail to place and keep stamps denoting
the payment of the special tax as provided in section 6806 shall be
liable to a pen Ity (not less than $10) equal to the special tax for
which his business rondered him liable, unless such failure is shown
to be due to reasonable cause. If such failure to comply with
section 6806 is through willful neglect or refusal, then the penalty
shall be double the amount above prescribed."
Sec. 206. (a) Section 5692 of the Internal Revenue Code of
1954 82 is repealed.
(b) The table of sections for part V of subchapter J of chapter 51
of the Internal Revenue Code of 1954 is amended by striking out:
"Sec. 5692. Penalties relating to posting of special tax stamps."
Sec. 207. (a) Section 201 of this title shall take effect on the
first day of the first month following the month in which it is
enacted.
(b) Notwithstanding the provisions of subsection (a) or any
other provision of law; any person possessing a firearm as defined
79. 26 U.S.C.A. (I.R.C.1954) § 6107.
81. 26 U.S.C.A. (I.R.C.1954) $ 7273.
80. 26 U.S.C.A. (I.R.C.1954) § 6806.
82. 26 U.S.C.A. (I.R.C.1954) $ 5692.
5407
Reproduced at the Richard Nixon Presidential Library and Museum
P.L. 90-618 LAWS OF 90TH CONG.-2ND SESS.
Oct. 22
in section 5845 (a) of the Internal Revenue Code of 1954 (as amended
by this title) which is not registered to him in the National Fire-
arms Registration and Transfer Record shall register each firearm
SO possessed with the Secretary of the Treasury or his delegate in
such form and manner as the Secretary or his delegate may require
within the thirty days immediately following the effective date of
section 201 of this Act. Such registrations shall become a part of
the National Firearms Registration and Transfer Record required
to be maintained by section 5841 of the Internal Revenue Code of
1954 (as amended by this title). No information or evidence re-
quired to be submitted or retained by a natural person to register
a firearm under this section shall be used, directly or indirectly, as
evidence against such person in any criminal proceeding with
respect to a prior or concurrent violation of law.
(c) The amendments made by sections 202 through 206 of this
title shall take effect on the date of enactment.
(d) The Secretary of the Treasury, after publication in the
Federal Register of his intention to do so, is authorized to establish
such periods of amnesty, not to exceed ninety days in the case of
any single period, and immunity from liability during any such
period, as the Secretary determines will contribute to the purposes
of this title.
TITLE III-AMENDMENTS TO TITLE VII OF THE
OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Sec. 301. (a) Title VII of the Omnibus Crime Control and Safe
Streets Act of 1968 (Public Law 90-351) 83 is amended-
(1) by striking out "other than honorably discharged" in
section 1201,84 and substituting therefor "discharged under
dishonorable conditions"; and
(2) by striking out "other than honorable conditions" in
subsections (a) (2) and (b) (2) of section 1202 35 and substitut-
ing therefor in each instance "dishonorable conditions".
(b) Section 1202(c) (2) of such title 86 is amended to read as
follows:
"(2) 'felony' means any offense punishable by imprisonment
for a term exceeding one year, but does not include any offense
(other than one involving a firearm or explosive) classified
as a misdemeanor under the laws of a State and punishable by
a term of imprisonment of two years or less;".
Sec. 302. The amendments made by paragraphs (1) and (2) of
subsection (a) of section 301 shall take effect as of June 19, 1968.
Approved October 22, 1968.
83. 18 App.U.S.C.A. § 1201 et seq.
85. 18 App.U.S.C.A. § 1202(a) (2), (b)
84. 18 App.U.S.C.A. $ 1201.
(2)
86. 18 App.U.S.C.A. § 1202(c) (2).
5408
Reproduced at the Richard Nixon Presidential Library and Museum