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
258225409
label
Gun Control [1967-68] [2 of 2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
258225409
contentType
document
title
Gun Control [1967-68] [2 of 2]
citationUrl
collections
White House Staff Member and Office Files (Nixon Administration)
Martin Anderson's Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
258225409
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
4eaf22333cad1111
ocrText
NINETIETH CONGRESS
STAFF DIRECTOR:
BESS E. DICK
EMANUEL CELLER, N.Y., CHAIRMAN
MICHAEL A. FEIGHAN, OHIO
WILLIAM M. MC CULLOCH, OHIO
GENERAL COUNSEL:
EDWIN E. WILLIS, LA.
RICHARD H. POFF, VA.
WILLIAM R. FOLEY
PETER W. RODINO, JR., N.J.
ARCH A. MOORE, JR., W. VA.
HOUSE OF REPRESENTATIVES, U.S.
COUNSEL:
BYRON G. ROGERS, COLO.
WILLIAM T. CAHILL, N.J.
GARNER J. CLINE
HAROLD D. DONOHUE, MASS.
CLARK MAC GREGOR, MINN.
HERBERT FUCHS
JACK BROOKS, TEX.
CHARLES MC C. MATHIAS, JR., MD.
COMMITTEE ON THE JUDICIARY
WILLIAM P. SHATTUCK
WILLIAM M. TUCK, VA.
EDWARD HUTCHINSON, MICH.
BENJAMIN L. ZELENKO
ROBERT T. ASHMORE, S.C.
ROBERT MCCLORY, ILL.
WASHINGTON, D.C. 20515
LAW REVISION COUNSEL:
JOHN DOWDY, TEX.
HENRY P. SMITH III, N.Y.
CHARLES J. ZINN
BASIL L. WHITENER, N.C.
WILLIAM V. ROTH, JR., DEL.
ROBERT W. kastenmeier, WIS.
THOMAS J. MESKILL, CONN.
ASSOCIATE COUNSEL:
JAMES c. CORMAN, CALIF.
CHARLES W. SANDMAN, JR., N.J.
DONALD G. BENN
WILLIAM L. ST. ONGE, CONN.
ToM RAILSBACK, ILL.
DONALD E. SANTARELLI
DON EDWARDS, CALIF.
EDWARD G. BIESTER, JR., PA.
FRANKLIN G. POLK
WILLIAM L. HUNGATE, MO.
CHARLES E. WIGGINS, CALIF.
HERBERT TENZER, N.Y.
JOHN CONYERS, JR., MICH.
ANDREW JACOBS, JR., IND.
JOSHUA EILBERG, PA.
October 19, 1967
Miss Agnes Waldron
1701 Pennsylvania Avenue
Room 400
Washington, D.C.
Dear Agnes:
Enclosed is a copy of a comparative chart by the Library
of Congress that I commissioned. It shows the latest
Celler amendments to his original bill that he is
now offering, in what he calls a "compromise" to the
Biester approach. As you can see, it is very little
different from the original bill except that it pro-
vides a State veto from the provisions of his bill
applicable to long guns (rifles, shotguns) only.
Mr. Biester has offered to amend his bill as I have
marked in pencil on the analysis of H.R. 11887. This
correction does not appear in the actual bill.
Also enclosed is a copy of a brief analysis prepared
by the majority of the Celler bill prior to his latest
amendment.
Sincerely,
D
Donald E. Santarelli
Minority Counsel
P.S. The Celler "substitute" has not been introduced as
a bill, and is informally pending in Sub 5.
DES:MJ
Enclosures
Reproduced at Richard Nixon Library and Museum
UC 460 B
Ed-244
THE LIBRARY OF CONGRESS
Legislative Reference Service
COMPARISON OF MAJOR PROVISIONS OF H.R. 5384 (ADMINISTRATION FIREARMS CONTROL BILL),
H.R. 11887, AND THE "CELLER AMENDMENT" (AN AMENDMENT IN THE NATURE OF A SUBSTITUTE
FOR H.R. 5384)
H.R. 5384 - (Rep. Celler);
S. Amendment no. 90 (Senator Dodd and others)
H.R. 11887 (Reps. Biester and Railsback)
Celler Amendment
Amends title 18, U.S. Code, by adding a
Same, but with respect to "destructive
Same as H.R. 5384.
new chapter (44) on firearms. Repeals the
devices" amends the National Firearms Act
Federal Firearms Act (15 U.S.C. 901-909).
(26 U.S.C. 5801-5862).
Definitions
"Sec. 921"
"Sec. 921" (unless otherwise noted)
"Sec. 925"
Defines "firearm" to include destructive
Limits definition of "firearm" to "any
Maintains present Federal Firearms
devices, mufflers, and silencers. (a) (3)
weapon. by whatsoever name known, which
Act definition of "firearm," which
will or is designed to, or which may be
is like that of H.R. 11887 except that
[Note: The inclusion of "destructive
readily converted to, expel a projectile or
it includes "any part or parts of such
devices" in the definition of "firearm"
projectiles by the action of an explosive or
weapon," silencers, and mufflers.
makes all provisions of the proposed new
the frame or receiver of any such weapon."
Does not include "destructive devices"
chapter of title 18 applicable to such
[(a) (4)
within the definition of firearms, but
devices as well as to the kinds of
provides separate definition. [(a)]
weapons presently regulated by the Federal
[Note: With respect to destructive
Firearms Act. In addition, the bill
devices, the pertinent provisions of
contains several provisions which apply
the bill (Secs. 6-15) represent a formal
only to destructive devices.
approach different from that of H.R. 5384.
Instead of including all such devices as
Note: For the sake of clarity, most section references are to the proposed sections of the appropriate title of the
Code and are indicated thus: "Sec. 2(a)". Citations not enclosed by quotation marks refer to sections of
the bills themselves.
Reproduced at Richard Nixon Library and Museum
LRS-2
H.R. 5384
H.R. 11887
Celler Amendment
It should be noted that a number of
firearms which would be regulated under
destructive devices, as defined in the
the proposed new chapter of title 18,
bill, fall within the scope of the
H.R. 11887 would bring them under the
present Federal Firearms Act definition
provisions of the existing National
of "firearm." Such devices as mines,
Firearms Act (chapter 53 of title 26,
grenades, and bombs would not be covered
U.S. Code) for the special controls pro-
by that definition, however. ]
vided by the act. However, it should be
noted that any destructive device which
falls within the definition of "firearm" as
provided above would also be subject to
the regulations contained in the proposed
new chapter of title 18 - just as the
weapons presently regulated under the
National Firearms Act are also subject
to provisions of the Federal Firearms Act. ]
Specifically defines "destructive
Defines "destructive device" (in a section
Same as H.R. 5384 except for
device" to mean:
of the bill which would amend the National
omission of reference to "poison
Firearms Act) to mean:
gas. [(i)]
(1) any explosive, incendiary, or
(1) any explosive or incendiary -
poison gas --
bomb,
bomb,
grenade,
grenade,
rocket,
rocket having a propellant charge
of more than four ounces,
Reproduced at Richard Nixon Library and Museum
LRS-3
H.R. 5384
H.R. 11887
Celler Amendment
missile,
missile,
mine, or
mine, or
similar device;
similar device;
or
or
(2) any type of weapon which will or is
(2) any type of weapon which will (or
designed to or may be readily
may be easily converted to) expel a pro-
converted to expel a projectile by
jectile by the action of an explosive,
the action of an explosive and
the barrel or barrels of which have
having any barrel with a bore of one-
a bore of more than 0.78 inches in
half inch or more in diameter. [(a)(4)]
diameter;
or
(3) any combination of parts designed and
intended for use in converting any
device into a destructive device.
[Sec. (a) (3)]
Specifically excludes from the definition of
Similar provision except that also excluded
Similar excluding provisions to
"destructive device":
are:
those of H.R. 5384 but simplified
to read:
(1) a device which is not designed or
(1) pyrotechnic devices,
(1) "a device which is not de-
redesigned or used or intended for
signed or redesigned or used
use as a weapon; or
or intended for use as a
(2) any device, although originally
(2) any shotgun or rifle,
weapon";
designed as a weapon, which is
redesigned so that it may be used
(2) "any shotgun or any rifle
solely as a signaling, linethrowing,
generally recognized as suitabl
safety or similar device; or
for sporting purposes"; or
Reproduced at Richard Nixon Library and Museum
LRS-4
H.R. 5384
H.R. 11887
Celler Amendment
(3) any shotgun other than a short-
(3) any firearm designed for use
barreled shotgun; or
with black powder, regardless of
when manufactured,
(4) any nonautomatic rifle (other than
(4) any device which the Secretary of
a short-barreled rifle) generally
the Treasury finds is used
recognized or particularly suitable
exclusively by the United States or
for use for the hunting of big
any department or agency thereof.
game; or
[Sec. 10(a) (3)]
(5) surplus obsolete ordinance sold, loaned,
or given by the Secretary of the
Army pursuant to the provisions of
sections 4684(2), 4685, or 4686 of
title 10, United States Code; or
(6) any other device which the Secretary
finds is not likely to be used as a
(3) "any device the Secretary finds
weapon. [(b)(2)]
is not likely to be used as a
weapon." [(i)]
Defines "ammunition" as including only
No similar provision. Both H.R. 5384
Maintains present Federal Firearms Act
ammunition for a destructive device.
and H.R. 11887 would lift all present
definition of "ammunition," which includes
[(a)(16)]
Federal Firearms Act restrictions on the
only pistol or revolver ammunition. [(f)]
transporting, shipping, or receiving of
[Note: Although, like H.R. 5384 and
ammunition (except destructive device
H.R. 11887, the substitute amendment to H.R. 5384
ammunition, under H.R. 5385) in inter-
would do away with the present Federal Firearms
state or goreign commerce.
Act requirement that any manufacturer or dealer
transporting, shipping or receiving ammunition
in interstate commerce be Federally licensed, it
would retain present restrictions against the
sending or receiving of stolen ammunition and the
sending of ammunition to or the receipt of ammu-
nition by a person under indictment for or con-
victed of a crime punishable by imprisonment for
a term exceeding one year, or a fugitive from
justice.
Reproduced at Richard Nixon Library and Museum
LRS-5
H.R. 5384
H.R. 11887
Celler Amendment
Defines "short-barreled shotgun" and
No similar definitions. Relies on the
No similar definitions.
"short-barreled rifle" (to provide for
National Firearms Act for the special
special regulation). (a) (6) and (a) (8)
regulation of these weapons.
Defines "importer" specifically.
Includes the business of importing as an
Same as H.R. 11887. ["Sec. 925(c)"]
(a) (9) ]
activity engaged in by a "manufacturer,"
as defined. (a) (6) ]
Defines "pawnbroker" (to provide for
Same, except - contains no reference to
No similar definition. Pawnbroker is
special regulation). (a) (12)
"ammunition." (a) (8) ]
covered by definition of "dealer"
(Sec. 925 (d)").
Contains no "crime of violence" defini-
Defines "crime of violence" since certain
tion, as in H.R. 11887. In comparable
transactions prohibited under the Act affect
Same as H.R. 5384
sections of the Act, directs prohibitions
persons convicted of, under an indictment
against persons convicted of, under
for, or fleeing to avoid prosecution for
indictment for, or fleeing to avoid
such a crime. (a) (10)
prosecution for "a crime punishable by
imprisonment for a period of one year,"
but excludes such crimes as antitrust
violations and unfair trade practices
(see (b) (3)).
Defines "antique firearm" as meaning
No similar provision, but defines
No similar provision.
any firearm (with certain exceptions) of
"firearm" so that weapons manufactured
a design used before the year 1870 or
prior to the year 1899 are excluded from
replica thereof (to provide for the
the terms of the Act. (a) (4)
exclusion of such firearms from the
terms of the Act). (a) (15)
Reproduced at Richard Nixon Library and Museum
LRS-6
H.R. 5384
H.R. 11887
Celler Amendment
UNLAWFUL ACTS
Prohibits any person from engaging in
Prohibits, as does existing law, any
Same as H.R. 5384 except that
the business of importing, manufacturing,
manufacturer or dealer except one licensed
reference to "ammunition" is
under the provisions of the Act from trans-
omitted. ["Sec. 921(a)"]
or dealing in firearms or ammunition (for
a destructive device) except a person
porting, shipping, or receiving any firearm
licensed by the U.S. Secretary of the
in interstate or foreign commerce.
Treasury as required by the Act. Includes
["Sec. 922(a)"]
intrastate business as well as interstate.
["Sec. 922(a) " and "Sec. 923"]
Same as H.R. 5384 except that also
Prohibits the interstate mail-order
Regulates the interstate mail-order sale
exempt from the prohibition would be t'
sale of all firearms through a ban on
of handguns to unlicensed individuals.
interstate mail-order sale of a long
shipment and transportation to unlicensed
Requires, in the case of such transactions:
gun to a resident of any State which
individuals. ["Sec. 922(a)(2)']
enacts a statute providing that not-
Along with other exceptions to the
1) that the individual receiving the
withstanding the Federal prohibition,
prohibition, includes shipment and
handgun be at least 21 years of age,
long guns may be shipped or transporte
to purchasers within that State. Pro-
transportation of a rifle or shotgun
vides that the Secretary of the
to an individual who in person upon
2) that written notice be submitted to
the licensee's business premises
the carrier transporting or shipping the
Treasury must be notified of the enact
handgun that such handgun is being trans-
ment of any such statute and that such
purchases such rifle or shotgun.
notification be published in the
["Sec. 922(a)(2)(C)"]
ported or shipped,
Federal Register. ['Sec. 921(a) (4) "]
Reproduced at Richard Nixon Library and Museum
LRS-7
H.R. 5384
H.R. 11887
Celler Amendment
3) that a sworn statement by the would-be
recipient of the handgun be submitted to
the manufacturer or dealer. Statement
must contain the following information:
(a) that the would-be recipient is
21 years of age or older,
(b) that the would-be recipient is
not a person prohibited by the Act
from receiving a handgun in inter-
state commerce,
(c) that the would-be recipient is not
and has not been at any time in the
preceding 5 years an unlawful user of
or addicted to -
marihuana,
any depressant or stimulant
drug (as defined in the Federal Food,
Drug, and Cosmetic Act), or
a narcotic drug,
(d) that the would-be recipient has never
been convicted of the unlawful sale, possession,
or use of any of the above drugs,
Reproduced at Richard Nixon Library and Museum
LRS-8
H.R. 5384
H.R. 11887
Celler Amendment
(e) that the would-be recipient is not
and has never been adjudicated in any
court as a mental defective, and that
he has never been committed under a
court order to any mental institution.
(f) that there are no provisions of
State or local law (in the would-be
recipient's place of residence) which
would be violated by the receipt or
possession of a handgun,
(g) the title, name and official
address of the principal law enforce-
ment officer of the locality to which
the handgun will be shipped.
4) that the individual receiving the hand-
gun attach to the sworn statement:
(a) a true copy of any permit required
by the State or locality of his residence,
(b) a statement made by the authority
responsible for the issuing of a permit
required by such State statute or published
ordinance that the permit has been issued,
Reproduced at Richard Nixon Library and Museum
LRS-9
H.R. 5384
H.R. 11887
Celler Amendment
5) that prior to shipment, the manufacturer
or dealer forward by registered or certi-
fied mail (return receipt requested) to
(A) the local law enforcement officer
named in the sworn statement, or (B) an
official designated by the Governor of the
State concerned, a description of the
handgun to be shipped (including the manu-
facturer, the caliber, the model and type,
but not including serial number identifica-
tion), and one copy of the sworn statement;
and that he, the licensee, receive a return
receipt evidencing delivery of such letter
or the returned letter with evidence of
the law enforcement officer's refusal to
accept it,
and
that a period of 7 days elapse from the time
of delivery of such return receipt or notice
of refusal before shipment is made, and
Reproduced at Richard Nixon Library and Museum
LRS-10
H.R. 5384
H.R. 11887
Celler Amendment
6) that copies of sworn statements and
return receipts or notices of refusal be
kept by licensees. ["Sec. 922(m)"]
[Also contains provisions permitting the
Governor of any State to designate any
official to receive the notification of
shipment required above. Provides for
certain administrative procedures in
relation to this. ]
Prohibits any person not licensed under
Prohibits, as does existing law, any
Directs prohibition specifically to
the Act from transporting into or
person from receiving any firearm trans-
handguns instead of to "any firearm,
receiving in the State where he resides
ported or shipped in interstate or foreign
other than a shotgun or rifle," thereb
any firearm purchased or otherwise obtained
commerce by a manufacturer or dealer not
excluding from coverage all National
by him outside that State except a rifle
licensed under the provisions of the Act.
Firearms Act weapons unless possession
or a shotgun if it is not unlawful for
["Sec. 922(b)"]
of such weapons is prohibited by State
him to purchase or possess a rifle or
or local law [see below: "Sec. 924
shotgun in the State, or political sub-
Prohibits any person from transporting
(1) and provides for exception in
division thereof, wherein he resides.
into or receiving in the State where he
the case of transport, shipping or
["Sec. 922(a)(3)"]
resides a firearm purchased or otherwise
receipt of a handgun which is lawfully
obtained by him outside that State if it
acquired as a gift, devise or bequest.
[Note: It apparently would not be
would be unlawful for him to possess such
["Sec. 924(g)"] In separate subsectio
unlawful to receive a rifle or shotgun
firearm in such State (or political sub-
prohibits--as does H.R. 11887--any
sent in violation of the prohibition against
division thereof). ["Secs. 922(p) and (q)"]
person from transporting or shipping
into, or receiving in the State where
he resides any firearm purchased or
otherwise obtained by him outside that
State if it would be unlawful for him
to possess the firearm in that State
or the political subdivision thereof
wherein he resides. ["Sec. 924(i)"]
Reproduced at Richard Nixon Library and Museum
LRS-11
H.R. 5384
H.R. 11887
Celler Amendment
mail-order shipment and trans-
Prohibits - in an amendment to the
Prohibits any person not licensed
portation if no State or local law
National Firearms Act - any person from
under the Act from transporting or
of the recipient's place of
possessing in the State or locality where
shipping a destructive device in inter-
residence were violated--unless it
he resides any firearm as defined in that
state commerce.
be held that such receipt would con-
Act (which would include "destructive
[Note: It apparently would not be
stitute aiding and abetting in the
devices") purchased or otherwise obtained
unlawful to receive such a device un-
commission of an offense against the
outside that State if it would be unlawful
less it be held that such receipt
United States, under 18 U.S.C. sec. 2.]
for him to possess the firearm in the
would constitute aiding and abetting
State or locality. [Sec. 12(a)]
in the commission of an offense against
the United States, under 18 U.S.C.
Prohibits transport in interstate or
No similar provision.
sec. 2.]
foreign commerce by unlicensed persons of
any destructive device, machine gun,
Prohibits transport or shipping in inte:
short-barreled rifle, or short-barreled
state or foreign commerce of any destructi
shotgun, except as authorized specifically
device (other than as authorized by regu-
by the Secretary. ["Sec. 922(a)(4)"]
lations issued by the Secretary) but permi
such transport or shipping by a person
licensed under the Act to engage in busine
as a manufacturer of, or dealer in, destru
tive devices to another such licensee. ["S.
922(a)"]
[Note: The amendment contains no specia
provisions for National Firearms Act
weapons.]
Reproduced at Richard Nixon Library and Museum
LRS-12
H.R. 5384
H.R. 11887
Celler Amendment
Prohibits any person from transferring,
Prohibits licensees from shipping or
Prohibits any person from shipping or
selling, trading, giving, transporting, or
transporting handguns in interstate
transporting a handgun to a person in
delivering to any non-resident (State),
commerce to any unlicensed person unless
another State. Excludes from the prohi-
unlicensed person of any firearm - except
they have received a sworn statement
bition:
a shotgun or rifle if it would not be
from the prospective recipient that he
unlawful for the transferee to purchase
is not prohibited by Federal, State, or
(1) shipment or transport by one
or possess such a shotgun or rifle in his
local law from receiving or possessing
licensee to another,
own State of residence.
the handgun.
["Sec. 922(a)(5)"]
["Sec. 922(m)(1)"]
(2) shipment or transport into his
State of residence by a person
Prohibits licensees from shipping or
who lawfully acquires the handgun
transporting any firearm in interstate
by gift, devise, or bequest in
commerce to any person in any State
another State.
where the receipt or possession of the
firearm by such person would violate
["Sec. 924(j)"]
any statute of that State. ["Sec. 922 (c)
Prohibits licensees from shipping or
transporting any firearm in interstate
commerce to any person in any political
subdivision of a State where the receipt
or possession of the firearm by such
person would be in violation of any
applicable ordinance of that subdivision
which has been published in the Federal
Register at least 6 months prior to the
date of shipping or transporting. ["Sec. 922(d)"]
[Provides for certain administrative
procedures with regard to the publi-
cation of a list of such ordinances
Reproduced at Richard Nixon Library and Museum
LRS-13
H.R. 5384
H.R. 11887
Celler Amendment
in the Federal Register by the
Secretary of the Treasury and the
distribution of such list to
licensees.
]
Prohibits, in connection with the
Similar provision. ["Sec. 922(o)"]
Similar provision. ["Sec. 923(a)"]
acquisition or attempted acquisition of
any firearm from a licensee, the making
of false statements or practice of any
kind of deceit (knowingly).
["Sec. 922(a)(6)"]
Prohibits licensees, in intrastate as
Same as H.R. 5384, except:
well as in interstate dealings, from:
1) Making an over-the-counter sale of any
Requires that licensees identify non-
firearm without identification (and
resident purchasers of handguns in
without keeping a record of such) of the
over-the-counter transactions (see
purchaser.
below).
2) Selling handguns over-the-counter to
No similar provision.
persons under 21 years of age.
3) Selling shotguns or rifles over-the-
No similar provision.
counter to persons under 18 years of
age.
Reproduced at Richard Nixon Library and Museum
LRS-14
H.R. 5384
H.R. 11887
Celler Amendment
4) Selling any firearm, except a shotgun
Prohibits licensees from selling
or rifle, to an unlicensed person not
a handgun to an unlicensed person
resident in the State wherein licensee's
not resident in the State wherein
business is located.
a licensee's business is located
unless:
1) a sworn statement is submitted by
purchaser containing the same inform-
ation required of the mail-order
purchaser of a handgun,
2) the sworn statement is forwarded
by registered or certified mail
(return receipt requested) to the
local law enforcement officer named
therein, containing a full description
(excluding serial number) of the
handgun to be sold,
3) he, the licensee, has received a
return receipt attesting to the
delivery of the above letter or U.
letter itself with evidence that
it was returned because of the refusal
of the local law enforcement officer
to accept it, and
Reproduced at Richard Nixon Library and Museum
LRS-15
H.R. 5384
H.R. 11887
Celler Amendment
4) a period of 7 days has elapsed sub-
sequent to delivery of the return
receipt or notice of refusal.
["Sec. 922(n)"]
5) Selling to an unlicensed person any
No similar provision.
contains no reference, as does H.R.
destructive device, machine gun, short-
5384, to National Firearms Act
barreled shotgun, or short-barreled rifle
weapons.
unless he possesses a sworn statement
executed by the principal law enforcement
officer of his place of residence attesting
["Secs. 921(c)(5); 921(d)(1) and (2);
to lawfulness of possession and of the
922(b)"]
purchaser's intentions. ["Sec. 922(b)"]
Prohibits licensees from selling or
Prohibits, under same circumstances
Same as H.R. 5384.
otherwise disposing of any firearm or
except for difference noted below, only
ammunition to any person, knowing or having
the shipment or transportation of a
reasonable cause to believe that such
firearm in interstate commerce to such
person is:
persons; but prohibition is general, not
limited to licensees.
1) a fugitive from justice,
2) under indictment, or
3) has been convicted in any court of
Substitutes "crime of violence" for
a crime punishable by imprisonment for
"crime punishable by imprisonment for a
a term exceeding one year. ["Sec. 922
term exceeding one year. " ["Sec. 922(e)"]
(c)"]
Reproduced at Richard Nixon Library and Museum
LRS-16
H.R. 5384
H.R. 11887
Celler Amendment
Prohibits any common or contract carrier
Places specific burden on carriers only
Contains no provisions specially
from transporting or delivering in inter-
in the case of delivery of handguns, in
pertaining to common or contract
state commerce any firearm in violation of
interstate commerce, to persons under 21
carriers.
provisions of the Act (with knowledge or
years of age. General prohibitions on
"reasonable cause"). ["Sec. 922(d)"]
transporting would presumably apply also
to carriers. ['Sec. 922(1)"]
Prohibits any person from shipping or
Similar provisions pertaining to fire-
Same as H.R. 5384 except that
transporting firearms or ammunition in
arms, but substitutes "crime of violence"
"ammunition" does not include destruc-
interstate or foreign commerce, or
for "crime punishable by imprisonment" for
tive device ammunition (most of which,
receiving same if they have been shipped
a term exceeding one year. " ["Secs. 922
however, would fall within the defi-
in interstate commerce, if he:
(f) and (g)"]
nition of "destructive device").
["Sec. 924(a)(b)(c)"]
1) is a fugitive from justice,
2) is under indictment, or
3) has been convicted in any court of
a crime punishable by imprisonment for
a term exceeding one year. ["Sec. 922
(e) and (f)"]
Prohibits any person from (knowingly)
Similar provision (firearms only).
Same as H.R. 5384 except for above-
transporting or shipping in interstate
["Sec. 922(h)"]
noted qualification concerning ammu-
or foreign commerce any stolen firearm
nition. ["Sec. 924(d)"]
or ammunition. ["Sec. 922(g)"]
Reproduced at Richard Nixon Library and Museum
LRS-17
H.R. 5384
H.R. 11887
Celler Amendment
Prohibits any person from (knowingly)
Identical provision except for omission
Same as H.R. 5384 (see above quali-
receiving, concealing, storing, bartering,
of reference to "ammunition." ["Sec. 922
fication concerning ammunition). ["Sec
selling, or disposing of (or pledging
(i)
924(e)"]
or accepting as security for a loan) any
stolen firearm or ammunition "moving as
or which is a part of or which constitutes
interstate or foreign commerce."
["Sec. 922(h)"]
Prohibits any person from (knowingly)
Identical provision except for omission
Same as H.R. 5384. ["Sec. 924(f)"]
transporting, shipping, or receiving
of reference to "importer." ["Sec. 922
in interstate or foreign commerce any
(j)"]
firearm from which the importer's or
manufacturer's serial number has been
removed, obliterated, or altered.
["Sec. 922(i)"]
No similar provision.
Prohibits manufacturers and dealers from
No similar provision.
(knowingly) delivering to any common or
contract carrier, for transportation to
persons other than licensees, any package
in which there is a handgun without
written notice to the carrier. ["Sec. 922
(k) ]
Reproduced at Richard Nixon Library and Museum
LRS-18
H.R. 5384
H.R. 11887
Celler Amendment
Prohibits any person from (knowingly)
No similar provision.
No similar provision.
importing or bringing into the United
States or any possession thereof any fire-
arm or ammunition except as authorized by
the Secretary of the Treasury, who may
exempt from the prohibition certain
kinds of firearms, such as unserviceable
curios or museum pieces and firearms
"generally recognized as particularly
suitable for or readily adaptable to
sporting purposes." The Secretary may
also exempt firearms to be brought in
for purposes such as scientific and
research purposes, or a firearm which
was previously taken out of the U.S.
by the person who is bringing it in.
["Sec. 922(j)" and "Sec. 925(a)"]
Prohibits any person from (knowingly)
No similar provision.
No similar provision.
receiving any firearm or ammunition
which has been imported or brought into
the United States or any possession
thereof in violation of provisions of
the act. ["Sec. 922(j)"]
Prohibits licensees from falsifying
Requires licensees to maintain records
Requires licensees to maintain recor
the records required under the Act,
in accordance with regulations prescribed
in accordance with regulations prescri
and from failing to keep such records
by the Secretary. ["Sec. 923(d)"]
by the Secretary and provides a special
properly. ["Sec. 922(k)"]
penalty (see penalty section) for the
making of any false statement or repre
sentation with respect to the informat
required to be kept in such records.
["Secs. 921 (c) (2) and 923(a)"]
Reproduced at Richard Nixon Library and Museum
LRS-19
H.R. 5384
H.R. 11887
Celler Amendment
LICENSING
Requires all persons engaging in busi-
Requires only those manufacturers or
Same as H.R. 5384. ["Sec. 921(a)"]
ness as firearms manufacturers, dealers,
dealers who transport, ship, or receive
or importers to have a license issued
firearms in interstate or foreign
by the Federal Government. ["Sec. 922
commerce to be Federally licensed.
(a) (1) and "Sec. 923(a)"]
["Sec. 923 (a)"]
Provides that application for license
Similar provision. ["Sec. 923(a)"]
Similar provision. ["Sec. 921(a)"]
shall be in such form and contain such
information as the Secretary of the
Treasury may prescribe. ["Sec. 923(a)"]
Requires license fees as follows:
1) Manufacturer and importer -
a) of destructive devices and/or
ammunition - $1,000 per year;
No similar provision - but, by bringing
Same as H.R. 5384 except:
"destructive devices" under controls of
National Firearms Act, would require an
Contains no reference to ammunition.
occupational tax of $500 per year.
Most ammunition for destructive devices
would per se fall within the definition
of "destructive device." Definitions
b) of other firearms - $500 per year.
$50 per year.
of "manufacturer" and "dealer" would
include makers of, importers of, and
dealers in pistol and revolver ammunition
Reproduced at Richard Nixon Library and Museum
LRS-20
H.R. 5384
H.R. 11887
Celler Amendment
2). Dealer -
a) in destructive devices and/or
No similar provision - but, by bringing
ammunition - $1,000 per year;
"destructive devices" under controls of
National Firearms Act, would require an
occupational tax of $200 per year for a
dealer and $300 per year for a pawnbroker.
b) if pawnbroker dealing in firearms
$50 per year.
contains no special provision relating
other than destructive devices -
to pawnbrokers.
$250 per year;
c) not dealing in destructive devices
Same.
$10 per year, including initial year.
and not a pawnbroker - $25 for
the initial year and $10 per year
thereafter. ["Sec. 923(a)"]
["Sec. 923(a)"]
["Sec. 921(a)"]
Requires that licensees:
1) be at least 21 years of age;
Same.
Same.
2) not be prohibited by the provisions of
Same as H.R. 5384.
Does not make the second two stipula-
the Act from engaging in any form of
tions; requires only that applicant not
interstate commerce relative to firearms,
be a person prohibited by the provisions
not be a person unlikely "to commence
of the Act from engaging in any form of
business operations during the term of the
commerce relative to firearms.
annual license applied for", and not be
unlikely "to maintain operations in com-
pliance with the provisions of the Act";
Reproduced at Richard Nixon Library and Museum
LRS-21
Celler Amendment
H.R. 5384
H.R. 11887
3) not be guilty of willfully violating
No similar provision.
No similar provision.
any of the provisions of the Act or of
regulations issued thereunder,
4) not be guilty of willfully failing
Same.
No similar provision, but provides
to disclose any material information
penalty (see penalty section) for such
required, or of making a false statement
acts.
as to any material fact in connection
with the application, and
5) not be a person who does not have,
No similar provision, but requires
No similar provision.
(see above) that the applicant be likely
or does not intend to have or to
to commence business and to maintain such
maintain in a State or possession,
business operation in compliance with law.
business premises for the conduct of
business. ["Sec. 923(c)"]
["Sec. 923(b)"]
["Sec. 921(b)"]
Requires licensees to maintain such
States only that licensees shall
records of their transactions as the
maintain such records of their trans-
Similar to H.R. 5384.
Secretary of the Treasury may by regula-
actions as the Secretary may by regu-
tions prescribe and that they make these
lation prescribe. ["Sec. 923(a)"]
records available for inspection at all
reasonable times, and
Provides that the Secretary may, upon
request of any State, possession, or any
political subdivision thereof, make
available to the requester any information
acquired by him as a result of the pro-
visions of the Act with respect to identi-
fication of persons and description of
firearms and ammunition. ["Sec. 923(a)"]
Reproduced at Richard Nixon Library and Museum
LRS-22
H.R. 5384
H.R. 11887
Celler Amendment
Contains exempting provision, similar to
Exempts licensees under indictment for
Same as H.R. 5384.
that of H.R. 11887, under "Sec. 925(b)" but
a crime of violence from the prohibitions
substitutes "crime punishable by imprison-
against shipping, transporting, or
ment for a term exceeding one year" for
receiving firearms in interstate commerce,
"crime of violence."
provided such licensees notify the
Secretary within thirty days of indict-
ment. ["Sec. 923(c)"]
Requires importers and manufacturers to
No similar provision.
Same as H.R. 5384.
identify, as the Secretary may prescribe,
each firearm imported or manufactured.
["Sec. 923(f)"]
No provision similar to that of
Prohibits - in an amendment to the
No similar provision.
H.R. 11887.
National Firearms Act - possession by
any person under 21 years of age of a
firearm covered by the provisions of
that act (which, as amended by H.R. 11887,
would include destructive devices).
Reproduced at Richard Nixon Library and Museum
LRS-23
H.R. 5384
H.R. 11887
Celler Amendment
PENALTIES
Provides penalties for violation of
Provides penalties of not
Provides penalties as follows:
provisions of the Act of not more than
more than $10,000 and/or
$5,000 and/or not more than 5 years
not more than 10 years
(1) For violation of provisions of the
imprisonment. ["Sec. 9?4(a)"]
imprisonment. ["Sec. 925
Act - not more than $10,000 and/or
(a)"] Amends National
not more than 5 years imprisonment.
Firearms Act to provide
["Sec. 923(b)"]
same penalties ($10,000
and/or not more than 10
(2) For knowingly making any false state-
years imprisonment) for
ment or representation with respect to
violation of that act
the information required by the pro-
(which would, as provided
visions of the Act to be kept in the
by H.R. 11887, include
records of a licensee, or in applying for
violations with respect to
any license or exemption or relief from
destructive devices). [Sec.
disability - not more than $5,000
13]
and/or not more than 2 years imprison-
ment. ["Sec. 923(a)"]
Provides that whoever, with intent to
No similar provision.
commit therewith an offense punishable
by imprisonment for a term exceeding
one year, or with knowledge or reasonable
Similar provision. ["Sec. 924(h) and
cause to believe that such an offense is to
923(b)"]
be committed therewith, ships, transports,
or receives a firearm in interstate or
foreign commerce, shall be fined not more
than $10,000 or imprisoned not more than
ten years or both. ["Sec. 924(b)"]
Reproduced at Richard Nixon Library and Museum
LRS-24
H.R. 5384
H.R. 11887
Celler Amendment
Provides for seizure and forfeiture of
Similar provision, but does not in-
Same as H.R. 5384. ["Sec. 923(c)"]
any firearm involved in a violation of the
clude reference to "any other criminal
provisions of the Act, or a rule er regu-
law of the United States." ["Sec. 925(b)"]
lation promulgated thereunder. Also pro-
(National Firearms Act presently has
vides for same in the case of violation of
similar provision with respect to any
"any criminal law of the United States."
firearm covered by that act which is in-
["Sec. 924(c)"]
volved in a violation of its provisions.)
EXCEPTIONS: RELIEF FROM DISABILITIES
Provides that the Act shall not apply
Similar provision, but also includes,
to transactions in which & firearm or
as excepted persons or groups:
Same as H.R. 11887. ["Sec. 926"]
ammunition is imported for, sold or shipped
to, or issued for the use of the United
1) duly commissioned officers or agents
States or any department or agency there-
of the United States, a State, or polit-
of; or any State or possession, or any
ical subdivision thereof,
department, agency, or political sub-
division thereof. ["Sec. 925(a)"]
2) any bank, common or contract carrier
express company, or armored-truck company
organized and operating in good faith for
the transportation of money and valuables,
which is granted an exemption by the
Secretary; or
3) any research laboratory designated as
such by the Secretary. ["Sec. 924(a)(1)"]
Reproduced at Richard Nixon Library and Museum
LRS-25
H.R. 5384
H.R. 11887
Celler Amendment.
Provisions similar to that of H.R.
Provides that provisions of the Act con-
Same as H.R. 11887. ["Sec. 926"]
11887 with respect to antique firearms,
cerning transportation, shipment, or re-
under "Sec. (b) (1) of Definition sec-
ceipt will not apply in the case of antique
tion (excluding such firearms from the
or unserviceable firearms possessed and held
scope of the definition), and with res-
as curios or museum pieces. ["Sec. 924(a)(2)"]
pect to importation of unserviceable
firearms, under "Sec. 925(d)(2). "
No provision similar to that of H.R.
Provides that nothing in the Act shall be
Same as H.R. 11887. ["Sec. 926"]
11887.
construed to prevent shipments of firearms
to institutions, organizations, or persons
to whom firearms may be lawfully delivered
by the Secretary of Defense or his designee,
nor to prevent the receipt or transportation
of such firearms by their lawful possessors
while they are engaged in military training
or in competitions. ["Sec. 924(b)"]
Provides for procedures for removing
No similar provision.
Same as H.R. 5384. ["Sec. 928"]
disabilities in the case of persons con-
victed of a crime punishable by imprison-
ment for one year [other than a crime in-
volving use of a firearm or other weapon
or violation of (this) Act or of the
National Firearms Act]. ["Sec. 925(c)"]
Reproduced at Richard Nixon Library and Museum
LRS-26
H.R. 5384
H.R. 11887
Celler Amendment
- Provides the Secretary of the Treasury
No similar provision.
No similar provision.
with authority to authorize importation of
the following types of firearm into the
U.S. or its possessions;
1) one being imported for scien-
tific or research purposes or for
use in connection with competition
or training pursuant to chapter
401 of title 10 of the U.S. Code.
2) an unserviceable firearm (other
than a machine gun) brought in as
a eurio or. museum piece,
3) one which is generally recognized
as particularly suitable for or
readily adaptable to sporting pur-
poses, and in the case of surplus
military firearms as a rifle or
shotgun, or
4) one which was previously taken out
of the U.S. or possession by the per-
son bringing in the firearm.
Reproduced at Richard Nixon Library and Museum
LRS-27
H.R. 5384
H.R. 11887
Celler Amendment
ADDITIONAL AMENDMENTS TO THE NATIONAL FIREARMS ACT
No provision similar to that of
Provides that the application form presently
No similar provisions.
H.R. 11887.
required by the National Firearms Act from any
person seeking to obtain by transfer a firearm
covered by the act shall include the applicant's
age. [Sec. 7 (a) (2)
"
Provides that one copy of the above applica-
tion form must be sent to the purchaser's
local police chief. [Sec. 7(a) (3)]
Provides that any person intending to make
a firearm covered by the act shall include his
age in the declaration he is presently required
to submit to the Secretary of the Treasury.
[Sec. 7 (b) (1)]
"
Provides that one copy of the above
declaration must be sent to the would-
be maker's local police chief. [Sec. 7(b)
(2)]
"
Expands firearm identification provision of
the act to include firearms not having serial
numbers by requiring identification as the
Secretary may prescribe. [Sec. 9]
Reproduced at Richard Nixon Library and Museum
LRS-28
H.R. 5384
H.R. 11887
Celler Amendment
"
Expands definition of "machine gun"
to include weapons which can be readily
restored to shoot automatically, machine
gun frames or receivers, and parts for
conversion of weapons to machine guns.
[Sec. 10(a) (2)]
"
Amends both the definitions of "rifle"
and "shotgun" to include their respective
frames and receivers and any of the two
weapons, respectively, which can readily
be restored to firing condition.
[Secs. 10(a) (4) and (5)]
"
Adds new section providing that nothing
in the act shall be construed as modifying
or otherwise affecting any provision of the
proposed new chapter 44 of title 18, section
414 of the Mutual Security Act, or section
1715 of title 18 (relating to nonmailable
firearms). [Sec. 11]
Harry Hogan
Education and Public Welfare Division
October 10, 1967
Reproduced at Richard Nixon Library and Museum
Prepared by Majouty side
FACT SHEET
H.R. 5384
STATE FIREARMS CONTROL ASSISTANCE ACT OF 1967
WHAT THE BILL DOES:
The bill places controls on the business of buying, selling, and transport-
ing hand guns and other firearms in interstate and foreign commerce. In
essence, the bill applies to firearms importers, firearms manufacturers, and
firearms dealers. H.R. 5384 requires these businessmen to obtain a license
from the Secretary of the Treasury of the United States and to conduct their
firearms activities in the manner established in the bill.
H.R. 5384 makes it unlawful:
1. For any person not licensed to engage in the business of import-
ing, manufacturing or dealing in firearms or ammunition.
2. For any licensed importer, manufacturer or dealer to ship or trans-
port firearms or ammunition to an unlicensed person, except (a) to re-
turn a firearm to a customer, (b) to mail a firearm to an eligible
government enforcement official, and (c) to ship a rifle or shotgun to
the residence of a customer who purchased in person at the licensee's
place of business.
3. For any person not licensed to transport into or to receive in the
State of residence (a) any firearm other than a rifle or shotgun, (b)
any firearm which it would be unlawful to purchase or possess in the
State of residence.
4. For any person not licensed to transport in commerce any destruc-
tive device, machine gun or short-barrelled rifle or shotgun.
5. For any person to transfer, sell, trade, give, transport or deliver
to a person not licensed in another State; (a) any firearm other than a
rifle or shotgun, (b) any firearm which would not be purchased or
possessed lawfully in the State.
6. For any person knowingly to make false or fictitious oral or writ-
ten statements to deceive a licensed manufacturer, importer or dealer
in the sale or disposition of firearms.
H.R. 5384 makes it unlawful for licensed importers, manufacturers, or dealers
to sell or deliver:
1. A firearm to anyone less than 21 years of age, except rifles or
shotguns, which may be sold to 18 year-olds.
2. A firearm to any person who may not lawfully receive or possess it
under State or local law.
3. A firearm to any person who does not reside in the State where the
licensee's business is located, except rifles or shotguns.
4. To any person, any destructive device, machine gun, or short-bar-
rilled rifle or shotgun that is not officially authorized in writing.
5. A firearm to any person unless he keeps records of the name, age
and residence of the purchaser.
6. Firearms or ammunition to any person who is a fugitive from jus-
tice, or is under indictment or convicted of a crime punishable by
imprisonment for more than one year.
Reproduced at Richard Nixon Library and Museum
- 2 -
H.R. 5384 also makes it unlawful:
1. For a common carrier to transport shipments of firearms that vio-
late the Act.
2. For persons under indictment or convicted, or fugitives from jus-
tice, to transport or receive firearms in commerce.
3. For any person to transport in commerce, or to sell or receive,
stolen firearms and ammunition.
4. For any person to transport in commerce firearms which have had the
serial numbers removed, altered or obliterated.
5. For any person to import, or to receive imported, firearms and am-
munition except as authorized by the Act.
6. For any licensed person to keep false records.
Licenses are to be granted by the Secretary of the Treasury. License fees
range from $10 per year for dealers and pawnbrokers, to $1,000 per year for
manufacturers of destructive devices.
Penalties for violations of the provisions of the bill, rules or regulations
thereunder, or for false statements, include fines up to $5,000 and 5 years
imprisonment; penalties for transporting firearms in commerce with intent to
commit therewith a felony include fines up to $10,000 and 10 years imprison-
ment.
WHAT THE BILL DOES NOT DO:
H.R. 5384 does not:
1. Prevent or curtail the right of the individual to acquire or possess
hand guns, rifles or shotguns for the purpose of sport, hunting or self-
defense.
2. Require individuals to register, or acquire a permit for, their
hand guns, rifles or shotguns.
3. Prohibit sportsmen from carrying their shotguns or rifles across
State lines.
H.R. 5384 does not require the States or local governments to change their
current gun control regulations. New regulations are not forced on States.
States and local communities are free to decide what firearm gun control laws,
if any, they want.
Reproduced at Richard Nixon Library and Museum
(B)
90TH CONGRESS
1ST SESSION
H.R.11887
Hong
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 1967
Mr. BIESTER (for himself and Mr. RAILSBACK) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
to
81
To amend title 18, United States Code, to provide for control
(+)
of interstate traffic in firearms.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
M
3 That this Act may be cited as the "Firearms Control Act of
4 1967".
5
SEC. 2. Title 18, United States Code, is amended by
6 inserting after section 917 the following new chapter:
7
"Chapter 44.-FIREARMS
"Sec.
"921. Definitions.
"922. Unlawful acts.
"923. Licenses.
"924. Exceptions.
"925. Penalties.
I
Reproduced at Richard Nixon Library and Museum
2
3
1 "§ 921. Definitions
1
originally designed to be fired by the use of a single
2
" (a) As used in this chapter-
2
hand.
"
3
" (1) The term 'person' includes an individual, part-
3
(6) The term 'manufacturer' means any person
4
nership, association, or corporation.
4
engaged in the business of manufacturing or importing
5
" (2) The term 'State' includes each of the several
5
firearms for purposes of sale or distribution. The term
6
States, the District of Columbia, the Commonwealth of
6
licensed manufacturer' means any such person licensed
7
Puerto Rico, Guam, the Virgin Islands, the Canal Zone,
7
under the provisions of this chapter.
8
and American Samoa.
8
" (7) The term 'dealer' means any person engaged
9
(3) The term 'interstate or foreign commerce'
9
in the business of selling firearms at wholesale or retail,
10
means commerce between any State and any place out-
10
or any person engaged in the business of repairing such
11
side thereof; or between points within the same State,
11
firearms or of manufacturing or fitting barrels, stocks, or
12
but through any place outside thereof; or within any
12
trigger mechanisms to firearms, or any person who is a
13
possession or the District of Columbia.
13
pawnbroker. The term Ticensed dealer' means any dealer
14
(4) The term 'firearm', except when the context
14
who is licensed under the provisions of this chapter.
15
otherwise requires, means (A) any weapon, manu-
15
"
(8) The term 'pawnbroker' means any person
16
factured after the year 1898, by whatsoever name
16
whose business or occupation includes the taking or re-
17
known, which will, or is designed to, or which may be
17
ceiving by way of pledge or pawn, of any firearm as
18
readily converted to, expel a projectile or projectiles by
18
security for the repayment of money loaned thereon.
19
the action of an explosive, or (B) the frame or receiver
19
"
(9) The term 'Secretary' means the Secretary of
20
of any such weapon.
20
the Treasury or his designee.
21
" (5) The term 'handgun' means any pistol or re-
21
"
(10) The term 'crime of violence' includes volun-
22
volver originally designed to be fired by the use of a
22
tary manslaughter, murder, rape, mayhem, kidnaping,
23
single hand and which is designed to fire or capable of
23
robbery, burglary, housebreaking, assault with a dan-
24
firing fixed cartridge ammunition, or any other firearm
24
gerous weapon, extortion accompanied by threats of
Reproduced at Richard Nixon Library and Museum
4
5
1
violence, assault with intent to commit any offense
1 to any person in any State where the receipt or possession
2
punishable by imprisonment for more than one year,
2 by such a person of such firearm would be in violation of
3
arson punishable as a felony, or an attempt to commit
3 any statute of such State, unless the licensed manufacturer
4
any of the foregoing offenses.
4 or licensed dealer establishes that he was unable to ascertain
5
(11) The term 'indictment' includes an indictment
5 with reasonable effort that the receipt or possession would be
6
or any information in any court of the United States or
6 in violation of such State law.
7
in any court of any State under which a crime of vio-
7
" (d) (1) It shall be unlawful for any licensed manu-
8
lence may be prosecuted.
8 facturer or licensed dealer to ship or transport, or cause to
9
"
(12) The term 'fugitive from justice' means any
9 be shipped or transported, any firearm in interstate or
10
person who has fled from any State to avoid prosecution
10 foreign commerce to any person in any political subdivision
11
for a crime of violence or to avoid giving testimony in
11 of a State where the receipt or possession by such person of
12
any criminal proceeding.
12 such firearm would be in violation of any applicable ordi-
13
"§ 922. Unlawful acts
13 nance of such political subdivision which was published under
14
(a) It shall be unlawful for any manufacturer or
14 the provisions of paragraph (2) of this subsection in the
15 dealer, except a licensed manufacturer or licensed dealer, to
15 Federal Register at least six months prior to the date such
16 transport, ship, or receive any firearm in interstate or for-
16 firearm was shipped or transported or caused to be shipped
17 eign commerce.
17 or transported.
18
"
(b) It shall be unlawful for any person to receive any
18
" (2) Upon the request of the principal governing body
19 firearm transported or shipped in interstate or foreign com-
19 of a political subdivision of a State (made in accordance with
20 merce in violation of subsection (a) of this section, knowing
20 such procedures as the Secretary may provide) the Secre-
21 or having reasonable cause to believe such firearm to have
21 tary shall publish in the Federal Register any ordinance of
22 been transported or shipped in violation of such subsection.
22 such political subdivision which regulates the purchase, sale,
23
"
(c) It shall be unlawful for any licensed manufacturer
23 transfer, or possession of firearms. On or before January 31
24 or licensed dealer to ship or transport, or cause to be shipped
24 of the second calendar year beginning after the effective date
25 or transported, any firearm in interstate or foreign commerce,
25 of this chapter and each calendar year thereafter, the Secre-
Reproduced at Richard Nixon Library and Museum
6
7
1 tary shall publish in the Federal Register a list of all such
1
(i) It shall be unlawful for any person-
2 ordinances published in the Federal Register in the preceding
2
" (1) to receive, conceal, store, barter, sell, or
3 calendar year and shall furnish a copy of such list to each
3
dispose of any firearm, or
(m)
4
"
4 licensed manufacturer and licensed dealer.
(2) to pledge or accept as security for a loan any
5
"
(e) It shall be unlawful for any person to ship or
5
firearm,
6 transport, or cause to be shipped or transported, any firearm
6 which is moving in, or a part of, interstate or foreign com-
7 in interstate or foreign commerce, to any person knowing or
7 merce, and which while moving in, or constituting a part of,
8 having reasonable cause to believe that such person is under
8 such commerce has been stolen, knowing, or having reason-
9 indictment for, or has been convicted in any court of the
9 able cause to believe, such firearm to have been stolen.
10
"
10 United States or in any State of, a crime of violence or is a
(j) It shall be unlawful for any person to transport,
11 fugitive from justice.
11 ship, or knowingly receive in interstate or foreign commerce
12
" (f) It shall be unlawful for any person who is under
12 any firearm from which the manufacturer's serial number has
13 indictment for, or who has been convicted of, a crime of
13 been removed, obliterated, or altered.
14 violence, or who is a fugitive from justice to ship or trans-
14
"
(k) It shall be unlawful for any manufacturer or dealer
15 port, or cause to be shipped or transported, any firearm in
15 knowingly to deliver, or cause to be delivered, to any com-
16 interstate or foreign commerce.
16 mon or contract carrier for transportation or shipment in
17
" (g) It shall be unlawful for any person who is under
17 interstate or foreign commerce to persons other than licensed
18 indictment for, or who has been convicted of, a crime of
18 manufacturers or dealers, any package or other container
19 violence, or who is a fugitive from justice, to receive any
19 in which there is any handgun, unless such manufacturer or
20 firearm which has been shipped or transported in interstate
20 dealer gave written notice to the carrier that such package
21
or foreign commerce.
21 or other container contained a handgun.
22
" (h) It shall be unlawful for any person to transport or
22
"
(1) It shall be unlawful for any common or contract
23
ship, or cause to be transported or shipped, any stolen fire-
23 carrier to deliver, or cause to be delivered, in interstate or
24
arm in interstate or foreign commerce, knowing, or having
24 foreign commerce any handgun to any person with knowl-
25 reasonable cause to believe, such firearm to have been stolen.
Reproduced at Richard Nixon Library and Museum
8
9
1 edge or with reasonable cause to believe that such person is
1
cated in any court as a mental defective, and I am not
2 under twenty-one years of age.
2
now and never have been committed under a court order
3
" (m) It shall be unlawful for any licensed manufacturer
3
to any mental institution; and
4 or licensed dealer to ship any handgun in interstate or foreign
4
"
(6) my receipt of this handgun will not be in
5 commerce to any person (other than another licensed manu-
5
violation of any State statute or any ordinance (pub-
6 facturer or licensed dealer) unless-
6
lished under section 922 (d) (2) of title 18, United
7
"
(1) such person has submitted to such manufac-
7
States Code) applicable to the locality to which the
8
turer or dealer a sworn statement in the following form:
8
handgun will be shipped and will not be in violation of
9
" STATEMENT OF ELIGIBILITY To RECEIVE A HANDGUN
9
any State statute or any ordinance (published under
10
"
'Under penalties provided by chapter 44 of title 18,
10
section 922 (d) (2) of title 18, United States Code)
11 United States Code, I swear that-
11
applicable to the locality in which I reside.
12
(1) I am over 20 years of age;
12 Check the appropriate box-
13
(2) I am not prohibited by the provisions of
13
"
Attached is a true copy of any permit required
14
chapter 44 of title 18, United States Code, from receiv-
14
pursuant to such State statute or such published ordinance.
15
ing a handgun in interstate or foreign commerce;
15
"
Attached is a statement made by the authority
16
(3) I am not now and have not been at any time
16
responsible for the issuing of a permit required by such State
17
during the last five years an unlawful user of or addicted
17
statute or such published ordinance that such permit has been
18
to marihuana or any depressant or stimulant drug (as
18 issued to me.
19
defined in section 201 (v) of the Federal Food, Drug,
19
"
"The title, name, and address of the principal law
20
and Cosmetic Act) or a narcotic drug (as defined in
20 enforcement officer of the locality to which the handgun will
21
section 4731 (a) of the Internal Revenue Code of 1954) ;
21
be shipped is
22
"
(4) I have never been convicted of the criminal
22
23
sale, possession, or use of marihuana or such drugs;
23 and the title, name, and address of the principal law
24
(5) I am not now and never have been adjudi-
H.R. 11887-2
(8)
Reproduced at Richard Nixon Library and Museum
10
11
1 enforcement officer of the locality in which I reside is
1
ment for a period of at least seven days following
2
(If same, write 'Same')
2
receipt of the notification of such designated official's
3
" 'My residence is
3
or local law enforcement officer's acceptance or refusal
4
Signature
Date
;
4
of such notice.
5
"
(2) such manufacturer or dealer has, prior to the
5 A copy of the notice forwarded to the designated official
6
shipment of such handgun, forwarded by registered or
6 or local law enforcement officer along with evidence of
7
certified mail (return receipt requested) to (A) the
7 receipt or rejection of that notice shall be retained by the
8
official designated under this subsection by the Governor
8 licensee as a part of the records required to be kept under
9
of the State to which the handgun will be shipped, and
9 section 923 (d) For purposes of paragraph (2) of this
10
if such person resides in another State, the official desig-
10 subsection, the Governor of any State may designate any
11
nated under this subsection by the Governor of that
11 official in his State to receive such notice for such State or
12
State, or (B) if no such official has been designated, the
12 any political subdivision thereof and shall notify the Secre-
13
local law enforcement officer or officers named in the
13 tary of the name, title, and business address of such official,
14
sworn statement, a notice which shall include a copy of
14 and the Secretary shall publish in the Federal Register the
15
the sworn statement described in paragraph (1) of this
15 name, title, and address of such official. Upon such publica-
16
section and a description of the handgun to be shipped
16 tion, the notice required by paragraph (2) shall be forwarded
17
(including the name of the manufacturer, caliber, model,
17 to such designated official during the five-year period begin-
18
and type of such handgun, but not its serial number
18 ning on the date of such publication unless the request is
19
identification), and has received a return receipt evi-
19 withdrawn by the Governor of such State and such with-
20
dencing delivery of such notice, or such notice has been
20 drawal is published in the Federal Register.
21
returned to such manufacturer or dealer due to the re-
21
" (n) It shall be unlawful for any licensed manufac-
22
fusal of such designated official or local law enforcement
22 turer or licensed dealer to sell or deliver for sale any handgun
23
officer to accept such notice in accordance with United
23 to any person other than another licensed manufacturer or
24
States Post Office Department regulations; and
24 licensed dealer who is not a resident of the State in which
25
" (3) such manufacturer or dealer has delayed ship-
Reproduced at Richard Nixon Library and Museum
13
12
1 to purchase or possess such firearm in such political subdi-
1 such manufacturer's or dealer's place of business is located
2
vision.
2 and in which the sale or delivery for sale is made, unless such
3
"§ 923. Licenses
3 manufacturer or dealer has, prior to sale, or delivery for sale
4
" (a) Any manufacturer or dealer desiring a license to
4 of the handgun, complied with the provisions of subsection
5 transport, ship, or receive firearms in interstate or foreign
5
(m) of this section.
6 commerce shall file an application for such license with the
6
" (o) It shall be unlawful for any person in connection
7 Secretary, in such form and containing such information as
7
with the acquisition or attempted acquisition of a firearm
8 the Secretary shall by regulation prescribe. Each such appli-
8 from a licensed manufacturer or licensed dealer to-
9 cant shall be required to pay a fee for obtaining such license
9
" (1) knowingly make any false or fictitious state-
10
as
follows:
10
ment, written or oral; or
11
(1) If a manufacturer of firearms, a fee of $50 per
11
dona (2) knowingly furnish or exhibit any false, ficti-
12
annum.
12
tious, or misrepresented identification with the intention
13
viloi (2) If a dealer (other than a pawnbroker) in fire-
13
to deceive such manufacturer or dealer with respect
14
arms, a fee of $10 per annum, except that for the first
14
to any fact material to the lawfulness of the sale or other
15
renewal following the effective date of the Firearms Con-
15
disposition of a firearm by a licensed manufacturer or
16
trol Act of 1967 or for the first year he is engaged in
16
licensed dealer under the provisions of this section.
17
business as a dealer such dealer will pay a fee of $25.
17
boi (p) It shall be unlawful for any person to transport or
18
" (3) If a pawnbroker, a fee of $50 per annum.
18
receive in the State where he resides a firearm purchased or
19
" (b) Upon filing by a qualified applicant of a proper
19 otherwise obtained by him outside the State where he resides
20 application and the payment of the prescribed fee, the Sec-
20
if it would be unlawful for him to purchase or possess such
21 retary shall issue to such applicant the license applied for,
21 firearm in the State where he resides.
22 which shall, subject to the provisions of this chapter, entitle
22
(q) It shall be unlawful for any person to transport
23 the licensee to transport, ship, sell, and receive firearms in
23
into or receive in the political subdivision of the State in
24 interstate or foreign commerce during the period stated in
24
which he resides a firearm purchased or otherwise obtained
H.R.
11887-3
25
by him outside such State if it would be unlawful for him
Reproduced at Richard Nixon Library and Museum
14
15
1 the license. No license shall be issued pursuant to this
1 license during the term of such indictment, and until any
2 chapter-
2 conviction pursuant to the indictment becomes final, where-
3
" (1) to any applicant who is under twenty-one
3 upon he shall be fully subject to all provisions of this
4
years of age;
4 chapter, and operations pursuant to such license shall be
5
" (2) to any applicant, if the applicant (including,
5 discontinued.
6
in the case of a corporation, partnership, or association,
6
(d) Each licensed manufacturer and licensed dealer
7
any individual who, directly or indirectly, has the power
7 shall maintain such records of production, importation,
8
to direct or cause the direction of the management and
8 notices, shipment, sale, and other disposal of firearms as the
9
policies of the corporation, partnership, or association)
9 Secretary may by regulation prescribe.
10
is prohibited by the provisions of this chapter from trans-
10
"§
924.
Exceptions
11
porting, shipping, selling, or receiving firearms in inter-
11
(a) The provisions of this chapter shall not apply with
12
state or foreign commerce; or
12
respect
to-
13
"
(3) to any applicant who has willfully failed to
13
" (1) the transportation, shipment, receipt, or im-
14
disclose any material information required, or made any
14
portation of any firearms sold or shipped to, or issued
15
false statement as to any material fact, in connection
15
for the use of (A) the United States or any department,
16
with his application.
16
independent establishment, or agency thereof; (B) any
17
" (c) The provisions of section 922 (e) (f), and (g)
17
State or any department, independent establishment,
18 of this chapter shall not apply in the case of a licensed manu-
18
agency, or any political subdivision thereof; (C) any
19 facturer or licensed dealer who is under indictment for a
19
duly commissioned officer or agent of the United States
20 crime of violence if such manufacturer or dealer gives notice
20
or a State or any political subdivision thereof; (D) any
21
to the Secretary by registered or certified mail of his indict-
21
bank, common or contract carrier, express company, or
22 ment within thirty days of the date of the indictment. A
22
armored-truck company organized and operating in good
23 licensed manufacturer or licensed dealer who has given
23
faith for the transportation of money and valuables,
24 notice of his indictment to the Secretary, as provided in this
24
which is granted an exemption by the Secretary; or
25
subsection, may continue operation pursuant to this existing
Reproduced at Richard Nixon Library and Museum
16
17
1
(E) any research laboratory designated as such by the
1 and all provisions of the Internal Revenue Code of 1954 re-
2
Secretary; or
2 lating to seizure, forfeiture, and disposition of firearms shall,
3
(2) the transportation, shipment, or receipt of
3 SO far as applicable, extend to seizures and forfeitures incurred
4
antique or unserviceable firearms possessed and held as
4 under the provisions of this chapter."
5
a curio or museum piece.
5
SEC. 3. Nothing in the amendments made by section 2
6
"
(b) Nothing contained in this chapter shall be con-
6 of this Act shall be construed as modifying or otherwise
7 strued to prevent shipments of firearms to institutions, orga-
7
affecting the requirements of-
8 nizations, or persons to whom firearms may be lawfully deliv-
8
(1) section 414 of the Mutual Security Act of 1954
9 ered by the Secretary of Defense or his designee, nor to
9
(22 U.S.C. 1934) (relating to munitions control) ; or
10 prevent the receipt or transportation of such firearms by
10
(2) section 1715 of title 18 of the United States
11 their lawful possessors while they are engaged in military
11
Code (relating to nonmailable firearms)
12
training or in marksmanship competitions.
12
SEC. 4. The table of chapters of part I of title 18, United
13
"§ 925. Penalties
13 States Code, is amended by inserting after
14
"
(a) Any person who violates any of the provisions of
"43. False personation
911
15 this chapter or any rules and regulations promulgated here-
14 the following:
16 under, or who makes any statement in applying for the
"44. Firearms
921".
17 license or exemption provided for in this chapter, knowing
15
SEC. 5. The Federal Firearms Act (15 U.S.C. 901-
18 or having reasonable cause to know such statement to be
16 910) is repealed.
19 false, shall, upon conviction thereof, be fined not more than
17
SEC. 6. Section 5803 of the Internal Revenue Code
20 $10,000, or imprisoned for not more than ten years, or both,
18 of 1954 is amended to read as follows:
21 and shall become eligible for parole as the board of parole
19 "SEC. 5803. EXEMPTIONS.
22 shall determine.
20
"The tax imposed by section 5801 shall not apply to
23
"
(b) Any firearm involved in any violation of the pro-
21 any importer, manufacturer, or dealer all of whose business
24 visions of this chapter or any rules or regulations promul-
22 as an importer, manufacturer, or dealer is conducted with,
25 gated thereunder shall be subject to seizure and forfeiture,
23 or on behalf of, the United States or any department, inde-
Reproduced at Richard Nixon Library and Museum
18
19
1 pendent establishment, or agency thereof. The Secretary
1
Secretary or his delegate, he shall forward a copy
2 or his delegate may relieve any such importer, manufacturer,
2
thereof to the principal law enforcement officer of the
3 or dealer from compliance with any provision of this chapter
3
locality wherein he resides."
4 with respect to the conducting of such business."
4
SEC. 8. The second sentence of section 5841 of the
5
SEC. 7. (a) Section 5814 of the Internal Revenue Code
5 Internal Revenue Code of 1954 is repealed.
:
(S)
6 of 1954 is amended-
6
SEC. 9. Section 5843 of the Internal Revenue Code of
7
(1) by striking out "duplicate" in the first sentence
7 1954 is amended by inserting at the end thereof the follow-
8
of subsection (a) and inserting in lieu thereof
8 ing sentence: "If a firearm (possessed by a person other
9
"triplicate";
9 than an importer or manufacturer) does not bear the identi-
10
(2) by inserting before the period in the second
10 fication required under this section, the possessor thereof
11
sentence of subsection (a) thereof the following: "and
11 shall identify the firearm with such number and other
12
the age of such applicant"; and
12 identification marks as may be designated by the Secretary
13
(3) by striking out "a copy" in the first sentence of
13 or his delegate, in a manner approved by the Secretary or
14
subsection (b) and inserting in lieu thereof "one copy",
14 his delegate."
15
and by adding before the period in such sentence the
15
SEC. 10. (a) Section 5848 of the Internal Revenue Code
16
following: "and one copy to the principal law enforce-
16 of 1954 is amended as follows:
17
ment officer of the locality wherein he resides".
17
(1) Paragraph (1) is amended by inserting after "or a
18
(b) Subsection (e) of section 5821 of the Internal Rev-
18 machinegun," the following: "or a destructive device,".
19 enue Code of 1954 is amended-
19
(2) Paragraph (2) is amended by inserting "can be
20
(1) by inserting before the period in the last sen-
20 readily restored to shoot," after "shoots," and by striking out
21
tence thereof the following: "and the age of such
21 the period at the end thereof and inserting and shall include
22
applicant"; and
22 (A) the frame or receiver of any such weapon, and (B) any
23
(2) by adding at the end thereof the following
23 combination of parts designed and intended for use in con-
24
new sentence: "At the same time that the person
24 verting a weapon, other than a machinegun, into a machine-
25
making the declaration forwards the declaration to the
25 gun."
Reproduced at Richard Nixon Library and Museum
20
21
1
(3) Paragraphs (3), (4), (5), (6), (7), (8), (9),
1 10 of the United States Code, (vi) any device which the
2 (10) and (11) are redesignated as paragraphs (4), (5),
2 Secretary finds is used exclusively by the United States or
3 (6), (7), (8), (9), (10), (11), and (12) respectively,
3 any department or agency thereof, or (vii) any other device
4 and the following new paragraph is added after paragraph
4 which the Secretary finds is not likely to be used as a
5 (2) :
5 weapon."
6
" (3) The term 'destructive device' means (A) any
6
(4) Paragraph (4) (as SO redesignated by paragraph
7 explosive or incendiary (i) bomb, (ii) grenade, (iii) rocket
7 (3) ) is amended by striking out the period at the end
8 having a propellant charge of more than four ounces, (iv)
8 thereof and inserting I', and shall include the frame or
9 missile, (v) mine, or (vi) similar device; (B) any type of
9
receiver of any such weapon, and any such weapon which
10 weapon by whatever name known which will, or which may
10 can readily be restored to firing condition. 10 (lort
11 be readily converted to, expel a projectile by the action of
11
(5) Paragraph (5) (as SO redesignated by paragraph
12 an explosive, the barrel or barrels of which have a bore of
12 (3) ) is amended by striking out the period at the end thereof
13 more than 0.78 of an inch in diameter; or (C) any combina-
13 and inserting fl, and shall include the frame or receiver of
14 tion of parts designed and intended for use in converting any
14
any such weapon, and any such weapon which can readily
15 device into a destructive device. The term 'destructive de-
15 be restored to firing condition."
16 vice' shall not include (i) any device which is not designed
16
(b) (1) The proviso in paragraph (3) of subsection
17 or redesigned or used or intended for use as a weapon, (ii)
17
(a) of section 5801 of the Internal Revenue Code of 1954
18 any device, although originally designed as a weapon, which
18
is amended by striking out "under section 5848 (5) " and
19 is redesigned for use or is used as a signaling, pyrotechnic,
19
inserting in lieu thereof "under section 5848 (6)
20 line throwing, safety, or similar device, (iii) any shotgun
20
(2) The proviso in subsection (a) of section 5811 of
21 or rifle, (iv) any firearm designed for use with black powder,
21
the Internal Revenue Code of 1954 is amended by striking
22 regardless of when manufactured, (v) surplus ordnance sold,
22
out "under section 5848 (5) and inserting in lieu thereof
23 loaned, or given by the Secretary of the Army pursuant to
23
"under section 5848 (6)
24 the provisions of section 4684 (2) 4685, or 4686 of title
24
SEC. 11. (a) Subchapter B of chapter 53 of the In-
Reproduced at Richard Nixon Library and Museum
22
23
1
ternal Revenue Code of 1954 is amended by adding at the
1 resides if it would be unlawful for him to purchase or possess
2
end thereof a new section 5850 as follows:
2 such firearm in the State where he resides.
"
3
"SEC. 5850. APPLICABILITY OF OTHER LAWS.
3
(b) LOCAL LAW.-It shall be unlawful for any person
4
"Nothing in this chapter shall be construed as modify-
4 to possess in the political subdivision of the State where he
5
ing or otherwise affecting any provision of-
5 resides a firearm purchased or otherwise obtained by him
6
(1) chapter 44 of title 18, United States Code
6 outside the State where he resides if it would be unlawful
(relating to firearms) ;
7 for him to purchase or possess such firearm in the political
7
8
(2) section 414 of the Mutual Security Act of
8
subdivision where he resides.
9
1954 (22 U.S.C. 1934) (relating to munitions con-
9 "SEC. 5857. UNLAWFUL POSSESSION BY A PERSON UNDER
10
trol) ; or
10
21 YEARS OF AGE.
"
11
(3) section 1715 of title 18, United States Code
11
"It shall be unlawful for any person who is not 21 years
12
(relating to nonmailable firearms)
12 or more of age to possess a firearm."
(d)
13
(b) The table of sections in subchapter B of chapter
13
(b) The table of sections in subchapter C of chapter 53
14 53 of the Internal Revenue Code of 1954 is amended by
14 of the Internal Revenue Code of 1954 is amended by adding
15 adding at the end thereof:
15 at the end thereof:
"Sec. 5850. Applicability of other laws."
(B)
"Sec. 5856. Unlawful possession in violation of State law.
"Sec. 5857. Unlawful possession by a person under 21 years
16
SEC. 12. (a) Subchapter C of chapter 53 of the Internal
of age."
17 Revenue Code of 1954 is amended by adding at the end
16
SEC. 13. Section 5861 of the Internal Revenue Code of
18 thereof the following new sections:
17 1954 is amended to read as follows:
19 "SEC. 5856. UNLAWFUL POSSESSION IN VIOLATION OF
18 "SEC. 5861. PENALTIES.
20
STATE AND LOCAL LAW.
19
"Any person who violates or fails to comply with any
21
"
(a) STATE LAW.-It shall be unlawful for any person
20 of the requirements of this chapter shall, upon conviction,
22 to possess in the State where he resides a firearm purchased
21 be fined not more than $10,000, or imprisoned for not more
23 or otherwise obtained by him outside the State where he
Reproduced at Richard Nixon Library and Museum
24
1
than ten years, or both, and shall become eligible for parole
2 as the Board of Parole shall determine." ni
3
SEC. 14. Subsection (d) of section 5685 of the Internal
4
Revenue Code of 1954 is amended to read as follows:
5
(d) DEFINITION OF MACHINE GUN.-As used in this
6
section the term 'machine gun' has the same meaning as-
7
signed to it in section 5848 (2)
Γ
8
SEC. 15. (a) Except as provided in subsection (b) ,
я9 the amendments made by this Act shall take effect on the
10 first day of the sixth calendar month beginning after the
11 month in which this Act is enacted.
12
(b) Any person required to register a firearm under
13 the provisions of section 5841 of the Internal Revenue Code
14 of 1954 because of the amendments to section 5848 of
15 such Code made by section 10 of this Act, shall have ninety
16 days from the effective date prescribed in subsection (a)
17 of this section to register such firearm, and such person shall
18 incur no liability (criminal or otherwise) for failure to
19 register such firearm under section 5841 of such Code prior
20 to the expiration of such ninety days.
driw vlquioo VIA"
noitoivaos
этоп
Боловітаті
TO
Reproduced at Richard Nixon Library and Museum
24
I than ten years, or both, and shall become eligible for parele
2 83 the Board of Parele shall determine."
Seo. 14. Subsection (d) of section 5685 of the Internal
1 Revenue Code of 1954 is amended to read 88 follows:
5
(d) DEFINITION OF MACHINE GUN.-As used in this
6 section the term `machine gun' has the same meaning 88-
7 signed to it in section 5848 (2)
8
Sec. 15, (a) Except as provided in subsection (b).
9 the amendments made by this Activishall effect on the
HT00
181 BESBION
.80118
10 first day of the sixth calendar month beginning after the
11 month in which this Act is enacted.
12 (b) Any person required to register a firearm under
13 the previsions of section 584 of the Internal Revenue Code
58811 .Я .H
JJI8 A
14 of 1954 because of the amendments to section 5848 of
-019 of sho') estate belief 81 olsit brones oT
-smit ni offtent statement to 101 abiv
hoasenaЯ .1M bas янталя .1M va
TOOL TS yout
edi до estimated edit of berreigH
15 such Code made by section 10 of this Act, shall have ninety
16 days from the effective date proseribed ins subsection (a)
17 of this section to register such firearm. and 80 h person shall
18 incur no liability (eriminal or otherwise) for failure to
19 register such firearm under tection 5841 of such Code prior
20 to the expiration of such ninety days
Reproduced at Richard Nixon Library and Museum
90TH CONGRESS
1ST SESSION
H. R. 11887
A BILL
To amend title 18, United States Code, to pro-
vide for control of interstate traffic in fire-
arms.
By Mr. BIESTER and Mr. RAILSBACK
JULY 27, 1967
Referred to the Committee on the Judiciary
Reproduced at Richard Nixon Library and Museum
2
10
S
3
(£)
90TH
CONGRESS
1ST SESSION
H. R. 5384
TO
have
oildnq bominitanoo to tanlqque blnow
IN THE HOUSE OF REPRESENTATIVES
to birn
FEBRUARY 15, 1967
Mr. CELLER introduced the following bill; which was referred to the Com-
mittee on the Judiciary
отпіто bits saomaalwal to
or
(7)
IT
12
Torturos
(8)
SI
A
BILL
EI
To amend title 18, United States Code, to provide for better
to
15
control of the interstate traffic in firearms.
1
Be it enacted by the Senate and House of Representa-
Birn Heah
2 tives of the United States of America in Congress assembled,
to [nno]
3 That this Act may be cited as the "State Firearms Control
to (+)
8r
4 Assistance Act of 1967".
S .alnobivibmi
5
FINDINGS AND DECLARATION
behagt to
6
SEC. 2. (a) The Congress hereby finds and declares-
birn avrel to
7
(1) that there is a widespread traffic in firearms
Issol
ban
SS
8
moving in or otherwise affecting interstate or foreign
10 (c)
ES
9
commerce, and that the existing Federal controls over
10
such traffic do not adequately enable the States to con-
VI--O to
Reproduced at Richard Nixon Library and Museum
3
2
1
1
trol the firearms traffic within their own borders through
which the licensees' places of business are located, has
2
2
the exercise of their police power;
tended to make ineffective the laws, regulations, and
3
3
(2) that the ease with which any person can ac-
ordinances in the several States and local jurisdictions
4
4
quire firearms (including criminals, juveniles without
regarding such firearms;
5
5
the knowledge or consent of their parents or guardians,
(6) that there is a causal relationship between the
6
6
narcotics addicts, mental defectives, armed groups who
easy availability of firearms and juvenile and youthful
7
7
would supplant the functions of duly constituted public
criminal behavior, and that firearms have been widely
8
8
authorities, and others whose possession of firearms is
sold by federally licensed importers and dealers to emo-
9
9
similarly contrary to the public interest) is a significant
tionally immature, or thrill-bent juveniles and minors
10
10
factor in the prevalance of lawlessness and violent crime
prone to criminal behavior;
11
11
in the United States;
(7) that the United States has become the dumping
12
12
(3) that only through adequate Federal control
ground of the castoff surplus military weapons of other
13
13
over interstate and foreign commerce in firearms, and
nations, and that such weapons, and the large volume of
14
14
over all persons engaging in the businesses of importing,
relatively inexpensive pistols and revolvers (largely
15
15
manufacturing, or dealing in firearms, can this grave
worthless for sporting purposes) imported into the
16
16
problem be properly dealt with, and effective State and
United States in recent years, has contributed greatly
17
17
local regulation of the firearms traffic be made possible;
to lawlessness and to the Nation's law enforcement
18
18
(4) that the acquisition on a mail-order basis of
problems;
19
19
firearms by nonlicensed individuals, from a place other
(8) that the lack of adequate Federal control over
20
20
than their State of residence, has materially tended to
interstate and foreign commerce in highly destructive
21
21
thwart the effectiveness of State laws and regulations,
weapons (such as bazookas, mortars, antitank guns, etc.,
22
22
and local ordinances;
and destructive devices such as explosives or incendiary
23
23
(5) that the sale or other disposition of concealable
grenades, bombs, missiles, and SO forth) has allowed such
24
24
weapons by importers, manufacturers, and dealers hold-
weapons and devices to fall into the hands of lawless
25
25
ing Federal licenses, to nonresidents of the State in
persons, including armed groups who would supplant
Reproduced at Richard Nixon Library and Museum
4
5
1
lawful authority, thus creating a problem of national
1
2
SEC. 3. Title 18, United States Code, is amended by
concern;
3
(9) that the existing licensing system under the
2 inserting after section 917 thereof the following new chapter:
3
"Chapter 44.-FIREARMS
4
Federal Firearms Act does not provide adequate license
"Sec.
5
fees or proper standards for the granting or denial of
"921. Definitions.
"922. Unlawful Acts.
6
licenses, and that this has led to licenses being issued to
'923. Licensing.
"924. Penalties.
7
persons not reasonably entitled thereto, thus distorting
"925. Exceptions: Relief from disabilities.
"926. Rules and regulations.
8
the purposes of the licensing system.
"927. Effect on State law.
"928. Separability clause.
9
(b) The Congress further hereby declares that the
4
921. Definitions
10 purpose of this Act is to cope with the conditions referred
5
(a) As used in this chapter-
11 to in the foregoing subsection, and that it is not the purpose
6
"
(1) The term 'person' and the term 'whoever'
12 of this Act to place any undue or unnecessary Federal re-
7
includes any individual, corporation, company, associ-
13 strictions or burdens on law-abiding citizens with respect to
8
ation, firm, partnership, society, or joint stock company.
14 the acquisition, possession, or use of firearms appropriate to
9
(2) The term 'interstate or foreign commerce'
15 the purpose of hunting, trap shooting, target shooting, per-
10
includes commerce between any State or possession
16 sonal protection, or any other lawful activity, and that this
OJ
11
(not including the Canal Zone) and any place outside
17 Act is not intended to discourage or eliminate the private
12
thereof; or between points within the same State or pos-
18 ownership or use of firearms by law-abiding citizens for
13
session (not including the Canal Zone) but through any
19 lawful purposes, or provide for the imposition by Federal
14
place outside thereof; or within any possession or the
20
regulations of any procedures or requirements other than
15
District of Columbia. The term 'State' shall include
21 those reasonably necessary to implement and effectuate the
16
the Commonwealth of Puerto Rico, the Virgin Islands,
22 provisions of this Act. dons
17
and the District of Columbia.
(5) (driot
to
01
ni
hlnoy
11 (931v79dto TO
Reproduced at Richard Nixon Library and Museum
7
6
1
such weapon as modified has an overall length of less
" (3) The term 'firearm means any weapon (in-
2
than twenty-six inches.
2
cluding a starter gun) which will or is designed to or
3
"
(7) The term 'rifle' means a weapon designed or
3
may readily be converted to expel a projectile by the
4
redesigned, made or remade, and intended to be fired
4
action of an explosive; the frame or receiver of any
5
from the shoulder and designed or redesigned and made
5
such weapon; or any firearm muffler or firearm silencer;
6
or remade to use the energy of the explosive in a fixed
6
or any destructive device.
7
metallic cartridge to fire only a single projectile through
7
(4) The term 'destructive device' means any ex-
8
a rifled bore for each single pull of the trigger.
8
plosive, incendiary, or poison gas bomb, grenade, mine,
9
" (8) The term 'short-barreled rifle' means a rifle
9
rocket, missile, or similar device; and includes any type
10
having one or more barrels less than sixteen inches in
10
of weapon which will or is designed to or may readily
11
length and any weapon made from a rifle (whether
11
be converted to expel a projectile by the action of any
12
by alteration, modification, or otherwise) if such weapon
12
explosive and having any barrel with a bore of one-half
13
as modified has an overall length of less than twenty-six
13
inch or more in diameter.
14
inches.
14
(5) The term 'shotgun' means a weapon designed
15
" (9) The term 'importer' means any person en-
15
or redesigned, made or remade, and intended to be fired
16
gaged in the business of importing or bringing firearms
16
from the shoulder and designed or redesigned and made
17
or ammunition into the United States for purposes of
17
or remade to use the energy of the explosive in a fixed
18
sale or distribution; and the term licensed importer'
18
shotgun shell to fire through a smooth bore either a
19
means any such person licensed under the provisions of
19
number of ball shot or a single projectile for each single
20
this chapter.
20
pull of the trigger.
21
" (10) The term 'manufacturer' means any person
21
(6) The term 'short-barreled shotgun' means a
22
engaged in the manufacture of firearms or ammunition
22
shotgun having one or more barrels less than eighteen
23
for purposes of sale or distribution; and the term 'licensed
23
inches in length and any weapon made from a shotgun
24
(whether by alteration, modification, or otherwise) if
Reproduced at Richard Nixon Library and Museum
8
9
1
manufacturer' means any such person licensed under the
1
" (15) The term 'antique firearm' means any fire-
2
provisions of this chapter.
2
arm of a design used before the year 1870 (including
3
(11) The term 'dealer' means (A) any person
3
any matchlock, flintlock, percussion cap, or similar
4
engaged in the business of selling firearms or ammunition
4
early type of ignition system) or replica thereof, whether
5
at wholesale or retail, (B) any person engaged in the
5
actually manufactured before or after the year 1870;
6
business of repairing such firearms or of making or
6
but not including any weapon designed for use with
7
fitting special barrels, stocks, or trigger mechanisms to
7
smokeless powder or using rim-fire or conventional
8
firearms or (C) any person who is a pawnbroker. The
8
center-fire ignition with fixed ammunition.
9
term Ticensed dealer' means any dealer who is licensed
9
" (16) The term 'ammunition' means ammunition
10
under the provisions of this chapter.
10
for a destructive device; it shall not include shotgun shells
11
(12) The term 'pawnbroker' means any person
11
or any other ammunition designed for use in a firearm
12
whose business or occupation includes the taking or
12
other than a destructive device.
13
receiving, by way of pledge or pawn, of any firearm
13
" (17) The term 'Secretary' or 'Secretary of the
14
or ammunition as security for the payment or repayment
14
Treasury' means the Secretary of the Treasury or his
15
of money.
15
delegate.
16
(13) The term 'indictment' includes an indict-
16
" (b) As used in this chapter-
17
ment or an information in any court under which a
"
17
(1) The term 'firearm' shall not include an antique
18
crime punishable by imprisonment for a term exceeding
18
firearm.
19
one year may be prosecuted.
19
" (2) The term 'destructive device' shall not in-
20
" (14) The term 'fugitive from justice means any
20
clude-
21
person who has fled from any State or possession to
21
" (A) a device which is not designed or rede-
22
avoid prosecution for a crime punishable by imprison-
22
signed or used or intended for use as a weapon; or
23
ment for a term exceeding one year or to avoid giving
23
" (B) any device, although originally designed
24
testimony in any criminal proceeding.
H.R. 5384 2
Reproduced at Richard Nixon Library and Museum
10
11
1
as a weapon, which is redesigned SO that it may be
1
firearms or ammunition, or in the course of such business
2
used solely as a signaling, line-throwing, safety or
2
to ship, transport, or receive any firearm or ammunition
3
similar device; or
3
in interstate or foreign commerce;
4
" (C) any shotgun other than a short-barreled
4
(2) for any importer, manufacturer, or dealer
5
shotgun; or
5
licensed under the provisions of this chapter to ship or
6
" (D) any nonautomatic rifle (other than a
6
transport in interstate or foreign commerce, any firearm
7
short-barreled rifle) generally recognized or particu-
7
or ammunition to any person other than a licensed im-
8
larly suitable for use for the hunting of big game; or
8
porter, licensed manufacturer, or licensed dealer, except
9
" (E) surplus obsolete ordnance sold, loaned,
9
that
10
or given by the Secretary of the Army pursuant to
10
(A) this paragraph shall not be held to pre-
11
the provisions of 10 U.S.C., sections 4684 (2),
11
clude a licensed importer, licensed manufacturer, or
12
4685, or 4686; or
12
licensed dealer from returning a firearm or replace-
13
" (F) any other device which the Secretary
13
ment firearm of the same kind and type to a person
14
finds is not likely to be used as a weapon.
14
from whom it was received;
15
" (3) The term 'crime punishable by imprisonment
15
"
(B) this paragraph shall not be held to pre-
16
for a term exceeding one year' shall not include any
16
clude a licensed importer, licensed manufacturer, or
17
Federal or State offenses pertaining to antitrust viola-
17
licensed dealer from depositing a firearm for con-
18
tions, unfair trade practices, restraints of trade, or other
18
veyance in the mails to any officer, employee, agent,
19
similar offenses relating to the regulation of business
19
or watchman who, pursuant to the provisions of
20
practices as the Secretary may by regulation designate.
20
section 1715 of title 18 of the United States Code,
21
"§ 922. Unlawful acts
21
is eligible to receive through the mails, pistols, re-
22
" (a) It shall be unlawful-
22
volvers, and other firearms capable of being con-
23
" (1) for any person, except a licensed importer,
23
cealed on the person, for use in connection with his
24
licensed manufacturer, or licensed dealer, to engage in
24
official duty;
25
the business of importing, manufacturing, or dealing in
25
" (C) this paragraph shall not be held to pre-
Reproduced at Richard Nixon Library and Museum
13
12
1
or political subdivision thereof wherein he resides
1
clude a licensed importer, licensed manufacturer, or
2
(or if the person is a corporation or other business
2
licensed dealer from shipping a rifle or shotgun to
3
entity, in which he maintains a place of business)
3
an individual who in person upon the licensee's
4
(4) for any person, other than a licensed im-
4
business premises purchased such rifle or shotgun,
5
porter, licensed manufacturer, or licensed dealer, to
5
provided that such sale or shipment is not otherwise
6
transport in interstate or foreign commerce any destruc-
6
prohibited by the provisions of this chapter;
7
tive device, machine gun (as defined in section 5848 of
7
" (D) Nothing in this paragraph shall be con-
8
the Internal Revenue Code of 1954), short-barreled
8
strued as applying in any manner in the District of
9
shotgun, or short-barreled rifle, except as specifically
9
Columbia, the Commonwealth of Puerto Rico, or
10
authorized by the Secretary;
10
any possession of the United States differently than
11
(5) for any person to transfer, sell, trade, give,
11
it would apply if the District of Columbia, the Com-
12
transport, or deliver to any person (other than a licensed
12
monwealth of Puerto Rico, or the possession were
13
importer, licensed manufacturer, or licensed dealer) who
13
in fact a State of the United States;
14
resides in any State other than that in which the trans-
14
" (3) for any person other than a licensed importer,
15
feror resides (or in which his place of business is located
15
licensed manufacturer, or licensed dealer to transport
16
if the transferor is a corporation or other business
16
into or receive in the State where he resides (or if
17
entity)
17
the person is a corporation or other business entity, in
18
"
(A) any firearm, other than a shotgun or
18
which he maintains a place of business)
19
rifle;
19
"
(A) any firearm, other than a shotgun or
20
"
(B) any firearm which the transferee could
20
rifle, purchased or otherwise obtained by him out-
21
not lawfully purchase or possess in accord with ap-
21
side that State;
22
plicable laws, regulations, or ordinances of the State
22
" (B) any firearm, purchased or otherwise ob-
23
or political subdivision thereof in which the trans-
23
tained by him outside that State, which it would be
24
unlawful for him to purchase or possess in the State
Reproduced at Richard Nixon Library and Museum
14
15
1
feree resides (or in which his place of business is
1
knows or has reasonable cause to believe is not lawfully
2
located if the transferee is a corporation or other
2
entitled to receive or possess such firearm by reason of
3
business entity)
3
any State or local law, regulation, or ordinance ap-
4
This paragraph shall not apply to transactions between
4
plicable at the place of sale, delivery, or other disposi-
5
licensed importers, licensed manufacturers, and licensed
5
tion of the firearm;
6
dealers; or
6
" (3) any firearm to any person who the licensee
7
"
(5) for any person in connection with the acqui-
7
knows or has reasonable cause to believe does not re-
8
sition or attempted acquisition of any firearm from a
8
side in (or if the person is a corporation or other busi-
9
licensed importer, licensed manufacturer, or licensed
9
ness entity, does not maintain a place of business in) the
10
dealer, knowingly to make any false or fictitious oral or
10
State in which the licensee's place of business is located;
11
written statement or to furnish or exhibit any false or
11
except that this paragraph shall not apply in the case
12
fictitious or misrepresented identification, intended or
12
of a shotgun or rifle.
13
likely to deceive such importer, manufacturer, or dealer
13
" (4) to any person any destructive device, machine
14
with respect to any fact material to the lawfulness of
14
gun (as defined in section 5848 of the Internal Revenue
15
the sale or other disposition of such firearm under the
15
Code of 1954) short-barreled shotgun, or short-barreled
16
provisions of this chapter.
16
rifle, unless he has in his possession a sworn statement
17
" (b) It shall be unlawful for any licensed importer,
17
executed by the principal law enforcement officer of the
18
licensed manufacturer, or licensed dealer to sell or deliver-
18
locality wherein the purchaser or person to whom it
19
" (1) any firearm to any individual who the licensee
19
is otherwise disposed of resides, attesting that there is
20
knows or has reasonable cause to believe is less than
20
no provision of law, regulation, or ordinance which would
21
twenty-one years of age, if the firearm is other than a
21
be violated by such person's receipt or possession thereof,
22
shotgun or rifle; or to any individual who the licensee
22
and that he is satisfied that it is intended by such person
23
knows or has reasonable cause to believe is less than
23
for lawful purposes; and such sworn statement shall be
24
eighteen years of age, if the firearm is a shotgun or rifle;
24
retained by the licensee as a part of the records required
25
" (2) any firearm to any person who the licensee
25
to be kept under the provisions of this chapter.
Reproduced at Richard Nixon Library and Museum
16
17
1
"
(5) any firearm to any person unless the licensee
1 merce any firearm with knowledge or reasonable cause to
2
notes in his records required to be kept pursuant to sec-
2 believe that the shipment, transportation, or receipt thereof
3
tion 923 of this chapter, the name, age, and place of
3 would be in violation of the provisions of this chapter.
4
residence of such person if the person is an individual,
4
" (e) It shall be unlawful for any person who is under
5
or the identity and principal and local places of business
5 indictment or who has been convicted in any court of a
6
of such person if the person is a corporation or other
6 crime punishable by imprisonment for a term exceeding one
7
business entity.
7 year, or who is a fugitive from justice, to ship or transport
8 Paragraphs (1) (2) (3) and (4) of this subsection shall
8 any firearm or ammunition in interstate or foreign commerce.
9 not apply to transactions between licensed importers, licensed
9
"
(f) It shall be unlawful for any person who is under
10 manufacturers, and licensed dealers.
10 indictment or who has been convicted in any court of a
11
"
(c) It shall be unlawful for any licensed importer,
11 crime punishable by imprisonment for a term exceeding one
12 licensed manufacturer, or licensed dealer to sell or otherwise
12 year, or is a fugitive from justice, to receive any firearm or
13 dispose of any firearm or ammunition to any person, know-
13 ammunition which has been shipped or transported in inter-
14 ing or having reasonable cause to believe that such person is
14 state or foreign commerce.
15 a fugitive from justice or is under indictment or has been
15
"
(g) It shall be unlawful for any person to transport or
16 convicted in any court of a crime punishable by imprison-
16 ship in interstate or foreign commerce, any stolen firearm
17 ment for a term exceeding one year. This subsection shall
17 or stolen ammunition, knowing or having reasonable cause
18 not apply with respect to sale or disposition of a firearm
18 to believe the same to have been stolen.
19 to a licensed importer, licensed manufacturer, or licensed
19
" (h) It shall be unlawful for any person to receive,
20 dealer who pursuant to subsection (b) of section 925 of this
20 conceal, store, barter, sell, or dispose of any stolen firearm
21 chapter is not precluded from dealing in firearms, or to a
21 or stolen ammunition, or pledge or accept as security for a
22 person who has been granted relief from disabilities pursuant
22 loan any stolen firearm or stolen ammunition, moving as
23
to subsection (c) of section 925 of this chapter.
23 or which is a part of or which constitutes interstate or for-
24
" (d) It shall be unlawful for any common or contract
24 eign commerce, knowing or having reasonable cause to be-
25
carrier to transport or deliver in interstate or foreign com-
25 lieve the same to have been stolen.
Reproduced at Richard Nixon Library and Museum
18
19
1
"
(i) It shall be unlawful for any person knowingly to
1 fee for obtaining such a license, a separate fee being required
2 transport, ship, or receive, in interstate or foreign commerce,
2 for each place in which the applicant is to do business,
3 any firearm the importer's or manufacturer's serial number
3 as follows:
4 of which has been removed, obliterated, or altered.
4
" (1) If a manufacturer-
5
"
5
" (j) It shall be unlawful for any person knowingly to
(A) of destructive devices and/or ammunition a
6 import or bring into the United States or any possession
6
fee of $1,000 per year;
7 thereof any firearm or ammunition, except as provided in
7
" (B) of firearms other than destructive devices a
8 subsection (d) of section 925 of this chapter; and it shall be
8
fee of $500 per year.
(0)
9
"
9 unlawful for any person knowingly to receive any firearm
(2) If an importer-
10 or ammunition which has been imported or brought into the
10
(A) of destructive devices and/or ammunition a
11 United States or any possession thereof in violation of the
11
fee of $1,000 per year;
12
"
12 provisions of this chapter.
(B) of firearms other than destructive devices a
13
" (k) It shall be unlawful for any licensed importer,
13
fee of $500 per year.
14
"
14 licensed manufacturer, or licensed dealer knowingly to make
(3) If a dealer-
15
"
15 any false entry in, or to fail to make appropriate entry in or
(A) in destructive devices and/or ammunition a
16 to fail to properly maintain, any record which he is required
16
fee of $1,000 per year;
17
"
17 to keep pursuant to section 923 of this chapter or regulations
(B) who is a pawnbroker dealing in firearms other
18
18 promulgated thereunder.
than destructive devices a fee of $250 per year;
19
"
19
"§ 923. Licensing
(C) who is not a dealer in destructive devices or
20
" (a) No person shall engage in business as a firearms
20
a pawnbroker, a fee of $10 per year; except that for
21 or ammunition importer, manufacturer, or dealer until he
21
the first renewal following the effective date of the State
22 has filed an application with, and received a license to do so
22
Firearms Control Assistance Act of 1967 or for the first
23 from, the Secretary. The application shall be in such form
23
year he is engaged in business as a dealer such dealer
24 and contain such information as the Secretary shall by regu-
24
will pay a fee of $25.
25
"
25 lation prescribe. Each applicant shall be required to pay a
(b) Upon the filing of a proper application and pay-
Reproduced at Richard Nixon Library and Museum
20
21
1 ment of the prescribed fee, the Secretary may issue to the
1
"
(3) the applicant has willfully violated any of the
2 applicant the appropriate license which, subject to the pro-
2
provisions of this chapter or regulations issued there-
3 visions of this chapter and other applicable provisions of
3
under; or
4 law, shall entitle the licensee to transport, ship, and receive
4
" (4) the applicant has willfully failed to disclose
5 firearms and ammunition covered by such license in inter-
5
any material information required, or has made any
6 state or foreign commerce during the period stated in the
6
false statement as to any material fact, in connection
7 license.
7
with his application; or
8
"
(c) Any application submitted under subsections (a)
8
"
(5) the applicant does not have, or does not in-
9 and (b) of this section shall be disapproved and the license
9
tend to have or to maintain, in a State or possession,
10 denied and the fee returned to the applicant if the Secre-
10
business premises for the conduct of the business.
11 tary, after notice and opportunity for hearing, finds that-
11
" (d) Each licensed importer, licensed manufacturer,
12
" (1) the applicant is under twenty-one years of
12 and licensed dealer shall maintain such records of importa-
13
age; or
13 tion, production, shipment, receipt, and sale or other dispo-
14
" (2) the applicant (including in the case of a
14 sition, of firearms and ammunition at such place, for such
15
corporation, partnership, or association, any individual
15 period and in such form as the Secretary may by regulations
16
possessing directly or indirectly, the power to direct or
16 prescribe. Such importers, manufacturers, and dealers shall
17
cause the direction of the management and policies
17 make such records available for inspection at all reasonable
18
of the corporation, partnership, or association) is pro-
18 times, and shall submit to the Secretary such reports and
19
hibited from transporting, shipping, or receiving fire-
19 information with respect to such records and the contents
20
arms or ammunition in interstate or foreign commerce
20 thereof as he shall by regulations prescribe. The Secretary
21
under the provisions of this chapter; or is, by reason of
21 or his delegate may enter during business hours the premises
22
his business experience, financial standing, or trade
22 (including places of storage) of any firearms or ammunition
23
connections, not likely to commence business operations
24
23 importer, manufacturer, or dealer for the purpose of inspect-
during the term of the annual license applied for or to
24 ing or examining any records or documents required to be
25
maintain operations in compliance with this chapter; or
25 kept by such importer or manufacturer or dealer under the
Reproduced at Richard Nixon Library and Museum
22
23
1 provisions of this chapter or regulations issued pursuant
1 chapter to be kept in the records of a person licensed under
2 thereto, and any firearms or ammunition kept or stored by
2 this chapter, or in applying for any license or exemption
3 such importer, manufacturer, or dealer at such premises.
3 or relief from disability under the provisions of this chapter,
4 Upon the request of any State, or possession, or any political
4 shall be fined not more than $5,000 or imprisoned not more
5 subdivision thereof, the Secretary of the Treasury may make
5 than five years, or both.
6
6 available to such State, or possession, or any political sub-
" (b) Whoever, with intent to commit therewith an
7 division thereof, any information which he may obtain by
7 offense punishable by imprisonment for a term exceeding
8 reason of the provisions of this chapter with respect to the
8 one year, or with knowledge or reasonable cause to believe
9 identification of persons within such State, or possession, or
9 that an offense punishable by imprisonment for a term exceed-
10 political subdivision thereof, who have purchased or received
10 ing one year is to be committed therewith, ships, transports,
11 firearms or ammunition, together with a description of such
11 or receives a firearm in interstate or foreign commerce shall
12 firearms or ammunition.
12 be fined not more than $10,000 or imprisoned not more than
13
(e) Licenses issued under the provisions of subsection
13 ten years, or both.
14
14 (b) of this section shall be kept posted and kept available
" (c) Any firearm or ammunition involved in, or used
15 for inspection on the business premises covered by the
15 or intended to be used in, any violation of the provisions
16
license.
16 of this chapter, or a rule or regulation promulgated there-
17
(f) Licensed importers and licensed manufacturers
17 under, or violation of any other criminal law of the United
18 shall identify, in such manner as the Secretary shall by regu-
18 States, shall be subject to seizure and forfeiture and all pro-
19 lations prescribe, each firearm imported or manufactured by
19 visions of the Internal Revenue Code of 1954 relating to
20 such importer or manufacturer.
20 the seizure, forfeiture, and disposition of firearms, as defined
21
"§ 924. Penalties
21 in section 5848 (1) of said Code, shall, SO far as applicable,
22
"
(a) Whoever violates any provision of this chapter
22 extend to seizures and forfeitures under the provisions of this
23 or any rule or regulation promulgated thereunder, or know-
23 chapter.
24 ingly makes any false statement or representation with
24 "§ 925. Exceptions: Relief from disabilities
25
25
"
respect to the information required by the provisions of this
(a) The provisions of this chapter shall not apply with
Reproduced at Richard Nixon Library and Museum
24
25
1 respect to the transportation, shipment, receipt, or importa-
1 granting of the relief would not be contrary to the public
2 tion of any firearm or ammunition imported for, or sold or
2 interest. A licensee conducting operations under this chap-
3 shipped to, or issued for the use of the United States or any
3 ter, who makes application for relief from the disabilities in-
4 department, or agency thereof; or any State or possession,
4 curred under this chapter by reason of such a conviction,
5 or any department, agency, or political subdivision thereof.
5 shall not be barred by such conviction from further operations
6
"
(b) A licensed importer, licensed manufacturer, or
6 under his license pending final action on an application for
7 licensed dealer who is indicted for a crime punishable by im-
7 relief filed pursuant to this section. Whenever the Secretary
8 prisonment for a term exceeding one year, may, notwith-
8 grants relief to any person pursuant to this section, he shall
9 standing any other provisions of this chapter, continue opera-
9 promptly publish in the Federal Register notice of such
10 tions pursuant to his existing license (provided that prior
10 action, together with the reasons therefor.
11
11 to the expiration of the term of the existing license timely
(d) The Secretary may authorize a firearm to be im-
12 application is made for a new license) during the term of
12 ported or brought into the United States or any possession
13 such indictment and until any conviction pursuant to the
13 thereof if the person importing or bringing in the firearm
14 indictment becomes final.
14 establishes to the satisfaction of the Secretary that the fire-
15
15
" (c) A person who has been convicted of a crime
arm
16
"
16 punishable by imprisonment for a term exceeding one year
(1) is being imported or brought in for scientific
17
17 (other than a crime involving the use of a firearm or other
or research purposes, or is for use in connection with
18
18 weapon or a violation of this chapter or of the National Fire-
competition or training pursuant to chapter 401 of title
19
19 arms Act) may make application to the Secretary for relief
10 of the United States Code; or
20
"
20 from the disabilities under this chapter incurred by reason
(2) is an unserviceable firearm, other than a
21
21 of such conviction, and the Secretary may grant such relief
machine gun as defined by 5848 (2) of the Internal
22
22 if it is established to his satisfaction that the circumstances
Revenue Code of 1954 (not readily restorable to firing
23
23 regarding the conviction, and the applicant's record and
condition), imported or brought in as a curio or museum
24
24 reputation, are such that the applicant will not be likely to
piece; or
25
25 conduct his operations in an unlawful manner, and that the
(3) is of a type that does not fall within the defi-
Reproduced at Richard Nikon Library and Museum
26
27
1
nition of a firearm as defined in section 5848 (1) of the
1
provision and the law of the State or possession SO that the
2
Internal Revenue Code of 1954 and is generally rec-
2 two cannot be reconciled or consistently stand together.
3
ognized as particularly suitable for or readily adaptable
3
"§ 928. Separability
4
to sporting purposes, and in the case of surplus military
4
"If any provision of this chapter or the application
5
firearms is a rifle or shotgun; or
5 thereof to any person or circumstance is held invalid, the
6
"
(4) was previously taken out of the United States
6
remainder of the chapter and the application of such provi-
7
or a possession by the person who is bringing in the
7 sion to other persons not similarly situated or to other cir-
8
firearm.
8 cumstances shall not be affected thereby."
9
Provided, That the Secretary may permit the conditional
9
SEC. 4. The administration and enforcement of this Act
10
importation or bringing in of a firearm for examination and
10 shall be vested in the Secretary of the Treasury.
11
testing in connection with the making of a determination as
11
SEC. 5. Nothing in this Act shall be construed as modi-
12
to whether the importation or bringing in of such firearm
12 fying or affecting any provision of-
13
will be allowed under this subsection.
13
(a) the National Firearms Act (chapter 53 of the
14
"§ 926. Rules and regulations
14
Internal Revenue Code of 1954) ; or
15
"The Secretary may prescribe such rules and regulations
15
(b) section 414 of the Mutual Security Act of
16
as he deems reasonably necessary to carry out the provisions
16
1954 (22 U.S.C. 1934) as amended, relating to muni-
17
of this chapter. The Secretary shall give reasonable public
17
tions control; or
18
notice, and afford to interested parties opportunity for hear-
18
(c) section 1715 of title 18, United States Code,
19
ing, prior to prescribing such rules and regulations.
19
relating to nonmailable firearms.
20
"§ 927. Effect on State law
20
SEC. 6. The table of contents to "Part I.-Crimes" of
21
"No provision of this chapter shall be construed as in-
21 title 18, United States Code, is amended by inserting after
22
dicating an intent on the part of the Congress to occupy the
"43. False personation
911"
23
field in which such provision operates to the exclusion of the
22 a new chapter reference as follows:
24
law of any State or possession on the same subject matter,
"44. Firearms
921"
25
unless there is a direct and positive conflict between such
Reproduced at Richard Nixon Library and Museum
28
1 SEC. 7. The Federal Firearms Act (52 Stat. 1250;
2 15 U.S.C. 901-910), as amended, is repealed.
3
SEC. 8. The amendments made by this Act shall become
4 effective one hundred and eighty days after the date of its
5 enactment; except that repeal of the Federal Firearms Act
6 shall not in itself terminate any valid license issued pursuant
7 to that Act and any such license shall be deemed valid until
8 it shall expire according to its terms unless it be sooner
9A revoked or terminated pursuant to applicable provisions of
10 law. of
12 to whether the
olli (s)
14
"§ 926. Rules and IsrristaT
17 The
19 to of
er
to .8 .028
the
23
of
any
or
the
25 is 28
Reproduced at Richard Nixon Library and Museum
28
-
Sec. 7. The Federal Firearing Act 152 Stat. 1250;
23 15. U.S.C.1901-910). as amonded, is repealed.
3
SEC. 8. The amendments made by this Act shull become
4. effective one hundred and eighty days after the date of its
5 ennetment: except that repeal of the Federal Firearms Act
6 shall not in itself terminate any valid license issued pursuant
7 to that Act and may smole license sball be deemed valid until
8. is shall expire according to 188 terms unless it be sooner
no revoked or terminated pursuma applicable provisions of
80JH соискега
иотавай Tel
10 law.
A
2384 .Я .H
-019 of aboD both .81 altit bronns oT
odt to fortune 191196 101 abiv
ammorit ill offert
THE y&
TOOI JI TRADRUST
visiolbal 9d) IFO od) 03 И
Reproduced at Richard Nixon Library and Museum
90TH CONGRESS
1ST SESSION
H. R. 5384
A BILL
To amend title 18, United States Code, to pro-
vide for better control of the interstate
traffic in firearms.
By Mr. CELLER
FEBRUARY 15, 1967
Referred to the Committee on the Judiciary
Reproduced at Richard Nixon Library and Museum
Your Congressman
JIM BATTIN
REPORTS FROM WASHINGTON
February 10, 1967
Not Printed at Government Expense
10
Dear Friends:
Believe it or not (and I find it hard to believe) another move is being made to
restrict the sale and possession of firearms. Considering the overwhelming rejec-
tion of a similar measure in the House Ways and Means Committee last year, this new
move doesn't seem logical. At that time the proposal, referred to as the Dodd Bill,
was smothered in the Committee because it didn't have enough support to come to a
vote. Not swayed by public disapproval of the measure, President Johnson is asking
Congress to enact new gun laws. He made this recommendation last week in a message
to Congress, calling for a Safe Streets and Crime Control Act.
Living in the outskirts of the Nation's Capital, I fully recognize the need for
"safe streets and crime control." The need is especially evident here in what
should be the world's finest city. But Washington is the city where muggings and
armed robberies occur within pistol range of the White House and they occur at an
alarming rate. My staff in Washington has suffered from the rising crime rate and
flagrant disregard of laws and human rights. My secretary was savagely beaten when
an intruder surprised her alone in her Capitol Hill apartment and the office manager
was knocked down and robbed by thugs two blocks from the office. These instances
have little to do with gun legislation, but I have cited them to lead up to the
emotion gun control hearings ignite. Dodd Bill supporters will say "take away the
guns and stop the rising tide of crime." The issue will be tied to the crime rate
in an effort to gain public appeal. But I sat through the long hearings last year
and know this is not the case.
Enacting legislation to take guns away from criminals will only deprive honest
citizens, the bulk of America's population, of the rights granted to them in the
Second Amendment of the American Constitution. This amendment guarantees that "the
right of the people to keep and bear arms shall not be infringed." The definition
of infringe is: "To enter by gradual steps or by stealth into the rights and pos-
sessions of another." There is good cause for this guaranty in that it allows, even
insists, that Americans can protect their families and homes from lawbreakers or
alien forces.
Proposed gun controls would take this right away from the good people of Ameri-
ca while criminals would go on obtaining guns. The people who operate outside the
law would not find it difficult to obtain guns. But the fellow who wants a gun to
protect his home and family or for sport would have to break the law to enjoy this
constitutional right. To be sure, the price of guns would increase tremendously
(all illegal commodities are expensive) but criminals would be fast to raise the
money and take the chance to arm themselves.
There is already a law prohibiting proven criminals from carrying or owning
weapons. I propose enforcement of this statute and not enactment of further con-
trols that would be even more difficult to enforce. However, any law that would
take guns from independent Americans who use their weapons in a safe manner and for
good purposes, will raise my strongest opposition and, I'm sure, that of the vast
majority of Americans. Many citizens, who are not sportsmen and don't even own a
gun, do not want to be barred from buying a gun when they feel the need arises.
When this issue was brought up last year, it inspired the largest flow of mail
ever received in my office on any subject. Montana people, I was pleased to learn
and as I knew they would be, were almost unanimous in their opposition to this
measure. I have no reason to believe this has changed in the past year and so,
acting on this assumption and my own strong feelings on this question, I will fight
any attempt to push gun controls through this session of Congress.
To those who would tie this issue to the crime problem, I will say "enact laws
that will assure the criminal he will be punished for his misdeeds and then give
the police support in enforcing those laws. That will go further than any firearms
restrictions we can pass."
Sincerely,
Jene
Batter
Reproduced at Richard Nixon Library and Museum
Your Congressman
JIM BATTIN
REPORTS FROM WASHINGTON
March 31, 1967
Not Printed at Government Expense
10
Dear Friends:
With the rise in crimes against individuals that has been evident for the past few
years, there has been a surge of private citizens acting to protect their homes and
families. This surge is noteworthy in a recent project for self defense by the house-
wives of Orlando, Florida. Nearly 2,400 women in Orlando formed a "Pistol Packing
Posse" last fall after a series of rapes in beauty parlors, laundromats, and homes.
Orlando policemen reported that after a series of assaults on women -- some in broad
daylight -- last September pistol sales zoomed to 200 or 300 a week.
In order to avoid a tragedy from a novice gunhandler injuring herself, the police set
up a free course in gun handling, geared to accomodate about 300 students. They were
astonished when 2,400 women showed up for the classes, but police revamped the course
and trained them all. One of the best scores was turned in by a lady in her mid-80s
who had never handled a gun before.
This project received publicity in the local press and although there weren't any re-
ports of shootings by the petticoat posse, their impact on would-be rapists was
immediately noticed. In February for the first time in two years, not a single rape
or assault on a woman was reported.
The same results were reported in Detroit where a group of 200 grocers banded together
to take lessons on firearm handling. These reports are common in the larger cities
where crime has gotten completely out of hand and in each case there have been sur-
prising results. In New York City where a strict gun law prohibits storekeepers and
individuals from owning guns, unarmed volunteers have formed vigilante groups to
police their neighborhoods. These people were organized by the police department to
keep their eyes and ears open for suspicious activities and report to the law officers
when they see a crime being committed.
By citing these instances and their obvious success, I am not suggesting that an old
West Vigilante Gang should take the place of official law enforcement. I merely mean
to point out that the presence of a gun in a home or the possibility that a homeowner
may be armed works a deterrent against criminals. A burglar would think twice about
entering a dark house if he was worried that someone inside would have a gun pointed
at his head. In the hands of a person who is trained to handle it, a gun can be a
lifesaving weapon.
This right to own a gun for protection of your person, home and family is in jeopardy
under legislation that is being proposed again this year. Even though a similar fire-
arm control bill was defeated in the House Ways and Means Committee last year, an
attempt to push it through Congress is again being made.
The new bill, introduced by Rep. Emanuel Celler, was referred to the Judiciary Com-
mittee which is headed by the same man. The extensive hearings the Ways and Means
Committee held on the subject and the decision to defeat the bill last year were ig-
nored and normal procedures of the House were circumvented. As a member of this
powerful committee, I intend to take every avenue to bring the bill back where it
belongs.
As soon as our committee finishes hearings on Social Security changes, I have been
granted permission by the chairman to bring this matter up. Then I will ask my fellow
committee members to support my fight to have firearms legislation returned to us. I
hope to have a favorable report to make to you in Montana soon after this meeting.
Sincerely,
June
Buttin
Reproduced at Richard Nixon Library and Museum
PRESERVATION COPY
STATEMENT OF REP. JAMES F. BATTIN BEFORE THE HOUSE JUDICIARY COMMITTEE
Mr. Chairman, I would like to thank the members of your committee
for allowing me to submit my opinions on H.R. 5384, State Firearms
Control Assistance Act of 1967, which you are now considering. First,
although I do not wish to alienate your attnetion to my remarks, I must
state that I am unilaterally opposed to this legislation as proposed.
Controls are necessary to restrict the flow of weapons that have value
only as destructive devices, such as bazookas, machine guns, cannons,
grenades and the like. But it is not necessary--in fact, it sets a
dangerous preçedent--to regulate the possession of sporting and defensive
guns.
I maintain that to require registration of small firearms, pistols,
rifles and shotguns, is to directly usurp the rights granted in the Second
Amendment to our Constitution. This amendment clearly guarantees "the
right of the people to keep and bear arms shall not be infringed." There
has been some confusion in the interpretation of the opening clause of
the amendment, "A well-regulated militia being necessary to the security
of a free state," and I would like to clarify this. This "militia" has been
wrongfully cast as an organized military unit, but what the Constitution
referred to, in the vernacular of the times, was the entire populace.
Webster's Seventh New Collegiate Dictionary defines militia as "the whole
body of able-bodied male citizens declared by law as being subject to call
for military service.' This militia, which this bill seeks to restrain, is
already "well-regulated" by all of the laws of the United States and its
separate states. Those who should be deprived of the right to bear arms
Statement by Rep. Battin before House Judiciary - Page 2
are the persons in our society who are outside this definition of militia--
the felons who are not qualified to serve in the armed forces.
I submit to you that there are already enough laws to deprive felons and
mental deficients of this right. The problem is in enforcing the existing
statutes, not in enacting restrictions that will encompass the responsible
Americans who have already been guaranteed this right in our most sacred
document. If this committee in its wisdom feels more specific legislation
is needed to assist law enforcement officers in coping with armed criminals,
then laws should be passed that deal with criminals, not honest citizens.
Make it more dangerous for thieves, burglars, rapists and robbers to carry
guns. Provide prohibitive punishments for offenses committed with firearms.
Give the courts more latitude in punishing armed criminals. Thereby you
will give our law enforcement officers incentive to enforce these laws and
the lawless a deterrent. But don't disarm the man who wants a gun to protect
his home and family and, in dire straits which we hope will never come about,
to defend his country.
With alarming increase in crimes against individuals in recent years,
proponents of firearm controls have chosen the worst possible time to attempt
to restrict our right to own guns. This lawlessness and the lurking danger
of assault have been used as arguments in favor of strict gun legislation,
but quite the opposite is the case. Persons intent on burglary will con-
sider their actions in a different light as long as there remains a
possibility that the occupants inside the unsuspecting house may be armed.
If a burglar has assurance that his intended victim is defenseless, what
Statement by Rep. Battin before House Judiciary - Page 3
deterrent is there to his act except the unlikely occurrence of a
patrolling police car. After an armed burglar is inside a house and has
the family under his gun, the patrolling policeman has no indication a
crime is being committed. A burglar entering the house of an unarmed
family has to concern himself with only the few seconds it takes him to
force the door.
Proponents of this measure also argue that the controls will only
make it difficult for people bent on crime to obtain weapons. They do
not say it will be impossible for a normal-appearing madman or a criminal
with bogus credentials to buy a gun. But it will take a few weeks longer
to get a gun under this measure. I don't have to assure you that
destructive, dishonest and demented individuals who want a gun will not
hesitate to go through the complex procedure required to obtain one under
this bill. And even if we pass a bill that will take guns from everyone,
don't be deluded into thinking the criminal and the insane person will not
find another way to get a gun or to accomplish their purpose with another
weapon.
The man who goes about robbing liquor stores with a gun these days
would be able to use a knife or small club to accomplish the same crime
if the Federal Government deprives storekeepers of their weapons. If a
gun control law is enacted the people who will obey it are those who should
not have to. The criminal or insane person, whom we seek to disarm, will
disregard this law as well as other laws and the only thing we have accom-
plished is to disarm their victims.
Supporters of gun controls have argued with me that sportsmen will
Statement by Rep. Battin before House Judiciary - Page 4
still be able to obtain weapons through an involved procedure. This is
true enough at present, but restriction begins that infringement which
the Constitution specifically warns against. The purpose of licensing
any object is to control and the provisions of a license allows the discre-
tion of the governing power. I do not believe that Congress wants or
should have this power in the area of firearms.
I believe that instead of discouraging the good citizens of our
country from owning firearms, we should endorse the principle of self-
protection and diminish the need of such.
The Outdoor Recreation Resources Review Commission summed up a
distinguishing characteristic of Americans with this statement in its final
report: "The outdoors lies deep in American tradition. It has had immea-
surable impact on the nation's character and on those who have made its
history. This is a civilization painfully and only recently carved in
conflict with the forces of nature--farms from unbroken prairie and cities
from wilderness. The epic of American life is the tale of the pioneer,
edging his way westward in the face of unending danger and hardship. When
an American looks for meaning in his past, he seeks it not in ancient
ruins but more likely in mountains, forests, by a river, or at the edge of
the sea."
The man with the gun is found on almost every page of our history. He
has been known by such names as Miles Standish, George Washington, Daniel
Boone, Kit Carson, Jim Bridger, Wesley Powell, Teddy Roosevelt, Buffalo Bill
Cody, Alvin York, and a host of others. He has been famed for his steady
aim, square shooting, and bravery in peace as in war.
Statement by Rep. Battin before House Judiciary - Page 5
Almost without exception, our national heroes have been hunters and
fishermen--outdoorsmen who received their early training in pitting their
skill and physical endurance against the forces of nature and the cunning of
wild creatures. They have left their imprint on the American brand of
patriotism, as well as on the trails of adventure which once led to far-off
forests, prairies, mountains and western shores.
Today, in America, there are still some 14 million men and youngsters
over the age of 12 years who take to our fields and forests each fall in
pursuit of game. The figure is undoubtedly much higher, but statistics are
hard to come by. Between 1940 and 1962 the number of licensed hunters in
the United States increased by nearly 80 percent--almost twice as much as the
percentage growth of population during the same period. Hunting continues
to be one of the most popular types of outdoor recreation in America--and
every indication points to the continuation of its popularity.
In recent years, many people who have good intentions but are poorly
informed, have pictured the hunter as a "vanishing" American and have blamed
on him many of the woes that have befallen some of our native wildlife
species. These are the people who, even though they may accept the contri-
butions to our American heritage made by the hunters and explorers of the
last century and the first eras of this one, now condemn the modern sportsmen
as an unnecessary element in our society. Some attack the hunter on moral
grounds, charging cruelty to animals. Some attack the man with the gun with
fostering many of our social ills--juvenile delinquency, rising crime rates,
the degradation of our physical, mental and moral health.
The fact of the matter is that there exists sound evidence that outdoor
Statement by Rep. Battin before House Judiciary - Page 6
sports, including hunting, can be an effective preventive, and oftentimes
a cure, for juvenile delinquency. Judge William G. Long, of Seattle's
Juvenile Court, heard 45,000 cases of juvenile delinquency during a period
exceeding 20 years and discovered that not one of these boys or girls had a
wholesome outdoor hobby as his or her recreational outlet. In the same vein,
we have the case of J. J. Jones, the jailer of Knox County, Tennessee. While
performing his duties, Jones examined the belongings of 10,000 inmates and
discovered that less than 2 percent had owned a hunting or fishing license.
Hunting may not be the only solution to some of our social ills but it
is certainly one of the best. But the "sport of Kubla Khan--the first game
manager recorded in history" goes far beyond social significance. From the
first Thanksgiving dinner of two hundred years ago--one featuring a main
course of wild meat--venison and "partridge" and wild turkey--to present,
the hunter has not only pursued the wildlife resource of America, he has
fought valiantly to preserve it.
What some modern day critics of the sport have never learned, or perhaps
have conveniently forgotten, is that modern game laws and game management
programs have resulted almost entirely because many hunters at the turn of
the century saw the handwriting on the wall. They knew that hunting, parti-
cularly market hunting, had made serious inroads on wildlife populations. But
they also realized that a more serious threat to wildlife was posed by the
spread of our civilization across the land. We had cleared the vast forests
that were the home of the passenger pigeon--and with them went the habitat
without which this bird could not live. We had plowed up the prairies and
fenced the western ranges upon which the buffalo depended. Even without hunt-
ing, these famous American species were doomed.
Because those early sportsmen--Teddy Roosevelt, William Hornaday, Henry
Statement by Rep. Battin before House Judiciary - Page 7
William Herbert (who used the pen-name Frank Forester and was the first
American outdoor writer), George Shiras 3rd, John M. Phillips--set out on a
crusade for wildlife, we have brought back from the brink of extinction such
wonderful animals as the whitetailed deer, the black bear, elk, pronghorn
antelope and a host of others. In 1890 the deer population of North America
was estimated at no more than 500,000 head. They were practically extinct
in Pennsylvania and in many other states. In 1963--just 75 years later, the
deer population of New York State alone was estimated at 375,000 animals.
Another 350,000 lived in Pennsylvania. Every state in the Union permitted
deer hunting of some kind last year.
In 1922 the American Bison Society made a census of all pronghorn ante-
lope in North America. The total was set at 11,749 head and no antelope
hunting was permitted in that year anywhere on the continent. In 1963, the
continental pronghorn population exceeded 500,000 and hunting was allowed
in 12 states and two Canadian provinces. The combined annual hunter take
of antelope in Wyoming and Montana alone is about 50,000 animals--twice the
total living population of 1920.
During this same period of less than 50 years, elk have increased from
around 50,000 animals to approximately 250,000 in 1963. We have even brought
back the buffalo and today about 8,000 head occupy all available range in
the United States. Some states even have permitted a controlled harvest of
buffalo in recent years in order to keep the herds in balance with their food
supplies. Sportsmen have long made important contributions to the public
welfare, the protection of all wild birds and animals, and the economy of our
country.
Statement by Rep. , Battin before House Judiciary - Page 8
Today, for example, much of the pleasure the housewife and businessman
derive from watching songbirds in their backyard is made possible by the
voluntary contributions made by hunters each year to improve wildlife
habitat throughout America.
Hunters are the financial backbone of state game departments which are
charged by law to care for all wildlife, not only the game species but the
non-hunted wildlife as well. Millions of bird-watchers, nature enthusiasts,
tourists and campers enjoy the wonders of wildlife the year around, but few
realize that, if it were not for hunters, there would be little, if any,
wildlife to watch. Law enforcement officers whose salaries are paid en-
tirely through revenue derived from the sale of hunting licenses not only
enforce seasons and bag limits on those birds and animals which may legally
be hunted--they likewise enforce the laws, rules and regulations designed
to protect non-hunted species such as hawks, shore birds, eagles, and swans.
State game departments as well as the Federal Bureau of Sport Fisheries
and Wildlife are constantly creating new habitate and improving living con-
ditions for all of nature's creatures. A waterfowl refuge benefits more than
ducks and geese; a food strip planted in the forest creates a habitat good
for songbirds as wells as game birds.
State game departments each year collect more than $68 million from
hunters for licenses, tags and permits. This money is used for land acquisi-
tion, biological research, wildlife protection, for creating more food and
cover, range improvement, and protection of all wild birds and animals.
More than 300 million has been distributed to state game departments
since 1938 under terms of the Pittman-Robertson Act which created a "Federal
Aid in Wildlife Restoration Fund" from an 11 percent excise tax on the sale
Statement by Rep. Battin before House Judiciary - Page 9
of all sporting arms and ammunition. It is significant that arms and
ammunition manufacturers recently testified before a Congressional committee
reviewing all Federal excise taxes and requested that their products continue
to be taxed for this purpose. Indeed, this is probably one of the few times
in recorded history that anyone requested continuation, instead of abolish-
ment, of taxes. But these manufacturers realize the value of continuing a
program designed to conserve and more properly manage the natural resource
upon which their very existence depends.
The program has resulted in the purchase and development of 2,370,000
acres of land and about 900,000 acres of prime waterfowl habitat. Hunters
may use this land for two or three months, but it is open to the public the
year round.
Everyone in America thrills to the melodious honking of wild geese which
migrate down our airways each spring and fall. Hunters have spent more than
$80 million for duck stamps since 1934 to keep those geese flying high, along
with flocks of wild ducks. Federal wildlife agencies have used the money
to acquire nearly 400,000 acres of refuges and production areas. They have
spent some $24 million to maintain these refuges, $11 million to improve
food and cover conditions on these areas, and additional monies on waterfowl
research, without which no management program can succeed.
In addition, hunters, organized in thousands of clubs and conservation
organizations throughout the United States, have spent at least $50 million
each year in developing privately-owned lands for wildlife. On their club
grounds, training areas, refuges and other lands, they have devoted long hours
and gone to great expense to improve living conditions for all wildlife, from
Statement by Rep. Battin before House Judiciary - Page 10
the tiniest songbird to the largest game animal.
But the contribution made by the hunter goes far beyond what he has
done, and is presently doing, to preserve and maintain our great wildlife
resource. Many studies have clearly shown that the American sportsman
represents a major corner of the nation's economic market. Recent surveys
indicate he feeds more than $1,121,000,000 into the national economy. Putting
it another way, for every dollar the hunter spends on his sporting equipment,
he spends another $2 or more on so-called "side" expenses.
And so by any measure, from any logical viewpoint uncolored by sentiment
or emotion, today's hunter-sportsman is carrying on the traditions of his
pioneer forefathers. He may be a paradox to the non-hunter, but without him
there would be little, if any, wildlife left in America. He stands for pro-
tection, preservation, and wise use of annual surpluses of game birds and
animals. He has been in the forefront of the nation's attack on mis-manage-
ment or exploitation of our natural resources--our soils, waters, forests,
rangelands and wildlife. The true sportsman is first, last and always a
conservationist--dedicated to the principle of the greatest good for the
greatest number for the longest period of time.
In closing, I beseech you to consider legislation that would make it
less profitable for criminals to carry guns while not jeopardizing the
Constitutional rights of our responsible citizens.
I would also ask you to send this bill to the House Ways and Means Com-
mittee when your deliberations are completed so that we can review the
sections that are under our jurisdiction. Since this bill seeks to repeal
the Federal Firearms Act and amend the National Firearms Act, both of which are
Statement by Rep. Battin before House Judiciary - Page 11
under the jurisdiction of Ways and Means, we should also have the opportunity
to hold hearings and recommend action before it is presented on the floor.
Thank you again, gentlement, for allowing me to present a written
statement for your consideration even though I was unable to personally
appear before you. I was informed by members of the Judiciary Committee
Staff that my request to be heard was inadvertently misplaced by a staff
member who, after scheduling my appearance, was taken ill and didn't complete
my application.
September 8, 1968
Memorandum
To: Martin Anderson, Alan Greenspan
From: Jeff Geilich
file
Re: Gun Control
Sen. Tydings and others reportedly plan to fight to add
registration and licensing provisions to the pending bill
to ban interstate mail order sales of rifles and shotguns.
With the Senate Commerce Committee's waiver on Friday, the
bill is now cleared for Senate debate. It is likely that
RN will be asked for comment.
Humphrey has called for licensing and registration of
firearms by Congress 1f the states fail to act.
RN has said that gun sales are best controlled at the
state level and that the Federal Government's role should
be limited to controlling interstate shipment of guns, To
my knowledge, RN has not taken a position on licensing and/
or registration. Reproduced at Richard Nixon Library and Museum
wp
18-1
And Take Away the Guns
The shooting of Robert F. Kennedy and five
other innocent persons in Los Angeles was merely
be ended. Eyeryone now possessing a pistol or re-
the most sensational of numberless shootings that
volver should be required to turn it in to police au-
took place in the United States on Tuesday night.
thorities by a fixed date-with just compensation,
Here in Washington, at a Georgetown hamburger
of course. Licensed shooting galleries and clubs
shop, two young Marine lieutenants, 20 and 21
may be allowed to keep such guns under stringent
years old, were shot dead and a third officer and
controls for target shooting purposes. But un-
a young woman were wounded by gunfire at al-
licensed possession of one of these weapons by
most the same moment that the tragedy occurred
anyone should be subject to severe penalties.
in Los Angeles.
Possession of sporting rifles and shotguns should
The United States can put a stop to this sense-
be limited strictly to law-abiding, responsible
less slaughter-or at least very greatly lessen it.
adults; and every one of these weapons should be
Congress has it within its power to do this simply
registered, along with all sales of ammunition for
and effectively, as every other civilized country
them. Regulations should be formulated also for
has done it-by bringing the sordid traffic in guns
the responsible handling of these firearms, requir-
under control. There were, as President Johnson
ing that they be kept unloaded and disassembled
said yesterday, more than 5000 homicides by fire-
except when being employed at appropriate places
arms in this country during 1967-not to speak of
for target shooting or hunting. Better still, per-
suicides and accidental shootings which brought
haps, they should be kept, as in Japan, at gun
the year's death toll from guns up to about 18,000.
clubs where they can be obtained by their owners
Gun homicides are fewer than 50 a year in Eng-
when actually needed for sport.
land or in Japan.
These measures will not forbid legitimate and
Thanks to the insensate obstructionism of the
reasonable use of guns for lawful purposes. They
National Rifle Association, the gun-control pro-
will, however, make it extremely difficult for
visions of the current omnibus crime bill are pid-
criminals, lunatics, children and assassins to ac-
dling and ineffectual. It is time now to deal with
quire guns. And they will reduce the tragic in-
the gun peril in this country definitely, on its own
cidence of shootings by infuriated or intoxicated or
merits and in a distinct piece of legislation, not
careless individuals who happen to find a gun
squeezed casually into a hodge-podge measure of
handy when they lose control of their minds or
doubtful constitutionality. We applaud most warm-
their tempers.
ly the President's appeal to Congress "to enact a
The frontier has passed from American life.
strong and effective gun control law, governing the
Americans now live in much too close proximity
full range of lethal weapons." But control must go
to each other to leave guns lying around at random
beyond the purchase of firearms. It must govern
for their mutual destruction. The one redeeming
possession as well.
benefit that could flow from the Kennedy tragedy
Regarding pistols and revolvers, the control
in Los Angeles is effective action to save the lives
should be just as rigid as possible. No one ought to
of his fellow Americans. Common sense and a
be allowed to possess one of these weapons, de-
decent respect for the sanctity of human life com-
signed only for the killing or maiming of human
mand the President and Congress to deal with this
beings, unless he is a member of the military, a
peril now.
law-enforcement officer or an individual whose
peculiar occupation and circumstances require him,
in the judgment of the police, to possess a hand-
gun for self-protection.
In short, private sale of these weapons should
S2264
CONGRESSIONAL RECORD - SENATE
March 6, 1968
tion, that legislatures can subject the right
Considerable variations in the pattern and
deter premeditated crime. However, neither
to bear arms to reasonable regulation.
degree of control are found in the state leg-
the professional nor the amateur is likely
Others have held that "arms" does not in-
islation. The agency exercising the control
to seek to obtain weapons in a way sanc-
clude the type of weapon the questioned en-
also varies: permits and licenses are admin-
tioned by law if it requires bringing himself
actment seeks to regulate.⁷
istered by a city or county police official or
to the attention of a licensing authority.
C. Acts of Congress
sheriff, by a state office of public safety, by
Both would probably seek out illegitimate
The National Fireams Act of 1934, admin-
a judge, a county clerk, a mayor, or a city
sources. In that case, the law would have
istered by the Alcohol and Tobacco Tax Divi-
or county licensing office. A similar variety is
the greatest preventive effect upon the ama-
sion of the Internal Revenue Service, imposes
found in respect to type of weapon regulated.
teur: the professional would probably have
federal regulation on firearms under the tax-
Among the definitions of firearms found in
the contacts to find an illegitimate source;
the statutes are: "firearms with barrel less
ing power.8 A prohibitive tax is placed on the
the amateur probably would not.
manufacture and transfer of automatic fire-
than eighteen inches" (or other length),
In addition to keeping guns out of the
arms, rifles with barrel length less than 16
"pistol or revolver," "handgun," "conceal-
hands of the man who has already decided
inches, shotguns with barrel length less than
able weapon," and "deadly firearms."
upon his course of crime, advocates of re-
While this lack of uniformity in state leg-
18 inches, sawed-off shotguns, handguns with
strictive gun legislation believe that reducing
islation presents an obvious problem in
shoulder stocks, and silencers or mufflers.
the availability of weapons will remove one
maintaining a strict control in any single
The commerce power has also been the
cause of crime. They hypothesize that the
state, the variety itself suggests different
source of federal control over firearms. The
presence of guns induces the commission of
views among the states of the seriousness of
Federal Firearms Act of 1938 requires li-
premeditated crimes by persons who would
the firearms problem. Three uniform acts
censes (easily and inexpensively obtainable)
lack courage without a firearm. To be effec-
have been proposed by the National Con-
for firearms manufacturers, importers, and
tive, assuming there is validity to the hypoth-
ference of Commissioners on Uniform State
dealers. It also prohibits shipment in inter-
esis, legislation designed to diminish this
Laws, with very little response from state
state commerce of firearms which are sent to
danger would have to restrict severely the
legislatures.¹⁰ The likelihood of the adoption
or from convicted felons or fugitives from
general availability of weapons. Since it is not
of strict uniform state legislation appears
justice, firearms which have been stolen, and
highly doubtful.
presently possible to anticipate what types of
firearms which have had the serial numbers
persons might be so induced to commit
IV. ANALYSIS OF THE FIREARMS PROBLEM AND
obliterated.'
crimes, it would be necessary to so restrict
APPROACH TO CONTROL
Postal laws prohibiting the mailing of con-
access to weapons as to severely reduce non-
A. Goals of firearm control
criminal uses of firearms.
cealable weapons constitute another source
of federal control.
The reasons advanced for firearms control
Also to be considered is the likelihood that,
are usually (1) prevention of crime and (2)
if access to guns is eliminated, some persons
D. State legislation
detection of criminals.
will utilize other weapons to carry out pre-
A review of state legislation, through July
Two major types of crime require separate
mediated crimes. What may be the net result
1, 1966, has been completed and its major
attention when considering the effectiveness
on frequency of premeditated crimes?
provisions are charted in Appendix B. It will
of firearm legislation in preventing crime:
In the passionate crimes, we picture an
be noted that state restrictions on firearms
premeditated crime and the "heat of pas-
individual who, overcome by rage, seizes a
take the forms of positive control on one
sion" crime. ("Premeditated" is used here
firearm ready at hand and shoots his victim.
hand and prohibitions on the other. For ex-
not in its strict legal sense, which includes
In many areas of the United States, guns are
ample, 30 jurisdictions require a license to
an almost instantaneously formed intention
almost instantly available in homes, at hard-
carry a handgun on or about the person; 18
of criminal consequences, but in the popu-
ware stores, sporting goods shops, or gun-
states require a permit to carry a handgun
lar understanding of a deliberately planned
smiths. It is quite possible that a seething
in a vehicle; 22 states require a license to
and executed crime.) Markedly different
rage would sustain some people through the
sell handguns at retail; 9 require a waiting
courses of behavior are involved in these
minimal difficulty of acquiring a weapon
period between purchase and delivery; 19 re-
classes of behavior, and different patterns of
under these conditions. It is quite probable
quire sales to be reported to law enforce-
gun control statutes would seem necessary.
that waiting periods or the red tape of get-
ment officials; New York requires a permit
If gun control pursues the objective of
ting a permit would discourage these people
for simple possession of a handgun, and Ha-
prevention of premeditated crimes, the legis-
from acquiring guns. It does not necessarily
waii requires registration of handguns and
lation must keep guns out of the hands of
follow that the crimes would not be com-
all other firearms regardless of type. Twenty-
both the professional criminal and the occa-
mitted. We do not know how likely it is that
one jurisdictions have laws that prohibit the
sional, determined amateur. The foregone
such persons would turn to another weapon
carrying of a handgun on the person; South
conclusion that 100 per cent effectiveness is
when a gun is not available. Also we do not
Carolina completely prohibits the manufac-
impossible does not warrant abandonment
know how many crimes of passion are com-
ture or sale of handguns. In addition, speci-
of the objective, but it does require a realis-
mitted by people who would have had a
fied classes of persons, described in 43 of the
tic appraisal of the prospective degree of suc-
weapon under any reasonable laws restrict-
statutes, are prohibited from possessing fire-
cess and an evaluation of the methods that
ing sale and possession.
arms, e.g., aliens, felons, minors, drug addicts,
might be employed to achieve given levels
It may be possible to devise very restrictive
mental incompetents.
of effectiveness. Doubtless, severe restric-
legislation that would have a significant pre-
tions on the open market sale of firearms
ventive effect on both types of crime, but it
6 States where reasonable regulation of
would tend to achieve the desired goal. It
would be extremely difficult to do so while
right to bear arms held valid in absence of
would also cause an underworld market to
also accommodating the views of those who
constitutional authority: Alabama: Jackson
develop. It is possible, however, that a pro-
wish to protect the convenience of legitimate
V. State, 37 Ala. App. 335, 68 So. 2d. 850
gram of strict enforcement could make the
gun users.
(1953). Arkansas: Wilson V. State, 33 Ark.
cost so high and risk so great as to have some
If detection in criminal cases can be mate-
557, 34 Am. R. 52 (1878). California: People
deterrent effect. It must be remembered,
rially aided by strict gun registration, the
V. Ferguson, 129 C.A. 300, 18 P.2d. 741 (1933).
however, that the tight administration and
question of the cost of such improved detec-
Indiana: State V. Mitchell, 3 Black. 229
enforcement of such a law would be very
tion must be considered. Assuming that a
(1833) MacIntyre V. State, 170 Ind. 163, 83
expensive. It might create a drain on avail-
gun has been used in a crime, detection might
N.E. 1005 (1908); Mathews V. State, 237 Ind.
able resources that would make other activ-
be aided by the following gun control prac-
677, 148 N.E. 2d. 334 (1958). Kansas: City of
ities, such as crime detection, less effective.
tices:
Salina V. Dlaksley, 72 Kan. 230, 83 P. 619
In the case of professionals, the objective
a) If a gun register is maintained, it could
(1905). Michigan: People V. Zerillo, 219 Mich.
would be to make it difficult for a person
be searched to determine whether any of the
635, 189 N.W. 927 (1922) People V. Brown, 253
having known proclivity to crime to obtain
suspects own a gun of the type used.
Mich. 537, 235 N.W. 245 (1931), Ohio: State
firearms. His past activities serve as a warn-
b) If the weapon is found, gun sales rec-
V. Nieto, 101 O.S. 409, 130 N.E. 663 (1920);
ing signal that a weapon in his hands is a
ords could identify the owner.
Akron V. Williams, 113 App. 293, 177 N.E.
danger to the community. With the amateur,
c) If ballistics records are kept on every
2d. 802 (1960). Oregon: State V. Robinson,
no such warning is available, making inef-
gun manufactured, identification from the
217 Ore. 612, 343 P.2d. 886 (1959). Pennsly-
fective any licensing system designed to
bullet could identify the gun and then the
vania: Commonwealth V. Kreps, 25 Dauph.
owner.
335 (1922); Wright V. Commonwealth, 77 Pa.
10 The Uniform Firearms Act (1930) was
Two questions immediately arise. Do we
470 (1875). Washington: State V. Krantz, 24
enacted in Alabama, District of Columbia,
presently have the scientific and managerial
Wash. 2d 350, 164 P.2d. 453 (1945); State V.
Pennsylvania, South Dakota, and Washing-
know-how to implement such programs?
Tully, 198 Wash. 605, 89 P.2d 517 (1939).
ton, and with modifications in California,
And is there enough criminal activity in
States where "arms" held not to include
Hawaii, Indiana, New Hampshire, North Da-
which this sort of detection would be val-
certain regulated weapons: Arkansas: Fife V.
kota, and Rhode Island, and superseded in
uable to warrant the very large expenditure
State, 31 Ark. 455, 25 Am. R. 556 (1876).
1940 by the Uniform Pistol Act. The Uniform
of money and time necessary to create and
Pennsylvania: Commonwealth V. Kreps, 25
Machine Gun Act (1932) was enacted in Ar-
maintain the detection machinery? An af-
Dauph. 335 (1922).
kansas, Connecticut, Maryland, Montana,
firmative answer can confidently be given
26 USCA §§ 5801, 5802, 5811-5814 (1955)
Ohio, South Carolina, South Dakota, Vir-
to the first question, but further informa-
(Supp. 1966). June 26, 1934, c. 757, 48 Stat.
ginia, and Wisconsin and withdrawn as ob-
tion would be required in order to make a
1236.
solete in 1954. The Uniform Pistol Act (1940)
worthwhile judgment on the second.
9 15 USCA §§ 901-909 1963). June 30, 1938,
was enacted in New Hampshire and North
C. 850, 52 Stat. 1250.
Assuming that only a law uniform among
Dakota and withdrawn as obsolete in 1959.
the states can be effective, can variations in
PRESERVATION COPY
Reproduced at Richard Nixon Library and Museum
March 6, 1968
CONGRESSIONAL RECORD - SENATE
S2265
pattern that may occur throughout the coun-
a course for or against federal gun control?
The proposed federal law does not reach
try be eliminated without an undue burden
The answer depends upon the value choices
the question of who should be permitted to
on the legitimate user or on the law enforce-
discussed above. If uniformity is considered
buy a weapon except as to minors. It works
ment officials? For example, it is widely as-
essential and desirable, if the interest of so-
primarily to lend local officials support in
serted that handguns are the most serious
ciety in controlling weapons is held to tip the
whatever methods they may undertake for
problem. This appears to be the view of
balance against inconvenience to legitimate
controlling accessibility of firearms within
knowledgeable people in urban areas at least,
users, the results of our inquiry suggest that
the locality. If federal legislation remains re-
although shoulder weapons may be the more
those with the most experience would pre-
stricted to this role, effectiveness still re-
serious problem in less densely populated
dict that the resulting legislation would have
mains primarily a local matter.
areas. Suppose that the vast majority of rifles
some beneficial effect on law enforcement.
What are the prospects for effective regu-
and shotguns in New York City are owned
V. PROPOSED RESPONSES TO THE PROBLEMS OF
lation at the state and local levels? We asked
and used by sportsmen; is it desirable to im-
FIREARMS REGULATION
our list of selected police officials if they be-
pose strict regulations there for the sake of
A. Federal action
lieved a requirement of permits to purchase
uniformity with the rural areas of Wisconsin,
or possess firearms would be effective in pre-
where rifles and shotguns may have ac-
In 1965 there was a bill before Congress
venting undesirables from obtaining guns.
counted for more crime than pistols? Eval-
designed to further regulate interstate traffic
Twenty-two said yes. Twenty-two said no.
uation must be made not only in terms of
in firearms and to curb importation. At that
When asked if such requirements would aid
inconvenience to the non-criminal user but
time, Attorney General Katzenbach 11 stated
in criminal detection, 26 said yes and 19 said
also in terms of the administrative burden
that the purpose of the legislation was "mere-
no. We also asked what measures the police
imposed on the law enforcement agencies.
ly, to help the states protect themselves
felt were necessary for firearms control (see
Is is apparent that no state or city can
against the unchecked flood of mail-order
Table 2).
now attain security from the dangers of
weapons to residents whose purposes might
easily accessible weapons by requiring its
not be responsible or even lawful."
TABLE 2.-OPINIONS OF SELECTED POLICE OFFICIALS ON
citizens to get permits for the purchase of
That bill died in committee and in January
THE ESSENTIAL ELEMENTS OF EFFECTIVE FIREARMS
firearms. Seven states presently require a
1967 another bill was introduced, and is still
REGULATION
permit to purchase firearms and all of them
pending. The provisions of the present bill:
border on states without such requirements.
1. Requires licensing of interstate import-
ers, manufacturers and dealers; illegal to ship
Control element
Number
The only factor which uniformly disqualifies
to other than aforesaid except return of a
mentioning
a person from obtaining a firearm is nonage,
and this varies from 12 years to 21. Thus,
firearm to sender or replace same, or send
legal restrictions in effect at place of resi-
firearms to any officer, employee, agent, or
Requirement of permit, license of examination
watchman coming under 18 U.S.C. 1715.
to purchase firearm
12
dence are easily overcome. In the light of the
Uniform State or Federal law
8
growing mobility of our population, the per-
2. Does not apply to shotguns or rifles
Registration
9
centage of unregistered firearms may grow.
(other than short-barreled) suitable for
More severe penalties
6
sporting use and not military surplus, where
Restriction on mail-order sales
3
Uniformity would make the job of effec-
Waiting period between purchase and delivery_
tive enforcement easier in any given juris-
the person to whom it was mailed has sub-
2
mitted a sworn and notarized statement in
diction, but unless the uniform legislation
meets the requirements of the most restric-
duplicate that he is 18 or over, and not pro-
If this variation in the views of the police
tive system now in effect, some areas will
hibited from receiving by the act; that no
officials who responded to our questions is
continue to experience circumvention. It
local law is violated by the shipment; and
an accurate reflection of views throughout
does not appear possible that all states would
giving title, name, and address of principal
the country (something we do not know),
adopt a composite of the most stringent sys-
local law enforcement agent.
we probably cannot look for significant
tems now in effect. Neither does it appear
3. Shipper must forward by registered let-
changes in the patterns of state and local
ter to the local officer the statement of the
likely that those states or cities that have
law. The net effect of the proposed federal
stringent laws will relax them in the interest
recipient and information on the gun, not in-
law would be to require those who cannot
of uniformity. Although uniformity may not
cluding serial number, and receive return
now obtain weapons in their own commu-
be attainable, consideration should be given
receipt of letter or letter itself which has
nities to expend a little more effort to ac-
been refused and returned.
to the development of a set of minimum re-
quire them elsewhere; with mail-order guns
quirements for recommendation to all the
4. Shipper must retain copies of statement
no longer available, some travel would be
and letter.
states.
5. Governor may designate state official to
required to circumvent the law. The resident
B. An analysis of values to be considered
receive local notice, or request discontinuance
in a city where permits are required would
of local notice.
have to go to the suburbs. The resident of
The reasonably expected results of a par-
ticular program of gun control must be bal-
6. Makes unlawful a false statement by
a state where permits were required would
sender.
have to resort to private purchases from
anced against the inconvenience to legiti-
citizens of other states. Federal limitations
mate users of firearms and against limita-
7. It is unlawful for a person to transport
into or receive in any state a firearm acquired
on interstate shipment would reduce acces-
tion of the principles behind the constitu-
tional safeguard of the right to bear arms.
outside the state of his residence where it
sibility to some degree, but to what degree?
Similar considerations arise on the ques-
would have been illegal for him to acquire
Certainly, they would not deter the profes-
tions of administration. Benefits of uniform
such firearm.
sional criminal but would probably deter
the amateur criminal to some extent. Such
legislation must be balanced against poten-
8. Any licensed importer, manufacturer, or
tial needs for variation because of local con-
dealer may not dispose of any firearm to any
provisions probably would have some lim-
ditions. A comparable value judgment must
person without ascertaining identity, date
iting effect on the number of heat-of-pas-
be made on the question of whether state
of birth, and place of residence.
sion criminals but much less on the pre-
or federal control is preferable.
9. Cannot sell to anyone under 21, except
meditating criminal. The deterrent effect on
In this connection, the attitudes of certain
rifle or shotgun, then under 18.
the amateur criminal and the perpetrator of
prosecutors toward a federal gun law may be
10. Cannot sell to out-of-state residents,
a passionate crime would result from a re-
of interest. We received the views of 29 pros-
except shotguns and rifles.
duction of the number of weapons in the
ecuting attorneys on the desirability of a
11. Cannot sell where violative of state law.
hands of non-criminals and all potential
federal law aimed at further restricting in-
12. Provisions 9, 10, 11 do not apply be-
criminals.
terstate traffic in firearms (Table 1). Oppo-
tween licensed persons, or to cases covered
B. Proposals affecting enforcement
sition was quite strong.
by shipping requirements.
Another approach that directly reaches
13. Cannot sell to persons under indict-
the criminal and potential criminal has
TABLE 1.-OPINIONS OF PROSECUTORS ON FEDERAL RE-
ment or convicted of crime requiring 1 year
been suggested by many police officials and
STRICTION OF INTERSTATE TRAFFIC IN FIREARMS
or more, or to fugitive from justice. Such
others familiar with the problems of criminal
person can not ship, transport, or cause to
law and law enforcemnt. They assert that,
Jurisdiction of
Number of
Federal law
be shipped or transported any firearms. Such
since restrictive firearm legislation has not
prosecutor
prosecutors
persons cannot receive firearms in interstate
been and is not likely to be effective, police
Desired
Opposed
commerce.
should be allowed to stop and search sus-
14. Requires notice on packages.
pects and their possessions on the chance of
Rural
9
1
8
Rural-urban
9
15. Shipper knowing or having reason to
illegal possession of firearms although there
3
6
Urban
5
6
know of above type violations may not de-
is no "probable cause" for arrest.
11
liver to one who does not have license.
The American Bar Foundation's empirical
Total
29
9
20
16. Prohibits traffic in stolen firearms.
studies of criminal justice administration
show that it is, in fact, common practice
17. Prohibits traffic in firearms without a
As we might expect, among prosecutors
now for the metropolitan police to detain
serial number.
support for federal legislation appears to be
suspects, without .probable cause, to ques-
stronger in urban areas than in rural areas,
tion them and to frisk them.¹² Such a prac-
and support for federal intervention is di-
11 Statement by Attorney General Nicholas
rectly correlated with the local extent of
deB. Katzenbach before the Subcommittee
12 W. La Fave, Arrest: The Decision To Take
crimes involving firearms. But does the opin-
on Juvenile Delinquency of the Senate Com-
a Suspect into Custody (Little, Brown & Co.,
ion of this group of prosecutors help to chart
mittee on the Judiciary, May 19, 1965.
1965).
Reproduced at Richard Nixon Library and Museum
2266
CONGRESSIONAL RECORD - SENATE
March 6, 1968
tice by the police, in the absence of probable
At first glance it would appear that the
dent HUMPHREY'S speech to the National
cause for arrest, is presently illegal in most
uesfulness of a particular gun control statue
Housing Conference on March 4.
states. The practice continues but results in
could be readily determined by empirical
The Vice President commended the re-
confiscation of weapons rather than convic-
research. The presence of a variety of con-
tion of those who illegally possess them.
stitutional and statutory patterns among the
port of the National Commission on Civil
Legislation allowing search upon reasonable
states would seem to create almost a labora-
Disorders on which I was privileged to
grounds for suspicion, the so-called "stop,
tory model for testing the effect of different
serve. He emphasized that it is the re-
question, and frisk" laws, has been adopted
regulations. It would seem, for example, that
sponsibility of the entire American com-
in several states.¹³ There is some doubt
comparison could be made between the inci-
munity to meet the challenge outlined in
about their constitutionality; they have not
dence of the use of firearms in crimes in
the Commission's report-to correct age-
been tested in the U.S. Supreme Court.
jurisdictions with tight control laws and
Power of the police to stop and search a per-
those which do little to restrict access to
old inequities in our society so that Amer-
son on reasonable suspicion that he is in
guns.
ica will not become permanently divided
illegal possession of a weapon and, when
However, two factors seriously restrict this
between black and white.
they find such weapon, to present it as
prospective success of such a compartive
If the Commission's fear of a society
evidence in court might well provide a sig-
study. The first, and most important, factor
divided along racial lines becomes a
nificant deterrent to possession if possession
is the presence of a number of variables
reality, said the Vice President:
itself were made illegal.
which affect the rate of violent crimes apart
It will not be so much because any specific
Alternatively, the exclusionary rule that
from ease of access to guns. Other factors al-
government failed. It will be because our free
prevents the introduction of evidence ob-
most certainly outweigh the presence of fire-
society failed; because taxpayers waited for
tained by illegal search could be relaxed as
arms as a cause of crime: for example, New
someone else to pay for community services;
to illegal firearms, making possible a con-
York has much stricter gun control laws and
because Chamber of Commerce and union
viction for illegal possession. This has been
a much higher crime rate than neighboring
members in a thousand American cities did
done in Michigan by amendment of the
Vermont. Among the variables which must
not throw open the doors of job opportunity;
state constitution, though the validity of this
be considered are population size and density,
because government officials were more con-
provision is in doubt since the U.S. Supreme
economic conditions, degree of social, racial
cerned with their precious jurisdictions than
Court decision in Mapp v. Ohio, 367 U.S.
and religious homogeneity, and community
with the people living within them; because
643 (1961). In the light of Mapp, an excep-
attitudes toward crime in general and guns
school boards and PTA's forgot the cost of
tion to the exclusionary rule which would
in particular.
ignorance in a free society; because builders,
permit introduction into evidence of illeg-
Even if it proved possible to devise com-
land developers, and real estate people failed
ally seized firearms would probably require
parisons that controlled some of these vari-
to meet a national housing crisis; because a
congressional legislation and conceivably
ables and reduced the number of factors
complacent or fearful majority ignored the
amendment of the federal Constitution.
extraneous to firearms, such a study would
long-deferred rights and aspirations of an in-
Adoption of either of these proposed meth-
meet with a practical obstacle-the absence
creasingly impatient minority.
ods aimed at convictions for illegal posses-
of comparable records. At present, police de-
sion of firearms would substantially avoid
partment reports do not, with rare excep-
But the Vice President also said:
problems of inconvenience to non-criminal
tions, detail the number and kind of offenses
Don't sell America short. Not only do we
users and limitation of the right to bear
in which firearms are used, nor do they dis-
have nearly half the world's GNP at our dis-
arms in defense of home and society. Exist-
tinguish among the various kinds of firearms.
posal and an unprecedented reserve of hu-
ing restrictions on possession and use of fire-
Lack of uniformity in criminal statistics and
man and technological resources. I find a
arms would probably not have to be materi-
in police and court record keeping has been
determination and a willingness in all parts
ally enlarged in order to make such a pro-
and continues to be a roadblock to useful re-
of our society to overcome what may be the
gram of enforcement compatible with legit-
search on crime and the administration of
last hurdle on the long path to full demo-
imate uses. In fact, the prohibition against
criminal law. The American Bar Foundation
cracy.
carrying concealed weapons might be the
has encountered this obstacle in a number
only limitation required. However, these
of its studies: Narcotics and the Law,¹⁴ De-
Vice President HUBERT HUMPHREY has
measures to help police enforcement would
fense of the Poor,¹⁵ and The Administration
been a leader in the struggle for civil
and do raise their own set of problems. The
of Criminal Justice in the United States.¹⁶
rights in this country. He has spoken out
individual's protected right against unwar-
Other researchers have had similar experi-
consistently and effectively on behalf of
ranted searches or interference with his per-
ences.
needy people, urban or rural. Without
sonal property and privacy must be balanced
In the absence of comparable records, the
against the desirability of increasing so-
minimizing the dimensions of the unfin-
necessary information on distribution and
ciety's facilities for self-protection. A new and
use of firearms could be gathered only by the
ished business before us, he has never
possibly more complicated value judgment
very expensive and less reliable techniques
failed to express confidence that our free
must be arrived at.
of the field survey: questionnaires, inter-
institutions could produce full and equal
VI. RECOMMENDATIONS FOR FURTHER RESEARCH
views, and case by case search of records. It
opportunity for every American. I think
The American Bar Foundation finds the
seems doubtful that the information ob-
his realism and his faith in this Nation
available evidence insufficient to warrant
tained would be worth the cost.
are an example to all of us today.
taking a position on the effectiveness of ex-
Our conclusion is that high priority should
I ask unanimous consent that the
isting and proposed firearm legislation. It
be given to the development of model forms
speech be printed in the RECORD.
should be emphasized that this finding is
for the use of police departments and courts
made in the light of our activities as an or-
in reporting information about crime and
There being no objection, the remarks
ganization devoted to legal research and em-
criminal prosecution in order to introduce a
were ordered to be printed in the RECORD,
pirical research in particular. It is not to
degree of uniformity which would make more
as follows:
say that there are not sufficient considera-
feasible the use of the potential wealth of
REMARKS OF VICE PRESIDENT HUBERT H.
tions to justify a legislative body in attempt-
comparative information provided by our
HUMPHREY AT NATIONAL HOUSING CONFER-
ing changes on the basis of its responsibility
federal system. Furthermore, we believe that
ENCE DINNER, WASHINGTON, D.C., MARCH 4,
to experiment with social reform for the
when comparable data become available it
1968
benefit of the community.
would be more profitable to encourage efforts
Today, at noon, the Senate of the United
to increase knowledge about the causes and
States-in perhaps its most historic civil
13 Several states have enacted "stop, ques-
incidence of all. types of crime, including in
rights vote of the century-brought nearer to
tion, and frisk" laws: New York, Code of
such studies an examination of the use of
every American, President Truman's historic
Criminal Procedure, § 180(a) and the six
firearms, as one among many factors, than to
1949 pledge of: "A decent home and a suit-
states that have adopted the Uniform Arrest
try to focus exclusively on the criminal use
Act-Alabama A.157.1 (1967) (not yet codi-
of firearms.
able living environment for every American
family."
fied); Col. Rev. Stat. Ann. 40.11.1 (1963);
And today, two-thirds of the Members of
Del. Code Ann. tit. 11 462, 1902-1903
VICE PRESIDENT HUMPHREY'S
the U.S. Senate said this pledge was not just
(1953); N.H. Rev. Stat. Ann. 594.2.3 (1955);
SPEECH TO THE NATIONAL HOUS-
for white American citizens but would apply
R.I. Gen. Laws Ann. § 12.7.2 (1956); Utah
ING CONFERENCE
to every American citizen.
H.150.1 (1967) (not yet codified). Court deci-
sions in California and a few other states in-
Mr. HARRIS. Mr. President, I invite
A decent home for every American is pos-
dicate a recognition of this power in the
the attention of the Senate to Vice Presi-
sible only with a national fair housing law.
police without statutes. See F. Remington,
We can win on this pledge made by Presi-
"The Law Relating to 'On the Street' Deten-
14 W. B. Eldridge, Narcotics and the Law
dent Johnson. The fight continues and it is
tion, Questioning and Frisking of Suspected
127-131 (American Bar Foundation, 1962).
still a hard road ahead, but we must prevail
Persons and Police Arrest Privileges in Gen-
¹⁵L. Silverstein, Defense of the Poor in
this year, this session, in this Congress.
eral," 51 J.Crim. L., C. & P.S. 386 (1960); See
Criminal Cases in American State Courts:
The citizens of America found this message
also Note, 78 Harv. L. Rev. 473 (1964); W.
Volume I, National Report 151, 175 (American
on their breakfast tables yesterday morning
LaFave, "Detention for Investigation by
Bar Foundation, 1965).
as they opened their Sunday newspapers.
Police: An Analysis of Current Practices,"
16 A. Sherry, The Administration of Crim-
"It is time to end the destruction and the
1962 Wash. U.L.Q. 331 (1962); Note, 39 N.Y.
inal Justioe in the United States: Plan for a
violence, not only in the streets of the ghetto
U.L. Rev. 1093 (1964).
Survey 15 (American Bar Foundation, 1955).
but in the lives of the people."
Reproduced at Richard Nixon Library and Museum
Bun
Se tember 29, 1967
THE NEW YORK TIMES, F
Johnson Retreats on Gun Curbs
In Effort to Win Passage of Bil
By JOHN HERBERS
Special to The New York Times
WASHINGTON, Sept. 28
pointed out that the bill sti
President Johnson has agreed
contained restrictions on ove
to weaken his gun control bill
the-counter sales and on th
so as to improve its chances of
importation of firearms fro
getting through Congress.
other countries.
The proposed change would
On Sept. 14 President John
permit states to exempt them-
son, in an address to the Inte
selves from the ban against the
national Association of Chief
of Police, pleaded with th
mail order sale of rifles and
American people for help i
shotguns. The original Admin-
limiting the sale of firearms.
istration bill would ban the
One week later, the Senat
mail order sale of all firearms.
Juvenile Delinquency Subcom
Senator Thomas J. Dodd,
mittee, of which Ms. Dodd i
chairman, approved the Pres
Democrat of Connecticut, au-
dent's bill 5 to 4. The measur
thor of the Administration bill,
still faced trouble, however, i
introduced the weakening
the full Judiciary Committe
amendment today and issued a
and on the Senate floor a
well as in the House.
statement calling for its sup-
Congressional sources sai-
port. A similar proposal has
the Justice Department an
been submitted to a House Ju-
President Johnson had agree
diciary subcommittee that has
to the Dodd amendment to over
been considering the bill.
come the opposition.
Senator Dodd said the
Disagreement Expressed
amendment was designed to
Some advocates of stron
overcome strong opposition to
gun control legislation con
the bill from rural and Western
sidered the amendment pre
states.
mature. They thought the tacti
should have been saved for us
Testimony Cited
during the floor fight.
"Witnesses from these states
Senator Edward M. Kennedy
have indicated that a mail or-
Democrat of Massachusetts, sai
he still favored the Administra
der ban or stringent controls
tion bill as originally submitted
on mail order rifles and shot-
He said he believed a vas
guns would effect a hardship
majority of the people did, too
on sportsmen, ranchers and
Senator Dodd, on the othe
farmers whose primary access
hand, said the amendmen
would "not greatly reduce th
to sporting rifles and shotguns
over-all effectiveness" of the
is through the mail order
bill.
routes," Mr. Dodd said.,
The amendment, he said
"Eight of our Western
"would be applicable only in
states," he continued, "have
those states which feel tha
they do not need the help o
memorialized Congress to op-
the Federal Government in en
pose this gun bill mainly be-
forcing their own laws."
cause of the inclusion of long
arms."
"I believe this amendment
will dissipate such opposition,"
Mr. Dodd said.
The amendment would per-
mit a state legislature to enact
a law relieving citizens of the
state from the bill's outright
prohibition on mail order ac-
quisitions of rifles and shotguns
The ban would still apply to
the sale of hand guns.
Move Called Necessary
Much of the opposition to
gun control legislation has
come from the National Rifle
Association. Under the pro-
posed amendment the associa-
tion could be expected to shift
its pressure to the state legis-
latures to obtain the exemp-
tion.
Several Congressional sources
said the amendment was neces-
sary if the President was to
get any gun control legislationi
PRESIDENT ASKS
AID ON CRIME BILL
FRIDAY, SEPTEMBER 15, 196
AND GUN CONTROL
JOHNSON APPEALS
(
9/15/67
FOR CRIME BILLS
Also Attacks Riot Leaders
Continued From Page 1, Col. 5
in Kansas City Address
siderable discretion in its use.
to Police Chiefs' Parley
The Administration would pre-
fer its original proposal of di-
rect aid to cities and local com-
By MAX FRANKEL
Special The New York Times
munities, but now faces the
KANSAS CITY, Mo., Sept.
real possibility of having to
accept this change.
14 President Johnson flew to
Stresses 2 Themes
midcountry today to plead
with the American people for
The bill to curb the spread
of weapons has not gone any-
help in passing his programs
where in either house.
to fight crime and limit the
With this situation in mind,
sales of firearms.
Mr. Johnson stressed two
Addressing the convention of
themes: first, that much more
the International Association of
is needed now than the preach-
Chiefs of Police, Mr. Johnson
ing of "sermons" against
crime, and, second, that the
appealed to all local commu-
local community has primary
nities to substitute legisla-
responsibility for crime control.
tion and action for "handwring-
"Officials in Washington cn-
ing" and "self-righteous indig-
not patrol a neighborhood in
the Far West, a burglary
nation" about crime.
in the South or prevent a riot
He coupled his message with
in a great metropolis." he said,
his most impassioned denun-
in a passage that also served
ciation yet of urban rioters and
to dissociate the Administra-
the advocates of violence
tion from direct responsibility
for riot control.
"spawned" by the riots.
In the end, Mr. Johnson as-
Grievances Are Cited
serted, local citizens must de-
"These wretched, vulga
cide the quality of law enforce-
ment they want and how much
men," Mr. Johnson said, with
they are willing to do and pay
out naming names, "thes
for it.
poisonous propagandists, pose
This is what his proposed
di
program would do "if its spirit
th
as spokesmen for the under
and purpose survive, the
m
privileged and capitalized o
President said.
ni
the real grievances of the suf
Similarly, Mr. Johnson plead-
fering people."
ed for the firearms control
ful
The police chiefs, assemble
bill, which he said could plug
ne
in the music hall of the munici
one more loophole "to-save
gho
pal auditorium here, applauded
your life or mine or the life
of some innocent child down
loudest when the President
for them, establishing their
pleted the 61/2-hour round trip
the street.
rights more firmly and greatly
at 4:30 P.M.
said that "much can explain
"Let's not be content to be-
increasing their opportunities.
but nothing can justify the
wail the rising crime rate or
The President said he had
Canadian Elected
riots of 1967."
the number of repeaters who
fill our jails and prisons while
come this far-a flight of two
KANSAS CITY, Sept. 14 (AP)
Mr. Johnson went on, how.
hours from Washington-to see
-Leonard G. Lawrence, Chief
we turn our back,' he said.
ever, before a now silent audi-
In an implied response to the
whether "perhaps we could
of Police at Hamilton, Ont., was
ence of 1,200 persons, to insist
National Rifle Association and
awaken this nation to the obli-
elected today president of the
other groups lobbying against
gation we are not now dis-
International Association of Po-
that law enforcement should be
charging," toward law enforce-
lice Chiefs at the final session
swift and blind to color as
restrictions on weapon sales,
well as effective.
the President insisted that his
ment and also toward nurses
of their annual convention. He
and teachers and the builders
has been chief of police for 15
proposal was consistent with
Policemen Hailed
of
"due process and in keeping
home.
years. He succeeds William H.
with our tenacious regard for
After his talk, Mr. Johnson
Morris, superintendent of the
There was vigorous applause
drove 12 miles to Independ-
Illinois State Police.
again as Mr. Johnson saluted
the blessings of individual
freedom."
ence, Mo., for a brief visit to
policemen and endorsed their
the home of former President
China Warns Ceylon
effort to obtain better equip-
Believe In Obedience
Harry S. Truman, now 83 years
COLOMBO, Ceylon Sept. 1
ment, better training and more
In discussing the urban riots,
old.
(UPI) Communist Chin
Mr. Johnson said the vast ma-
The President, accompanied
warned Ceylon today of "grav
pay.
jority of suffering people-im-
by Attorney General Ramsey
consequences" if she continue
The President's principal pur-
plying that he meant Negroes
Clark, spent about 10 minutes
to have dealings with the N:
pose on this hastily scheduled
-believe in obedience to the
with Mr. Truman, who looked
tionalist Chinese Governmen
journey, however, was to en-
law. The law in recent years,
pale, and drawn, before return-
of Generalissimo Chiang Ka
list some popular support in
he said, has become more just
ing
to
Washington.
He
com-
shek.
his difficulties in getting Con-
gress to support his Safe
Streets and Crime Control Act
and another bill to limit the
sales of firearms.
The House of Representa-
tives has passed the crime
measure but with an amend-
ment that would channel Fed-
eral aid through the state gov-
ernments and leave them con
Continued on Page 31, Column 5
PRESERVATION
COPY
4/23/61
This Week Or Next
By JOSEPH R. L. STERNE
(Washington Bureau of The Sun]
Washington, April 22-Senate
Judiciary Committee sources
cautiously forecast today that
new gun control legislation fi-
nally will reach the Senate floor
for a vote this week or next.
Attached to the Administra-
tion's anti-crime package, the
firearms amendment would ban
the interstate shipment of hand-
guns to individuals and prohibit
over-the-counter sales to per-
sons who are not residents of a
dealer's state.
While the proposal falls short
Gun®Bill Action
of President Johnson's call for a
halt to the mail-order sale of
rifles and shotguns, it would be
Expected Soon
the first gun control legislation
By JOSEPH R. L. STERNE
to reach the Senate floor since
1938.
(Continued from Page A 1)
New impetus for tighter regu-
would stand firm if Hruska de-
lation of firearms traffic came
manded another committee
after the Rev. Martin Luther
meeting.
King, Jr., was slain April 4
In addition, Senator Tydings
by a sniper, apparently an es-
(D., Md.), an outspoken cham-
caped convict who obtained his
pion of gun control, let it be
rifle under an alias.
known that if Hruska forced
Public Opinion Rises
another committee vote he
Despite opposition from the
National Rifle Association and
would try to toughen Dodd's
various sports and hobby groups,
amendment.
public opinion favoring gun con-
Two Alternatives
trol has risen steadily since the
Senator Eastland (D., Miss.),
assassination of President Ken-
committee chairman, said today
nedy in November, 1963.
his committee would meet
Until this year, however, leg-
islation has received relatively
again this week-but not to deal
little attention in the House and
with gun control.
has been blocked from coming
This left two alternatives-
to a vote by the Senate as a
either the whole anti-crime
whole.
package would be delayed or
Even now, the Senate pro-
the measure with the Dodd
posal is the subject of an un-
amendment attached would be
usual procedural wrangle.
brought to the floor for an early
But Senator Dodd (D., Conn.),
vote.
chief sponsor of tighter controls,
Action Predicted Soon
and Senator Hruska (R., Neb.),
who has doggedly fought such
As of late this afternoon, in-
legislation, are expected to meet
formed congressional sources
informally tomorrow to negoti-
were predicting that the high-
ate an agreement.
ly controversial legislation would
At issue is whether Dodd's
come before the Senate within
amendment curbing handgun
a week or ten days.
sales will have to be acted upon
Senator Mansfield (D., Mont.),
again by the Senate Judiciary
the majority leader, was said to
Committee.
favor an early vote - possibly
The committee, by a vote of 9
to avoid Senate action in May
to 7. approved the Dodd amend-
when growing numbers of dem-
ment April 7 after the Connecti-
onstrators are expected here to
cut Senator had given assur-
take part in the Poor People's
ances it would apply only to
March on Washington.
pistols, revolvers and other
handguns. In advance of the
vote, the amendment had been
described verbally but had not
been printed.
Applies To Long Guns 3-Ways
Hruska later complained that
Dodd's proposal applied to long
guns in three ways:
It would prohibit their import
from abroad if they were not
designed for sports use. It
would ban the sale of any fire-
arm that knowingly will be used
in a felony. And it would pre-
vent the transfer of any guns in
violation of state laws.
Faced with this challenge,
Dodd over the weekend polled
all nine senators who voted for
his amendment and found they
(Continued, Page A 8, Col. 8)
PRESER
4/23/68
BAR
Gun Control
The day after Dr. King's assas-
sination the Senate Judiciary Com-
mittee approved a gun-control bill.
It is a mild bill, applying primarily
to mail-order sales of hand guns,
but the committee vote was sig-
nificant. For 30 years pro-gun
lobbyists have prevented a floor
vote on gun control. Now it ap-
peared that the issue was coming
to an open vote of all senators, at
last. Since the latest poll results
show 71 per cent of all Americans
favor strict gun-control legislation,
the outcome would seem certain.
Lobbyists and pressure groups that
can manipulate committees are
less successful once floor votes are
scheduled.
But something is going on. The
Judiciary Committee has not yet
-three weeks later-sent the bill
to the Senate. Some members of
the committee say the vote on the
gun-control measure was improper.
Another meeting is planned. This
may be a simple misunderstanding,
or it may be à maneuver to keep
the Senate from considering the
bill.
The supporters of the bill would
be wise to bend over backward
in trying to smooth out the mis-
understanding, if that's what it is,
in order to get this bill to the floor.
If that requires some watering
down of this already weak bill, that
would be all right, tactically, since
the bill can easily be made stronger
on the floor. It would be tragic to
get this close to a full Senate de-
bate and vote, only to be outma-
neuvered or to lose control on some
technicality.
52
L++
ASSEMBLY KILLS
GUN-CONTROL BILI
Continued From Page 1, Col.
weapons out of the hands 0
"people who are mentally de
A ssembly Kills Gun-Control Bill
ranged." He cited recent multi,
ple slayings by riflemen at the
With a Massive Show of Hands
University of Texas and in
New York's Bryant Park.
But he spent much of hi
By JOHN KIFNER
speech stressing that the new
Special to The New York Times
licensing bill would "substan
ALBANY. May 13-The State/usual Monday pace today, meet-
tially increase the rights" 0
Assembly killed Governor Rock-jing at 3 P.M. and adjourning a
gun-owners in New York City
efeller's gun-control bill today. little before 6, with members
by establishing a statewide
board of appeal to which they
The bill, which would have wandering in and out.
would have recourse if denied
required the statewide licens-
Much of the day's calendar,
a license under the city's more
ing of rifles and shotguns, was
including controversial bills au-
stringent regulations.
sent back to the Committee on
thorizing publicly built atomic
Leonard P. Stavisky, Demo-
Rules by an overwhelming power plants and permitting
crattof Queens, spoke at length
in favor of the bill, mentioning
show of hands after a 45-min- eavesdropping under certain
the ease with which the weap-
ute debate that flared briefly
circumstances, was put aside
ons ased in the sniper slayings
into animosity.
until tomorrow, causing Speak-
of President Kennedy and the
The action came as the legis-
er Anthony J. Travia to warn
Rev.I Martin Luther King Jr.
were obtained.
lators-and a noticeably large
several times that it would be
When Mr. Stavisky charged
number of lobbyists-returned
a
long working day.
tha the National Rifle Associa-
to the Capitol to attempt to dis-
S. William Green, Republican
tions which lobbies against gun-
pose of the backlog of this
of Manhattan, acted as sponsor
control legislation, "delights in
the Republican side of the aisle
year's bills by the end of the
misinforming" the public, Ed-
York City Transit Authority to
of the gun bill for the Rules
wy Mason, Republican of
and about half of the Demo-
work up to 20 hours a week in
week.
Committee, which alone can
Hobart, jumped to his feet.
crats raised their hands, and
approved outside jobs.
But the general outlook here
bring bills to the floor at this
"Five been a member of the
Mr. Green nodded quietly when
HEART TRANSPLANTS
was that, because of the volume
late date.
National Rifle Association for
Mr. Travia asked him if he
of remaining business, adjourn-
Speaking above a hubbub of
more than 20 years and you
The Assembly passed and
would move to recommit.
conversations, Mr. Green said
don't know what you're talking
sent to the Senate a bill to se
ment might not be possible un-
about," he shouted.
Other Developments
up a temporary state commis
til Tuesday or Wednesday of
the bill was necessary to keep
You're just blowing off
sion to decide whether legisla
next week.
Other legislative develop-
steam-you're shooting off your
The Assembly moved at its Continued on Page 52, Column 1
ments today included the fol-
tion on heart transplants
mouth,' Mr. Mason continued
needed.
angrily over Mr. Stavisky's pro-
lowing:
tests of "I will not yield.'
NURSING HOMES
18-1
"Mr. Stavisky lying!"
The Senate gave final legisla
continued Mr. Mason.
tive approval to a bill to es
Mr. Travia rapped his gavel
for order, and Mr. Mason re-
tablish a $2-million develop
turned to reading his news-
ment fund to encourage private
paper. A few minutes later the
construction of nursing homes)
Speaker called for a show of
TRANSIT POLICE
hands of those opposed to the
The Senate passed and sent
bill
to the Assembly a measure per-
Nearly all the members onmitting policemen of the New
PRESERVATION COPY
And
THE WASHINGTON POST
Saturday, April 20, 1968
A13
Joshua Lederberg
New Civil Hazards Agency
Could Regulate Gun Sales
GUNS, booze, cigarettes,
ample, gives very shaky
sponsibility, either in his
drugs, fast cars
Human
ground to sue a gun dealer
own name or derived from
ingenuity knows no bounds
for damages inflicted by
the dealer.
when it comes to inventing
thugs armed with a weapon
THE ADVANTAGES of
new pleasures and hazards.
sold by the dealer. After all,
this system are its flexibility
Regulating hazards without
a kitchen knife or a razor
and its pluralism. It is not
very different from compul-
stifling the individual pur-
blade might also be instru-
sory insurance and registra-
suit of happiness is a major
ments of grievous harm.
tion of Automobiles. Manu-
challenge to the designers
facturers and their insurers
of democratic social tech-
ONE SOLUTION MIGHT
niques, especially difficult
BE a Civil Hazards Agency
would be liable only to the
when the effort is muddled
with authority to judge
extent that a jury found as
by conflicts, personal privi-
which products are poten-
a matter of fact that a spe-
tially so dangerous as to de-
cific weapon was an instru-
lege, established economic
interests, risks to unedu-
mand more careful control.
ment of crime or civil in-
cated users or innocent by-
If the Agency did find that
jury. The insurance rates
standers and controversy
domestic use of handguns
could then reflect the actual
was outweighed by their
statistics of the abuse of a
over the nature and impor-
abuse in personal violence,
given class of weapons, and
tance of the hazards.
The criminal law is the
it would not outlaw them.
their owners. For example,
historic tool, but a noto-
Instead, it would establish a
the National Rifle Associa-
riously unwieldy one for the
chain of civil responsibility,
tion might undertake to in-
back to the manufacturer,
sure the weapons owned by
regulation of personal be-
havior and especially, an-
for specific abuses of the
its members.
product.
How many more assassina-
cient and customary vices.
In self-protection, the
tions will we have to suffer
In other spheres, regulatory
agencies have been endowed
handgun manufacturer
before imposing reasonable
with a broad authority to
would have to insist on dis-
social controls on the irre-
tributing the weapons
sponsible sale of lethal toys?
achieve the purposes set by
through bonded dealers and,
© 1968, The Washington Post Co.
legislation. Congress does
not have to pass a law to de-
in turn, only to responsible
cide whether penicillin
individuals who can be held
should be sold over the
to account for the damages
counter, to set telephone
that the guns might inflict
rates or to renew a broad-
on others.
casting license. We should
The law would not di-
deal with the regulation of
rectly restrict the ownership
ciyil hazards, like firearms,
of weapons except to ensure
in the same way.
that each one is covered by
The common-law doctrine
the system. Purchasers
of implied warranty already
would, in effect, have to buy
imposes certain limited res-
an insurance policy together
ponsibilities on manufactur-
with the weapon and thus
ers and sellers of hazardous
register themselves with the
implements like automobiles
insurance company. Posses-
but the limits of this doc-
sion or transfer of a weapon
trine are clouded by the ab-
would be a crime if it
sence of specific statutes
lacked a valid identifying
covering contemporary situ-
mark, or if the new owner
ations. Present law, for ex-
lacked a certificate of re-
14
Saturday, April 20, 1968
THE WASHINGTON POST
PRESERVATION COPY
Durrell Doesn't Travel
By Jast Ward
Washington Part Staff Writer Just is the author of "To
What End: Resert From Vietnam," published this month.
By Lawrence Durrell (Dutton, 359 pp., $6.95
Book Review
THIS BOOK is very difficult to read II
Washington, if you are seriously connected
"Tunc'
with law or government or journalism. I:
By Lawrence Durrell (Dutton, 359 pp.. $6.95).
does not travel. The sentences are too rici.
the puns too outrageous, the love affair
pointless and unnecessary to recount the
with language too unsettling. It is bawdy; it
plot. I am not certain, in any event, that I
requires concentration. The writer is an
can do it accurately. The book has to do
authentic crank, an eccentric traveler, an
with a machine, "an abacus of the intui-
Englishman, a writer of quartets and travel
tion," and expands on many facets of this
books; a civil servant, a historian, a poet.
speculation.
.It is difficult to turn from a lawyer's brief
It is one of those books in which the story
or a presidential message on health or the
does not really matter. One must read
wire service account of a New Nixon formu-
"Tune" in the spirit of a fisherman who
lation to "Tunc." To do so is to unhinge
loves the fight and does not really care if
the imagination, sow seeds of doubt and
at the last minute the marlin slips the
ultimately to suspect that the language
hook. Durrell writes with such confidence
which surrounds us is as dead and lifeless
that once engaged it is an easy matter for
as last year's leaves. The title is Latin for
the reader to glide along with him, under-
"then," which is the publisher's explana-
standing some parts of the book, not un-
tion for its significance; but don't believe
derstanding others, becoming distracted,
that. Lawrence Durrell says that in "Tunc"
fidgeting, feeling guilty, finally saying,
there are echoes of the "Black Book," and
once every ten or twelve thousand words,
It is the first of a two-part job. He enters
the hell with it and picking up Time maga-
here the world of science, of business, in-
zine. That is one of the hazards of reading
dustrial espionage, if you can believe it,
this book if you live in Washington.
and many other matters.
But like an authentic work of art, you
It is possible, if the Washington reader
emerge from it changed. Light is cast in
possesses a romantic temperament, to read
dark corners. The author is a high-wire
the book as a series of travel essays. The
aerialist, whom you can only watch with
action moves from Athens to Istanbul to
amazement, not that his work is done well
London, with intimations of Cypriot grape
but that it is done at all. It is difficult to
arbors, Aphrodites rising from Polis waters,
edit these 40 words:
nameless Near Eastern habitations, and
"A series of gaunt and yet dignified
evant, for this
rooms had been thrown down pell-mell
about a certain cruciform shape, rambling
d dirty jelly.
up two floors and petering out in precari-
white lanterns.
ous balconies which looked out on the rav-
the branches.
ishing mauve slopes of the foothills."
skin of wet
That is very fine English prose, without
was fastidious
nonsense. But it is not prose to be read
car; he could
here. Buy it now and take it with you to
paws."
the Vineyard or to Rehoboth or Kyrenia.
example of
Begin reading it on a day when the news-
elightful rich
papers, unaccountably, fail to arrive.
of suet. It is
© 1968, The Washington Post Co.
Take Over 25 Firms
ChRisTiAN SCIENCE MONITOR
4/13/68
Guns in everyone's hands
18.1
Now that it has happened again will the
which whites are organizing gun-handling
American people and the American Con-
classes. They see it as self-protection.
gress sigh, say "isn't it terrible?" but once
Similarly, there are thought to be more
more sit back and do nothing? We are
guns in Negro areas than ever before.
speaking, of course, about legislation to
Again, the excuse given is the need for
control the indiscriminate availability and
self-protection.
use of guns.
Meanwhile, the vast and deadly mills of
crime organized, unorganized and spon-
Remember the intense indignation
taneous- continue to churn throughout
which swept the United States after the
the land. And behind most of this crime
assassination of President Kennedy? Re-
is the gun or the threat of the gun.
member how so many of us felt: now,
Let us ask the question frankly and
surely, something will be done? And do
openly. Has not the time come when, as
you recall just how much has been done
a mark of its maturity and as a proof of
to control such weapons of death in the
its moral character, the United States
hands of private citizens as a result of the
must decide that guns, all guns, other
Kennedy tragedy? Virtually nothing.
than those available to the forces of law
What will be the effect upon such legis-
and order be forbidden and prevented?
lation of the King assassination? Unhap-
We know the arguments against this
pily, unless there is a concerted effort to
the constitutional provision, the necessity
arouse public conscience and to mobilize
of farmers to protect themselves against
congressional support, we cannot be sure
predators, the recreation of the innocent
that any positive forward steps will re-
sportsman. But should not a far greater
sult from this latest national tragedy. The
need to end the national reign of violence
National Rifle Association (the leading
take precedence over all these?
lobby. against even. the present weak
Gunnar Myrdal, the great Swedish stu-
measures before Congress) expresses con-
dent of American life, believes that such
fidence that nothing will happen. Con-
a moment has come. He says, "I am all
gressman John D. Dingell of Detroit (long
against your gun laws.
To allow every-
one of the most lamentably crime-ridden
one to have guns today is dangerous."
cities in America) has bitterly attacked
We think that the time has come for the
the administration's control bill. These are
American people to examine their con-
but two of the signs indicating how great
science in this matter. Should not strin-
must be the effort if this shameful situa-
gent gun control legislation be enacted
tion is to be corrected.
immediately, and then, indeed, should not
But this is not all. During the past sev-
a measure be considered banning all guns
eral years there has come a new element
other than those belonging to the armed
-the stockpiling of weapons through fear
services and to the forces of law and
of racial incidents. There are areas in
order?
PRESERVATION COPY
April 2, 1968
RESSIONAL RECORD - SENATE
S3785
and a great strain. I think he has made
Vietnam and then return with an honest
a course that would secure the life of our
great contribution.
braisal. He has made his report to the
country.
I think he has been most eloquent today
on his views. There were no ifs, ands
It took great courage. It took courage
and, may I say, most patient in answering the
buts in it. He laid them out. That is as
because, in addition to renouncing his
questions of his colleagues.
all should do.
Getting back to what the Senator from
purpose to run, he yielded to the at-
The junior Senator from Massachusetts
Kentucky [Mr. MORTON said, he did clarify
tacks that have been made upon him on
[Mr. BROOKE] has covered many of the points
mething which I am sure has been bother-
this floor during the last 4 years. The
I had in mind.
the distinguished Senator from Califor-
attacks have been cutting. They blame
I merely want to clarify one thing: Co-
viously, I am one of those to whom the
and, as he seemed to indicate, some of
him for all that has happened. The.
Senator referred—and I say this in all kind-
men fighting in places like Con Thien.
United States was charged with being
ness-when he said that he read statements
The Senator from California stated earlier
an aggressor, demanding an uncondi-
which were somewhat disturbing to him
during the course of this debate that he
tional surrender, making it impossible
while he was on the scene in Vietnam.
wished, when the matter of bombing was dis-
for Ho Chi Minh to go to the negotiating
On page 10 of the prepared statement JI
when it came to the 17th parallel,
the Senator from California, he mentioms
articularly Con Thien, that this situation
table, wanting to impose colonial domi-
Con Thien, as follows:
have been "excised out."
nation upon South Vietnam, making
"On September 22, I saw Con Thien same
I
think the formula of concentration and
prostitutes out of the women of South
Gio Linh. I talked with the men of the Thire
consolidation which the distinguished Sena-
Vietnam, and with a plan and design to
Marine Division at Dong Ha. In the course
from Kentucky [Mr. COOPER] has advo-
perpetrate atrocities upon those people.
that trip, I observed a B-52 raid on ec-
is a cessation of the bombing in North
The charges were against the United
trenched artillery positions of the enemy
Vietnam, but not along the 17th parallel, or
States, but, in fact, they were against
the Demilitarized Zone. The men
the Ho Chi Minh trails extending into
President Johnson. He was attacked in
the Third Marines live with a daily rain
so that our men-and that is what the
incoming shells. I cannot understand have
Senator from Kentucky [Mr. MORTON]
New Hampshire and attacked in Wiscon-
said-would be reinforced with the aerial
sin. The speakers presenting the views of
any fair-minded approach to honorable nege-
tiations would deny them their principal
protection necessary. It would be given them
his Government were stopped from mak-
means of defense through air power while
matter where they might be in South
ing their presentation by demonstrations
they are under attack."
Vietnam. To the best of my knowledge, the
that bordered on riots. The President
I concur. I certainly did not mean to imply
only area in which Americans are fighting
bowed out. He did so with the purpose of
by my suggestions that we were not Noime
the ground in Vietnam is in South Viet-
wanting to be in the position of talking
to give air support to our troops wherever
nam at the present time.
Thus, I am delighted that this part has
to the American people and telling them
they might be.
Mr. KUCHEL. That is most important.
been straightened out so that the viewpoints
what he believes should be done, without
think the Senator knows of my high respect
the two distinguished Senators from Ken-
charges being made against him that he
for him. That is most important from the
rucky can be made a part of the RECORD and
was politically motivated.
standpoint of clarification of what We sure
that our men at Con Thien and elsewhere
He has been driven out of the candi-
talking about.
in the 1st Corps will be aware of the fact
dacy. But that is not enough. Today, on
Mr. MORTON. I am sure that the colleque
that so far as some of the suggestions are
the floor of the Senate, he is again at-
which developed in the Chamber on Vester-
concerned, they do not mean in any way,
tacked. There has been no waiting to
day, as a result of the speech made by my
shape, or form, insofar as I am aware, that
they will be denied this valuable support
have Ho Chi Minh answer. The attack is
senior colleague, in which most of us ec-
when they are under attack or when they are
upon the President, on this floor.
gaged-and I am sure I speak for him as well
as for myself on this-did not mean to imply
subject to attack.
How do you ever expect Ho Chi Minh
otherwise.
The distinguished Senator from California
to give an affirmative answer to a de-
What I suggested was a two-way thing:
has made a most worthwhile contribution in
escalation program if, on this floor, sup-
reappraisal of the bombing, one; and, two
giving us-as soon as he returned-the bene-
posedly the principal speaker for the
withdrawal to that 20 percent of the land
It of his honest views.
United States, outside of the President,
where 80 percent of the people live. In other
I commend him for a fine report to the
the Senator from Arkansas begins a
words, to abandon the hunt-and-destroy
Benate.
denunciation of what our Government
method and again take up the offensite
Mr. KUCHEL. Mr. President, we want
is doing? There has been no waiting to
which has been very costly.
I sometimes question why we have this
this war to end, but it ought to be clear
find out what the answer would be from
enclave in the desolate and unpopulased
to every reasonable human being all
Ho Chi Minh, but there has been a gal-
northern area at Conthien, but I know that
around the globe that the next move is
loping speed to attack the President.
there are probably good military and strate-
up to Ho Chi Minh and the Communist
How can you ever expect to have the
gic reasons for it.
north. There is a bombing pause, on our
enemy take your word when your friends
I did want to make that point, because the
part. What will their answer be? Will
and your public officials denounce the
questions I intended to pursue were most
there be any indication of deescalation
Government before the enemy has ever
eloquently developed by the junior Senator
on their part? They now can demon-
had a chance to answer? It simply can-
from Massachusetts.
I appreciate this opportunity to respond
strate whether they have any desire, in
not happen.
to the Senator from California.
good faith, to negotiate, in good faith,
In conclusion, I ask, has there been
Mr. MANSFIELD. Mr. President, will the
a peaceful settlement, or whether their
one word spoken today condemning Ho
Senator from California yield?
so-called prescription for talks is only
Chi Minh? Has there been one charge
Mr. KUCHEL. I am happy to yield to the
a slam and a mockery.
made on this floor against our enemy?
Senator from Montana.
Mr. HRUSKA. Mr. President, I yield
The answer is manifestly no. The at-
Mr. MANSFIELD. I am delighted that the
3 minutes to the Senator from Ohio
distinguished Senator from Kentucky [Mr.
tacks are against our country, and the
Mr. LAUSCHE].
MORTON] raised the question he did. I am
praise for our enemy.
Mr. LAUSCHE. Mr. President, I had
happy to note that now, at least so far as the
Mr. President, I am not willing to
record is concerned, the situation relative to
been away for 3 days, and came in about
accept this sort of sanctimonious word
a cessation of the bombing is clarified,
4 o'clock, to be shocked beyond the shock
about the purpose of aiding our Nation,
period.
I suffered Sunday night when I heard the
when it is thoroughly apparent that the
The distinguished Senator from California
President's declaration not to be a candi-
only result can be harm, and possibly
has made an excellent speech. I commend
date again.
the ultimate destruction of our country.
him for it. He recognizes that there is room
I was shocked on the floor this after-
for disagreement. Disagreement is one of the
I have heard words spoken today ex-
strengths of a democracy. If a person dis-
noon to find out that condemnation of
pressing the hope that the President will
agrees with a certain policy, what has that
the President has been expressed on this
reconsider. How can he reconsider? He
to do with aiding the enemy?
floor far earlier than any answer being
has withdrawn; and there is no content-
If we are all to be robots, we might as
given by Ho Chi Minh, the arch enemy
ment in the fact that he has withdrawn.
well abolish the Congress of the United
of the United States in Southeast Asia.
The purpose of his critics seems to be
States, because when we are sent to Con-
The President Sunday night declared
to continue hitting him on the head
gress, we are sent here to express the opin-
that he would not seek nor accept the
with the biggest clubs to be found in
ions we hold, in accordance with our con-
nomination. He stated that position be-
the arsenal.
science.
cause he did not feel he could engage in
I do not know how the man in the
That is exactly what the distinguished
politics and at the same time fulfill the
White House feels about it. What do
Senator from California has done, and I com-
mend him and congratulate him for It. What
responsibilities of the President of the
we expect him to do? How can he escape
he has done is to make a worthwhile trip
United States in leading our people into
attacks from the Senate? Where shall
Reproduced at Richard Nixon Library and Museum
S3786
CONGRESSIONAL RECORD SENATE
April 2, 1968
he flee? I suppose there is no refuge;
Second. Its principal thrust should be
detailed policing will be required, and it
there is no sanctuary. Wherever he may
to enable State and local authorities to
can only be done effectively in the
go, attacks will still be made upon him.
have available means by which they can
States, localities, and political subdivi-
It was a tragic and a black day for our
enforce their laws. This can be done
sions of a State.
country Sunday, when he announced
by strong provisions directed at shipment
Earlier today, the Senator from Utah
that he would not be a candidate. It was
of guns in interstate commerce. Such
referred to the lack of enforcement of
a great and glorious day for Ho Chi
shipments and sales must be within the
existing Federal firearms statutes. I
Minh..
requirements of the Federal law, and also
shall not go into great detail on this
But it was not the President's will to
in strict compliance with State and local
point, but testimony in the hearings in-
make it a great and glorious day for Ho
law.
dicates that there has been a lack of en-
Chi Minh. That came from the floor of
Third. Such legislation should not in-
forcement on the part of Federal au-
the Senate, and from the public plat-
flict undue burdens nor interfere with
thorities in this area, and that a better
form, in denunciations of what he was
the rights of millions of law-abiding
job could be done. However, by the very
doing.
Americans who put firearms to uses that
nature of things, this kind of regulation
are beneficial, wholesome, and in many
of firearms should be assigned and dele-
AMENDMENT OF THE FEDERAL
cases highly essential.
gated to local and State police officers.
S. 1853 meets these requirements, Mr.
FIREARMS LAWS
ENFORCEMENT OF EXISTING FEDERAL FIREARMS
President. It is a strict bill. It is a proper
LAWS
Mr. HRUSKA. Mr. President, there has
bill. It is workable. It is capable of ef-
Mr. President, the press recently car-
been introduced in the Senate a bill (S.
fective enforcement. It goes as far as
ried accounts of an indictment handed
1853) which has for its purpose the
any such measure can go without ceas-
down by a Federal grand jury of the
amendment of the Federal Firearms Act
ing to be realistic, and without unduly
Southern District of New York against a
of 1938. I ask unanimous consent that,
burdening or interfering with law-abid-
gun dealer for violation of section 2(c)
at its next printing, the names of the
ing owners and users of firearms.
of the Federal Firearms Act of 1938. Ac-
following Senators be added as cospon-
This is a dynamic and a positive meas-
cording to the accounts this was the first
sors: the Senator from Iowa [Mr.
ure. It includes the following principal
Federal prosecution in the 34-year his-
HICKENLOOPER], the Senator from Ohio
features:
tory of the act of a dealer for interstate
[Mr. LAUSCHE], the Senator from Ore-
First. It requires that no manufac-
shipment of firearms.
gon [Mr. HATFIELD], the Senator from
turer or dealer may ship, in interstate
For those of us who are seriously con-
Idaho [Mr. JORDAN], and the Senator
commerce, any firearm to any person in
cerned with the problems associated with
from South Carolina [Mr. THURMOND].
violation of State law.
misuse of firearms by the lawless, this
The PRESIDING OFFICER. Without
Second. It provides that no person may
was most welcome news. Much hard evi-
objection, it is so ordered.
transport into his State of residence, any
dence has been presented to the Senate
Mr. HRUSKA. Mr. President, earlier
firearm acquired by him outside the
Juvenile Delinquency Subcommittee and
today the Senator from Utah [Mr. Moss]
State, if the acquisition or possession of
other investigating groups that inter-
made some remarks concerning this bill.
such firearm is unlawful in the place of
state shipments of guns were being made
It will be my purpose to enlarge on those
his residence.
in violation of existing Federal law. But
remarks, and to discuss the merits, im-
Third. It requires that no carrier may
until now, there seemed to be little en-
pact, and meaning of the proposed
deliver any handgun to a person under
thusiasm on the part of our Federal law
legislation.
21 years of age.
enforcement officials to crack down on
Mr. President, it had been my inten-
Fourth. It requires that the purchaser
violators.
tion to discuss this legislation much
of a handgun in interstate commerce
In 1965 the subcommittee heard the
earlier, but matters of a high order of
make an affidavit of eligibility to pur-
testimony of police officials from the
importance intervened. A number of my
chase, which he shall send to the dealer
States of Missouri and Massachusetts,
fellow Senators have indicated to me
who shall send a copy thereof to the
among others, States which have State
their desire to participate in colloquy on
purchaser's local law-enforcement agen-
licensing or permit laws. Evidence was
this subject, because in the near future
cy. Further, the seller shall wait at least
presented to the subcommittee that some
this body may be called upon to consider
1 week from receipt of notice from the
of the weapons were obtained from out-
legislation in this field.
local law-enforcement agency before
of-State mail-order dealers. Yet, appar-
Mr. President, I commend the Sena-
shipping the handgun to the purchaser.
ently no attempt has been made during
tor from Utah for the fine statement that
If objection to such sale is made by the
the intervening time to prosecute deal-
he made on S. 1853. He also commented
law-enforcement agency on grounds that
ers who were responsible for these sales.
upon S. 1854, which has for its purpose
the proposed sale would violate the law,
It should be noted that several States,
the amendment of the National Firearms
then the dealer must desist from ship-
including Illinois and New Jersey, have
Act of 1934. The latter bill deals with de-
ment and sale.
structive devices. It deals with sawed-
The second bill (S. 1854) is intended
recently enacted State laws requiring li-
censes for the purchase of firearms. Here
off shotguns, bazookas, rockets, mortars,
to amend the National Firearms Act of
is an additional opportunity for crack-
and the like.
1934. It has for its purpose the strict
down on dealers who flaunt the law and
May I say at this time, Mr. President,
regulation of destructive devices, such
sell firearms to out-of-State residents
that neither of these acts has been
as bazookas and mortars in the same
from States which require permits with-
significantly amended, since their orig-
manner as sawed-off shotguns, machine-
out complying with those State laws.
inal passage. So we know that for 30
guns, and other gangster-type weapons
The applicable provision of the exist-
years, in one instance, and for 34 years
are presently regulated under the na-
ing law now reads:
in the other, little has been done to up-
tional act.
date them.
Mr. President, it is because the hand-
It shall be unlawful for any licensed manu-
facturer or dealer to transport or ship any
There is a need for additional firearms
gun is the real offender that we subject
firearm in interstate or foreign commerce to
control legislation on the Federal level.
it to special controls. It is because it is
any person other than a licensed manufac-
There can be no doubt as to the neces-
used overwhelmingly in the commission
turer or dealer in any State the laws of which
sity and desirability of passage of Fed-
of crimes of violence and that it lends
require that a license be obtained for the
eral legislation to regulate commerce in
itself to that purpose, that these special
purchase of such firearms, unless such li-
provisions are made.
cense is exhibited to such manufacturer or
sporting firearms, as well as in destruc-
At this point I wish to observe that
dealer by the prospective purchaser.
tive devices. But certain features are es-
sential if such legislation is to be effec-
this legislation is not partisan legisla-
Under the bill which I have intro-
tive in achieving its declared objectives.
tion. The bipartisan cosponsors and sup-
duced, S. 1853, this provision would be
The objective is to keep guns out of the
porters of this legislation definitely dem-
broadened and strengthened consider-
hands of the wrong people.
onstrate that fact.
ably. Incidentally, I might point out that
The features that should be embodied
Included in the major features of S.
there is no comparable provision in
in any such measure certainly should in-
1853 is that the burden of enforcement
either S. 1 or amendment No. 90 to S. 1.
clude these:
will be placed on local and State au-
The provision in section 2 of my bill
First. It should be workable and en-
thorities. That is where it should be. The
which would add a new section 2(c) to
forceable.
problem is of such a nature that much
the act reads:
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD - SENATE
S3787
It shall be unlawful for any licensed manu-
make false statements or to furnish bogus
Each of these measures directs its impact
facturer or licensed dealer to ship or trans-
identification with the intent to deceive
to an area of American history, activity, and
port, or cause to be shipped or transported,
a dealer. This applies to all sales of all
human conduct which is as far flung in our
any firearm in interstate or foreign com-
firearms from federally licensed dealers.
Republic as are the 50 States themselves.
merce, to any person in any State where the
The factors involved are deep rooted.
receipt or possession by such person of such
The provision reads as follows:
They embrace customs and practices which
firearm would be in violation of any statute
It shall be unlawful for any person in con-
were born of necessity in the beginnings of
of such State unless the licensed manufac-
nection with the acquisition or attempted ac-
our country. They still exist in that context
turer or licensed dealer establishes that he
quisition of a firearm from a licensed manu-
today, though some of the needs are different
was unable to ascertain with reasonable ef-
facturer or licensed dealer to-
now than formerly.
fort that such receipt or possession would
knowlingly make any false or fictitious
But this can be said with confidence:
be in violation of such State law.
statement, written or oral; or
taken in the entire context and on balance,
This change would not only broaden
knowingly furnish or exhibit any false,
the place and role of privately owned and
the scope of the existing provision, but
fictitious, or misrepresented identification
used firearms are still beneficial, necessary
with the intention to deceive such manufac-
and wholesome in this modern day. They
would also make enforcement easier.
turer or dealer with respect to any fact mate-
should be protected.
Another aspect of the enforcement of
rial to the lawfulness of the sale or other
This is true notwithstanding unlawful use
existing Federal laws has to do with the
disposition of a firearm by a licensed manu-
of firearms when they get into the hands
adequacy of the enforcement activity
facturer or licensed dealer under the provi-
of the wrong persons-the lawless and the
personnel assigned to administer Federal
sions of this section.
demented. Those instances, while deeply de-
plored and of grave concern, are relatively
and National Firearms Acts. During the
Section 2(o) of S. 1853 makes it a vio-
few. Efforts to deal with these few should
1965 hearings of the House Ways and
lation of the Federal law for any person
be made to concentrate upon them, in order
Means Committee, it developed that the
to transport or receive in his State of
to be effective, and in order to prevent and
Alcohol and Tobacco Tax Division of the
residence any firearms, including long-
avoid a harmful interference and encroach-
Department of the Treasury-the agency
ment on the vast preponderance of lawful
guns, purchased or obtained by him out-
assigned with the responsibility for en-
and beneficial uses and purposes of firearms.
side of his State of residence if it would
forcement-had a total of about one en-
Mr. President, here are some of the many
be unlawful for him to purchase or pos-
factors which present difficulties and obsta-
forcement officer per State to do the job.
sess such firearms in his own State or
cles to the development of fair, balanced, and
The figure included central office admin-
political subdivision thereof. This provi-
effective legislative effort on this subject.
istrative personnel. Congressman CURTIS,
sion is designed to prevent circumvention
The first factor is the very large number
of Missouri, explored this matter quite
of State law and local ordinance. If en-
of privately owned guns in the United States.
thoroughly with the Director of the In-
forced, it could be very effective in assist-
While estimates run from 50 to 200 million,
ternal Revenue Service at that time.
the estimate most often used is 100 million
ing the States to enforce their own gun-
During the 1967 Senate hearings, I
privately owned firearms within the United
control laws. The section reads as
asked questions of the Director again.
States. Of course, they are widely scattered
follows:
throughout the 50 States.
This time, on page 73, it was indicated
It shall be unlawful for any person to
The most commonly used total for active
about the equivalent of 113 man-years
transport or receive in the State where he
users of guns for lawful, proper, and bene-
were devoted to that purpose. However,
resides a firearm purchased or otherwise ob-
ficial purposes is 20 million.
in supplementary information supplied
tained by him outside the State where he
Twenty million of our citizens are in-
to the Senate subcommittee on page 75,
resides if it would be unlawful for him to
cluded in this category. In this figure are
it was indicated that prior to October of
purchase or possess such firearm in the State
included about 15 million holders of paid
1965 no statistics were maintained with
(or political subdivision thereof) where he
hunting licenses; additional hunters legal-
respect to inspection of premises of per-
resides.
ly entitled to hunt but without licenses such
sons licensed under the Federal Firearms
Fourth, as was noted earlier, 2(c) of
as landowners, persons over or under paid
Act. The information supplied by the
license age, veterans, and senior citizens.
S. 1853 would broaden considerably sec-
Treasury Department also reveals that
Members of organizations for skeet, rock,
tion 2(c) of the existing Federal Fire-
target and competitive shooting; gun collec-
the number of investigators in the Divi-
arms Act by making it a federally pro-
tors, and organizations of that type are also
sion declined from a high of 1,000 in 1963
hibited act for any licensed manufac-
included. Not included are the millions of
to a low of 937 in 1966. Although that
turer or dealer to ship any firearms-in-
homes where firearms have a proper place,
figure has increased to 964 in 1967, still
cluding long-guns-in interstate com-
for self-protection.
this trend leaves much to be desired.
merce to any person where the receipt by
With such a vast vast reservoir of avail-
Recently, in the President's special
such person would be in violation of any
able firearms, and the millions of active users
message on crime, a request was made for
State statute, not just permit laws as the
in lawful fashion, it is imperative that a
additional assistant U.S. attorneys, FBI
present provision requires. Again, this
highly effective method of getting at the
agents, and narcotics agents, but no men-
core of the problem must be devised. This
provision would be extremely effective if
tion was made of alcohol and tobacco
necessity becomes even more urgent when
properly enforced.
we consider the statistics on unlawful use
agents. There was a renewed request for
There are numerous other provisions
of firearms. They also dramatically show
the administration's controversial gun-
that could be cited which serve to
small number of offenses committed with
control bill, however.
strengthen and tighten existing law, but
firearms. They also dramatically show the
These are the reasons, Mr. President,
these are given only to illustrate the
vast preponderance of lawful, legitimate use
that many of us who are concerned with
over unlawful use of the firearm.
point that the bills which I have intro-
the problem of firearms control feel that
the essential first step is strict and vigor-
duced contain numerous tough provi-
The Federal Bureau of Investigation Uni-
form Crime Reports show that the number of
sions.
ous enforcement of the laws which are
serious crimes reported in the United States
already on the books.
Mr. President, in an earlier discussion
for 1966 came to a total of approximately
with respect to control, I made a state-
3,243,370.
TOUGH BILLS
Contrary to the misinformation that
ment which called for firearms legisla-
In crimes of violence, statistics showing
tion. In that statement there was a re-
use of firearms in their commission are avail-
has been circulated repeatedly by propo-
cital of statistics and figures from the
able in only three classes; willful killings, ag-
nents of the Johnson-Dodd bill, there are
Federal Bureau of Investigation Uniform
gravated assaults, and robbery. The total of
several provisions in S. 1853 and S. 1854
crimes of these 3 classes in 1966 was 396,140.
Crime Reports and other sources. I ask
which not only considerably strength-
unanimous consent to have printed in
At that point it becomes very pertinent to
ens existing Federal firearms legislation,
inquire how many of those 396,000 crimes of
the RECORD at this point the material
but which are tough if properly enforced.
violence were committed with firearms. The
First, it must be pointed out that both
contained in that report, as updated with
answer for the uninitiated is rather spectacu-
bills increase the maximum penalties for
the most recent figures available for the
lar-only one in every four. Firearms were
items which are covered in each instance.
used in about 109,000 of this number. This
violation of the Federal laws to 10 years
There being no objection, the material
means about a 27-percent use of firearms in
imprisonment and a $10,000 fine. This
these crimes of violence.
change speaks for itself.
was ordered to be printed in the RECORD,
as follows:
Mr. President, I ask unanimous consent
Second, section 2(n) of S. 1853 makes
that a table on relationship of firearms to
it an unlawful act subject to the penalties
BACKGROUND AND CONTEXT FOR CONSIDERATION
other weapons used in the commission of
above for any person in connection with
OF FIREARMS LEGISLATION
certain crimes of violence be printed at this
the acquisition of any firearm-including
Mr. HRUSKA. Mr. President, there is far
point in the RECORD.
rifles and shotguns as well as handguns—
more to the efforts to legislate in this field
There being no objection, the table was
than the declared objectives of the various
from any federally licensed dealer to
ordered to be printed in the RECORD, as fol-
pending bills indicate.
lows:
Reproduced at Richard Nixon Library and Museum
S3788
CONGRESSIONAL RECORD - SENATE
April 2, 1968
"TABLE 1.-RELATIONSHIP OF FIREARMS TO OTHER WEAPONS USED IN THE COMMISSION OF SERIOUS CRIMES, 1966
Crimes in
Crimes in
Percent of
Total crimes
which fire-
Percent of
Total crimes
which fire-
weapons used
committed
arms were
weapons used
committed
arms were
used
used
Homicide
10,920
Robbery
153,420
Firearms
59.3
6,476
Armed with-
Knives or cutting instruments
22.3
Firearms
38.9
59,680
Personal weapon (hands, feet, etc.)
9.4
Other weapons
19.4
Blunt objects
5.4
Strong arm (muggings)
41.7
Miscellaneous
3.6
Forcible rape
25,330
Aggravated assault
231,800
Burglary
1,370,300
Knives or cutting instruments
33.6
Larceny ($50 and over)
894,600
Blunt objects
22.3
Auto theft
557,000
Personal weapon (hands, feet, etc.)
25.3
Firearms
18.8
43,578
Total
13.4
3,243,370
109,734
"1 Firearms including the so-called gangster weapons as so classified under the National Fire-
"Source: FBI Uniform Crime Report, 1966, pp. 4, 9, 15, and 107 and supplemental letters from
arms Act of 1934, "zip" guns, toy guns, alleged guns, pistols and revolvers, and rifles and shotguns.
the Director of the FBI."
THE HANDGUN IS THE REAL OFFENDER
and positive control under this proposed
This is because S. 1-amendment No.
Mr. HRUSKA. By its very nature, the hand-
legislation. The enactment of statutes
90 place severe burdens upon licensed
gun is the most troublesome and difficult
or ordinances dealing with permits,
dealers selling intrastate through the
factor in unlawfully used firearms. Its size,
license requirements, and other prere-
mails or over the counter. In fact, those
weight, and compactness make it easy to
quisites to delivery or importation of a
burdens are so great that many indi-
carry, to conceal, to store, to transport, or
dispose of. All these features and others
gun, is available to any State or any city.
viduals will be arbitrarily denied the pur-
maket it a very effective weapon in commis-
Such a procedure would activate, section
chase of a gun. The dealer will not want
sion of crime and violence. It is difficult to
2(1) of the present statute, and also as
to take a chance and vouch for the pur-
observe, control, and to police.
revised in S. 1853. That section would
chaser as he is called upon to do by those
Its status as the most formidable and most
make it illegal to put a gun into a State
proposals. The misuse of a gun by a pur-
frequently used tool of the criminal is well
without disclosing the permit, the license
chaser at a later time might cause great
recognized and established by first, the exist-
number, the date, and the place of is-
penalties to be inflicted upon the dealer.
ence in many States of laws controlling the
handgun; and second, by statistics on its un-
suance of the permit if so required by
There is no sense to any such harsh re-
lawful and criminal use in crimes of vio-
local law.
quirement when more workable and more
lence.
This would enable the local authorities
acceptable methods can be used to
STATE CONTROLS OF HANDGUNS
to search the files of existent permits and
achieve the same results of the intended
These controls are of two classes-the posi-
licenses. If the required permit has not
legislation.
tive and the negative.
been issued this fact would be quickly
The dealer has no police pre-sale noti-
As to the States with positive gun con-
communicated to the prospective seller
fication procedure upon which to rely. He
trols:
and the sale and shipment of that gun
must ascertain the bonafides of a trans-
Twenty-three States require a license to
would be prevented.
action at his peril.
sell at retail.
Now a good deal has been made from
Section 922(b) of amendment 90 in-
Twenty-nine States require a license to
time to time, Mr. President, of the idea
dicates the great burdens placed upon
carry a handgun on or about the person.
Eight States require a permit or its equiv-
that prohibition of all mail order sales,
dealers.
alent to purchase a handgun.
after all, is not objectionable.
I ask unanimous consent that those
Ten States prescribe a waiting period be-
The representation has been made,
pertinent sections of S. 1 be printed in
tween purchase and delivery of a handgun.
and the argument has been advanced,
the RECORD.
Eighteen States require a license to carry
that it would entail only a mere in-
There being no objection, the excerpts
a handgun in a vehicle.
convenience to the prospective buyer if
were ordered to be printed in the RECORD,
As to States with negative controls:
all interstate mail-order sales of firearms
as follows:
Twenty-one States prohibits the carrying
of a handgun concealed on the person.
were prohibited.
(b) It shall be unlawful for any licensed
Four States require registration of hand-
I would respectfully disagree with the
importer, licensed manufacturer, or licensed
dealer to sell or deliver-
guns.
conclusion. It is not a matter of a little
Twenty-two States prohibit carrying a
inconvenience. We should bear in mind
(1) any firearm to any individual who the
loaded handgun-and in some instances
licensee knows or has reasonable cause to
that tens of thousands of lawful users
other firearms-in a vehicle.
believe is less than twenty-one years of age,
In addition, many municipalities have
of guns buy them by mail. They have
if the firearm is other than a shotgun or
ordinances of various kinds on this subject.
been doing SO for more than 100 years.
rifle; or to any individual who the licensee
Of course, here we get into the matter of
The mail-order business is legal and a
knows or has reasonable cause to believe is
assisting the States. The States are the best
proper to do business. Many persons
less than eighteen years of age, if the firearm
judges of those conditions that they wish to
do business by mail to reduce the cost
is a shotgun or rifle.
impose on people within their bodies in con-
of firearms they seek to buy. There are
(2) any firearm to any person who the
nection with the use of handguns.
more areas with sparse populations in
licensee knows or has reasonable cause to
STATISTICS ON FIREARMS USED IN CRIMES
existence in America today than there
believe is not lawfully entitled to receive
There is a second reason why we can readily
were 50 years ago. The rural areas of the
or possess such firearm by reason of any State
perceive the handgun as the offender, and
or local law, regulation, or ordinance appli-
Nation are being drained of their popula-
that is by a review of the statistics on fire-
cable at the place of sale, delivery, or other
tions in favor of metropolitan areas, as
arms used in crimes.
disposition of the firearm.
The 1966 FBI uniform crime reports state
we all know.
(3) any firearm to any person who the
that 59 percent of the wilful killings during
The general stores or the crossroads
licensee knows or has reasonable cause to
that year were committed with firearms.
gas station carry a limited stock of the
believe does not reside in (or if the person
This means a total of 6,476 wilful killings
most popular firearms at best, and more
is a corporation or other business entity,
with firearms out of a total of 10,920.
often than not, only a stock of shells and
does not maintain a place of business in) the
In a letter dated July 27, 1966, addressed
State in which the licensee's place of busi-
ammunition as a convenience for regular
to this Senator, Director J. Edgar Hoover of
ness is located; except that this paragraph
the FBI wrote:
customers. Access to mail-order pur-
shall not apply in the case of a shotgun or
chases by rural citizens is an absolute
rifle.
"Based on the submission of police reports
under the uniform crime reporting program,
necessity under these circumstances.
(4) to any person any destructive device,
70 percent of the murder by gun in this
Under the bill proposed by the ad-
machine gun (as defined in section 5848 of
country is committed with a handgun, 20
ministration, which provides a total pro-
the Internal Revenue Code of 1954), short-
percent by the use of a shotgun and 10 per-
hibition of interstate mail-order sales,
barreled shotgun, or short-barreled rifle,
cent with a rifle or other firearm. This will
unless he has in his possession a sworn state-
there is a real question as to whether
supplement the data available to you in
ment executed by the principal law enforce-
the sale and shipment of a gun from a
uniform crime reports-1965."
ment officer of the locality wherein the
dealer to an individual between two
purchaser or person to whom it is otherwise
Mr. HRUSKA. Mr. President, the
points within the same State would be
disposed of resides, attesting that there is
States and cities would have affirmative
allowed.
no provision of law, regulation, or ordinance
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD - SENATE
3789
which would be violated by such person's
second State, then there would be a Fed-
committed by firearms are perpetrated
receipt or possession thereof, and that he
eral prohibition against it.
by the use of handguns.
is satisfied that it is intended by such person
Mr. HANSEN. Would it not be fair to
The thrust of the bill, therefore, would
for lawful purposes; and such sworn state-
say then, if the Senator will yield fur-
be directed against the main offender of
ment shall be retained by the licensee as a
ther, that all the bill would do in this
the illegal, improper, and unlawful use
part of the records required to be kept under
instance would be to reinforce State law?
of firearms.
the provisions of this chapter.
It would not prohibit something that is
Mr. HANSEN. Mr. President, it has
(5) any firearm to any person unless the
licensee notes in his records required to be
perfectly legal insofar as State law is
been asserted that the bills of the Sena-
kept pursuant to section 923 of this chapter,
concerned, but it would not give official
tor represent a first step toward na-
the name, age, and place of residence of such
Federal sanction to the doing of those
tional registration of firearms. Is that
person if the person is an individual, or the
things which would be prohibited by
so?
identity and principal and local places of
Mr. HRUSKA. No. It is not so. It is not
business of such person if the person is a
State law.
Mr. HRUSKA. The Senator is correct.
so intended.
corporation or other business entity.
The main thrust of the bill is to enable
It is intended to forestall indefinitely
Mr. HRUSKA. The number of licensed
the States and localities to enforce their
any demand for registration of sporting
hunters who use rifles and shotguns in
firearms. Of course, machineguns and
own laws.
America today approximates 20 million
In the course of the firearms hearings,
other gangster weapons are now required
we had many witnesses representing law-
to be registered under the National Fire-
citizens.
In the State of Michigan alone there
enforcement agencies of cities and
arms Act.
are more than a million hunting licenses
Mr. HANSEN. What additional infor-
States. They were asked why they did
mation about firearms ownership will be
issued annually.
not enforce the laws wtihin their own
It seems to me, and I am sure it will
made available to the Federal Govern-
States. The answer invariably was, "We
appear to others, that the picture should
ment if S. 1853 is adopted?
can handle matters within the borders
be balanced. Every workable and accepta-
Mr. HRUSKA. Nothing not already re-
of the State, but we cannot handle ship-
ble: effort should be made to keep guns
quired by the Federal Firearms Act.
ments across State lines into our State
out of the hands of the wrong people by
Mr. HANSEN. How do the proposals of
or cities."
law but, by the same token, the rifle and
the Senator differ from the administra-
So, by reason of this bill, which would
the shotgun are weapons used for sport-
tion proposal-amendment No. 90 to S.
cover the interstate shipment of guns,
ing purposes, which are legitimate,
1-in this regard?
the States, and local authorities would
wholesome, and beneficial. In many in-
Mr. HRUSKA. The principal difference
be able to enforce their laws.
stances, such uses are essential. The
in the provisions is that the administra-
Mr. HANSEN. Mr. President, what
rights and prerogatives of the law-abid-
tion bill calls for a complete prohibition
about one who wishes to buy a pistol for
ing citizen should not be unduly inter-
of all interstate mail-order sales to in-
sporting purposes or self-protection?
dividuals of all firearms-an unthinkable
fered with or unduly burdened.
How will he be affected? I am sure that
Mr. President, I conclude by restating
concept.
a lot of people would like to know how
America has had bad luck with prohi-
my original proposition; namely, that S.
this proposed law would affect them in
1853 is a workable bill. It is enforceable.
bition statutes, very bad luck. They are
this instance.
It is a strict bill. It goes as far as any such
difficult to enforce. There would be added
Mr. HRUSKA. If someone wants to
measure can go without ceasing to be
expense to the millions of lawful users of
purchase a handgun from outside his
realistic and without placing undue bur-
firearms if a prohibition type of statute
State, by mail, he would be required to
dens upon or interfering with law-abid-
is passed. I have previously pointed out
fill out an affidavit. The affidavit would
ing citizens who are owners and users of
other problems in this connection.
set forth his name, address, age, and
Mr. HANSEN. How will S. 1853 aid
firearms.
other pertinent information necessary
Mr. HANSEN. Mr. President, will the
local law enforcement officers?
to qualify him as a purchaser of a hand-
Mr. HRUSKA. They will have advance
Senator yield?
gun within his own State.
notice of any intended interstate pur-
Mr. HRUSKA. I yield.
Also, if his State requires a permit or
Mr. HANSEN. Mr. President, I com-
chase of a handgun through the mails
license to buy and accept delivery of a
pliment the distinguished and able Sen-
or over the counter.
handgun, he must attach a true copy of
The bill will enable such officers to en-
ator from Nebraska for contributing most
the permit or license. Then he mails that
force their laws better, because there is
significantly to the type of wise, sane,
affidavit to the out-of-State dealer. He
and reasonable legislation that I think is
an express provision in S. 1853 which
must also specify, in the affidavit, the
indicated to come to grips with the prob-
makes it unlawful to bring into the State
name of the law-enforcement officer of
lem that concerns all of us. We are all
any gun which the gun owner would be
the city or State who has jurisdiction
concerned with the increasing rise in
forbidden by law to possess or to own
over the sale.
crime throughout the country. We are
within that State. So the infraction of
deeply disturbed as we see firearms and
One copy of the affidavit would be
any law-State or local-by a user or an
other destructive devices in the hands
mailed to the law-enforcement officer
owner of a gun would become a Federal
of people being put to wrong uses. Yet,
named. The law-enforcement officer
offense.
I think all of us in this country, ever
would be given 7 days from the time the
Mr. HANSEN. Unlike the administra-
since the adoption of the Constitution
return receipt for that mail was received
tion's proposals, S. 1853 and S. 1854 deal
nearly 200 years ago, have cherished cer-
by the seller to determine whether or not
separately with ordinary personal fire-
tain of the privileges that were conveyed
the prospective purchaser is qualified un-
arms and with destructive devices. Does
by that document. And certainly one is
der the law to purchase a gun and accept
the Senator believe we need much
the right to own and bear arms. That is
delivery.
stricter regulation of destructive devices,
a very real one in the minds of a great
If there is a negative finding, the seller
especially under the threat of violence
many people.
would immediately receive word from the
in our cities? I refer to the bazooka, the
Because there has been such great ex-
law-enforcement officer, "Do not sell this
machinegun, the claymore mine, the
pression of concern from many people,
man the gun." That would be enough to
grenade. All these items, in my judg-
and particularly people in the West, I
stop the sale unless the dealer were will-
ment, have no place at all in anyone's
would like to ask the distinguished Sen-
ing to violate the Federal law.
home. I take it that these are all weapons
ator what S. 1853 will mean for the aver-
In the event of an over-the-counter
of destruction to which any sportsman,
age sportsman when he sets out to buy
sale, where the purchaser crosses a State
anyone concerned only with his own pro-
a rifle or a shotgun. Will it impose addi-
line for the purpose of buying a handgun,
tection, would never resort.
tional burdens?
the same affidavit procedure would have
Mr. HRUSKA. The Senator is correct,
Mr. HRUSKA. Mr. President, S. 1853
to be followed.
they should be treated separately. S. 1853
will have no effect on the legitimate pur-
The Director of the Federal Bureau of
deals only with sporting weapons-the
chaser or user of a shotgun or rifle. How-
Investigation, Mr. J. Edgar Hoover, has
rifle, the shotgun, the revolver, and the
ever, if the shipment of a rifle or a short-
indicated, and I have correspondence
pistol.
gun from one State into another State
from him to that effect, that about 70
The National Firearms Act of 1934 was
would be in violation of the law of that
percent of the major crimes which are
passed in the days of gang warfare. It
Reproduced at Richard Nixon Library and Museum
3790
CONGRESSIONAL RECORD SENATE
April 2, 1968
previously takes care of the sawed-off
On January 29, 1968, the Supreme Court
You may be interested in the fact that the
shotgun, the automatic weapons, the
handed down decisions in Marchetti, Grosso
United States Court of Appeals for the Sec-
machinegun, and so forth. However,
and Haynes. Each case was concerned with
ond Circuit rendered an opinion on January
since that time new weapons of the same
the application of the constitutional privi-
19, 1968, in the Case of United States V.
character-also used in gang warfare
lege against self-incrimination by reason of
Arthur Della Rocca involving charges of pos-
government required information (occupa-
sessing a firearm illegally transferred. The
and its equivalent-have been developed.
tional tax returns, excise tax returns and reg-
Court affirmed the conviction of the appellant
The purpose of S. 1854 is to deal with
istration). Premised on the regulatory re-
in the District Court. We understand that
destructive weapons. The sportsmen of
quirements in the wagering and firearms
he has filed a petition for certiorari with the
the Nation have every right to deeply
areas, the holding of the Court in each case
Supreme Court. Possibly, a judicial deter-
resent being equated with users of de-
was that one charged with any of the viola-
mination of the validity of a charge of receiv-
structive weapons. They are not hood-
tions under consideration had the right to
ing or possessing a firearm illegally trans-
assert the Fifth Amendment privilege which
ferred will be made in this case. It is also
lums. They-by the millions-are not
would provide a bar to prosecution. The Court
interesting that possible incrimination under
unlawful users of firearms. They have
did not hold any of the statutes involved to
state law through compliance with the trans-
interest in destructive devices. Such
be unconstitutional. It is also significant that
fer provisions of the National Act has been
devices should be dealt with in the Na-
in each of these cases the Court very care-
raised in this case.
tional Firearms Act of 1934.
fully observed that the regulatory system
You recognize, of course, that the most
One of the principal faults of the ad-
involved was directed to groups "inherently
effective tool in the enforcement of the Na-
ministration bill is that firearms and de-
suspect of criminal activities."
tional Firearms Act had been the charge of
It is obvious that these cases will have a
possessing a firearm which had not been
structive devices are all wrapped up in
significant impact on the enforcement activi-
registered. The loss of this tool will make
one bill. They should not be. Destructive
ties of the Department. At this time, we can
it more difficult and time consuming to make
devices should be dealt with in one bill,
only speculate as to the extent of the impact
cases charging illegal possessions under the
and sporting arms should be considered
on the National Firearms Act and in the area
Act. At this time, we are considering recom-
in another bill.
of federal taxes on wagering. However, the
mendations for legislation to assist in coping
Mr. HANSEN. I am certain that the
many problems involved are receiving exten-
with this problem.
Senator will be interested and pleased
sive study. We anticipate that recommenda-
In the special (occupational) tax area
to know that all the mail I have received
tions for effectively coping with the problems
under the National Firearms Act, we do not
from my State of Wyoming, as a cospon-
will come from those studies.
believe that the problem is as acute as is
As to the National Firearms Act, in the
the case with this type of tax under the
sor of the Senator's bills, which I con-
Haynes case, the Court held "that a proper
wagering statutes. This conclusion is based
sider to be very excellent, has been fa-
claim of the constitutional privilege against
on the fact that one can engage in the busi-
vorable. Those organizations, which in-
self-incrimination provides a full defense to
ness of dealing, manufacturing, or importing
clude sportsman's groups, hunter's, rifle
prosecutions either for failure to register a
the types of firearms covered by the Act in
associations, and others, have been crit-
firearm under 5841 or for possession of an
most, if not all, states without violating state
ical of S. 1, and they have been most
unregistered firearm under 5851." The in-
law. This is not the case with engaging in the
business of accepting wagers.
complimentary of S. 1853 and S. 1854.
crimination aspects of this case go to federal
Insofar as your proposals to amend the
I believe it is noteworthy that people
law-the National Firearms Act (26 U.S.C.
the National Firearms Act through S. 1854,
who have a genuine concern and reason
5801_5862)-rather than incrimination un-
now pending in Congress, we shall limit
to be interested in this type of legislation
der state statutes. However, the Court ob-
ourselves to broad observations. In Haynes,
because of their activities, their full-time
served that a registrant "might be con-
the Court found that registration provisions
fronted by hazards of prosecution under state
activity, or because of their interest in
of section 5841 were directed to persons who
law, and that these hazards might support a
the ownership of these guns so far as
possessed a gun in violation of the Act except
proper claim of privilege." (n. 13, p. 14, Slip
sportsmanship is concerned, as reflected
in the uncommon occurrence of one finding
Opinion.)
a firearm. Your proposed amendments would
by my mail, are in accord with the Sen-
As pertinent to the National Firearms Act,
not go to this problem.
ator's position.
Grosso held that the privilege could be prem-
Your bill includes several provisions that
I have one further question: How will
ised on a substantial hazard of incrimina-
would disclose information to state authori-
S. 1854, in particular, be affected by the
tion under state law and Marchetti con-
ties. Each of the three cases found this pro-
recent Supreme Court decision in Haynes
cluded that hazards of incrimination could,
cedure objectionable in that it could disclose
against United States?
under the circumstances of that case, be
violations under state law.
Mr. HRUSKA. The effect of the opin-
premised on prospective acts noting that "in-
There are, of course, other proposals in
substantial claims of privilege as to entirely
your bill which must be carefully considered
ion in Haynes against United States was
prospective acts may certainly be asserted,
in the light of these decisions.
anticipated in one particular by the lan-
but such claims are not here, and they need
In the area of federal taxes on wagering,
guage in section 4 of S. 1854, so that only
only be considered when a litigant has the
we believe that the immediate effect of the
one other point need be covered by an
temerity to pursue them." (p. 15, Slip
Marchetti and Grosso cases has been to bring
amendment to the present language of
Opinion.)
federal wagering tax criminal enforcement to
S. 1854.
As you know, section 5851 generally makes
a virtual standstill unless and until new leg-
I have been in touch with the general
it unlawful to receive or possess a firearm
islation is enacted. At the present time, the
counsel of the Treasury Department.
which has at any time been made or trans-
Department is intensively exploring pro-
The Treasury Department has written
ferred in violation of the Act, as well as
posals to attempt to cope with the problems
an opinion and has provided me with in-
declaring it unlawful to possess a firearm
presented by these cases.
which has not been registered as required by
We recognize that our reply to your in-
formation with respect to the require-
section 5841.
quiry is speculative and in general terms.
ments of the Haynes opinion upon the
However, under the circumstances, we are
We believe that the violations of posses-
National Firearms Act.
constrained to follow this approach. In the
sion of a firearm illegally made or illegally
At this point, Mr. President, I ask
near future, we hope that our position will
transferred may be distinguished from the
be more definitive.
unanimous consent to have printed in
violations involved in Haynes, Grosso and
the RECORD the letter of February 14,
Very truly yours,
Marchetti. Briefly, the basis of the distinc-
Roy T. ENGLERT,
1968, signed by the Acting General Coun-
tion is: (1) There is no substantial risk of
Acting General Counsel.
sel of the Treasury Department, Roy T.
self-incrimination under federal law through
Englert, which bears on this subject.
compliance with the transfer and making tax
Mr. HANSEN. I thank the Senator.
There being no objection, the letter
provisions of the Act; (2) Only a few states
Mr. HRUSKA. Mr. President, I yield
have laws prohibiting the possession of Na-
was ordered to be printed in the RECORD,
to the distinguished Senator from South
tional Act weapons and, therefore, compli-
as follows:
Carolina.
ance with the making and transfer provi-
THE GENERAL COUNSEL OF
sions of the Act would not present a substan-
Mr. THURMOND. Mr. President, I
THE TREASURY,
tial risk of self-incrimination under the laws
commend the distinguished and able
Washington, D.C., February 14, 1968.
of every state; (3) A charge of possessing a
Senator from Nebraska for the magnifi-
Hon. ROMAN L. HRUSKA,
firearm that was illegally made or illegally
cent address he has delivered on the sub-
U.S. Senate,
transferred by persons other than the ac-
ject of gun legislation, and also for the
Washington, D.C.
cused can be made and such would preclude
outstanding leadership he has provided
DEAR SENATOR HRUSKA: Your letter of Feb-
the accused from relying on the privilege;
for Congress in this field.
ruary 7, 1968, to the Secretary of the Treasury
and (4) Compliance with the making and
requested his view of the impact of the
transfer provisions of the Act would, at best,
Mr. President, this Nation is in the
Marchetti, Grosso and Haynes opinions on
show prospective violations of a state law
midst of a serious crime wave. This ter-
certain enforcement. activitives of the De-
and the application of the prospective rule
rible increase in crime is occurring on
partment. Your inquiry was referred to me
followed by the Court in Marchetti may be
three fronts: First, an increase in indi-
for reply.
distinguished in the firearms area.
vidual criminal acts-rape, murder, as-
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD - SENATE
S3791
sault and battery, breaking and enter-
involve the use of firearms. Properly con-
CONGRESSIONAL RECORD. On June 18, 1967,
ing, and the like-second, a tremendous
ducted, this use of firearms should not
I again discussed this subject in my
increase in mob violence-to wit, the
be inhibited by the Congress.
weekly newsletter entitled "The Right
tragic events in Watts, Detroit, Newark,
Marksmanship serves another impor-
To Bear Arms." Mr. President, I ask
and many other American cities, the
tant purpose as well: that of training
unanimous consent that this newsletter
latest of which is Memphis; third, an
persons for national defense purposes.
be printed in the CONGRESSIONAL RECORD
increase in organized crime.
This can be seen from the very success-
at the conclusion of my remarks.
This increase in crime is partially re-
ful program of the National Board for
There being no objection, the news-
sponsible, in my judgment, for the recent
the Promotion of Rifle Practice. This
letter was ordered to be printed in the
pressure to enact highly punitive legis-
program of civilian marksmanship has
RECORD, as follows:
lation restricting the sales of firearms.
been important to the nation's defense
THE RIGHT To BEAR ARMS
For this reason it is imperative that we
effort. As of January 1 of this year, 418,-
(Weekly Newsletter by Senator STROM
examine the causes of this wave of vio-
000 persons were enrolled in the civilian
THURMOND, June 18, 1967)
lence to see if, in reality, the adoption of
marksmanship program. Forty-five per-
The tempo of the demands for some type
such legislation would be wise.
cent of these were young people between
of gun legislation has been increasing this
Undoubtedly, many factors are in-
the ages of 12 and 18. This is important
year. Rising crime rates have led to more
volved; but, in my judgment, the single
for two reasons: First, many of these are
heated argument about the need for gun
greatest factor is that the opinion lead-
draft eligibles. It should be obvious to
control by the authorities, State or Federal.
ers of this Nation have encouraged an
all that training in the use of firearms
The debate today is whether the Federal
attitude of moral relativism and permis-
is important in our defense effort. This
government should provide assistance for
State laws on the subject, or set up substan-
siveness-an attitude which allows each
program not only trains young people,
tive legislation of its own.
individual to decide for himself which
but also make available for the use of
I believe, as I have indicated many times
laws he will obey and which he will dis-
our Armed Forces a group of highly
in the past, that Congress has no authority
obey. This permissive attitude is further
trained civilian marksmanship instruc-
to prevent people from buying and owning
reflected in the curious opinion held by
tors in the event of the national mo-
firearms. The Second Amendment to the
many influential people that criminal
bilization of our Armed Forces as did
Constitution provides that "the right of the
actions should be excused, because the
happen in World War II. The second
people to keep and bear Arms, shall not be
infringed." These prohibitions are directed
individuals involved might not be as
reason why this program is important is
against the National Government, but not
financially well off as other citizens.
one which is particularly important in
against the States. The people of each State,
The result of this moral relativism has
view of the increase in juvenile delin-
therefore, can regulate the sale of firearms
been to divorce many young people from
quency in this country. This program
without running afoul of the Constitution.
a code of conduct which includes respect
has 200,000 young people in disciplined,
Most of the States have laws designed to
for the laws and for the community. The
purposeful recreational activity. This is
prevent firearms from being sold to juve-
lines between legitimate protest and
one of the finest youth programs in the
niles, insane persons and people with crim-
inal records. The State laws vary in strict-
criminal action have become blurred in
Nation. It is a splendid example of char-
ness and enforcement, according to the needs
the minds of many, and our opinion lead-
acter building-something far too many
of each State. The New York law, for in-
ers often treat crime as if it were legiti-
of our young people lack.
stance, requires that a person apply for and
mate protest. This has only served to in-
Our country needs more fine youth
be granted a permit from the State as a pre-
crease a tendency toward crime, as moral
programs like the civilian marksman-
requisite to purchasing or possessing a hand
restraint against such actions has been
ship program of the Department of
gun. In most States, however, control over
weakened or removed.
gun sales is exercised by licensing the mer-
Army. I must say I regret that the Presi-
chants who sell firearms, and by requiring
This attitude has been reflected in re-
dent has deemed it necessary to decrease
the sellers to adhere to the law in order to
cent decisions of the Supreme Court
the appropriation for this program, but
keep their licenses.
which have shown such great concern for
our economy is a bit strained in this
In recent years, State laws governing the
the criminal at the expense of law and
time of war and I do not now wish to
sale of firearms have been increasingly cir-
order. Supreme Court policy on confes-
question that decision. However, I cer-
cumvented by mail order sales of weapons.
sions has seriously handicapped law en-
tainly hope that the recommended ap-
Dealers in weapons located outside State
forcement agencies in their attempts to
propriation will be retained and I intend
boundaries often do not comply with State
laws restricting sales. Guns have been sold
bring criminal offenders to justice.
to work toward that goal. The Presi-
through the mail to children, persons of un-
Where do guns fit into this picture?
dent has recommended the modest sum
sound mind, and people with long criminal
Some people apparently believe that fire-
of $52,750 for the operation of the Na-
records. Some irresponsible mail order mer-
arms themselves are to blame. We must
tional Board for the Promotion of Rifle
chants sell with impunity to anyone who has
never forget that firearms do not commit
Practice and $84,000 for the ammunition
the price, since they do not have to obtain a
crimes, people with criminal intent com-
needed for the civilian marksmanship
license in the State where the purchaser lives,
mit crimes A gun can be used for good
and are beyond the reach of criminal laws of
program.
the State to which the gun is shipped.
or ill, depending upon the disposition of
The program can survive if further
The problem is easily solved without over-
the individual involved. The aim of this
cuts are not made. This program de-
stepping the safeguards of the Second
body should be to prevent the use of fire-
serves the continued support of the
Amendment. Congress has the power to reg-
arms for criminal purposes not to merely
Congress. I am not advocating the free
ulate interstate commerce. Therefore, Con-
restrict the use of firearms.
and unfettered accessibility of firearms.
gress can make it unlawful to ship firearms
One legitimate use of firearms which
in interstate commerce unless the sale is
I wish only to urge that the importance
should not be forgotten is self-defense.
consistent with the law of the State to which
of the civilian marksmanship program
Individuals bent upon violent crimes are
the weapon is shipped.
to the Nation be kept in mind in the con-
not deterred from their actions if they
Congress should require the gun seller to
sideration of any firearms legislation.
obtain from the would-be purchaser a sworn
have the knowledge that their intended
Mr. President, it has long been my
statement that the buyer is not prevented by
victims are unarmed. With the growing
view that congressional action can be
the law of his home State from purchasing
crime rate in this Nation, let us not take
taken which will be helpful in prevent-
the weapon. This should be coupled with a
action which may disarm the innocent
ing easy access to firearms by those with
requirement that the seller, prior to shipping
citizen, but does not effectively disarm
criminal intentions, and yet not inter-
the weapon, send a copy of the sworn state-
the criminal. Let us remember that
ment by registered mail to the chief law en-
fere with the legitimate use of firearms.
forcement officer of the area in which the
criminals will strive to circumvent any
Congress can make it unlawful to ship
law we pass. Restrictive legislation will
would-be purchaser lives. Failure to comply
firearms in interstate commerce unless
would be a Federal criminal offense.
not serve as an equal deterrent to owner-
the sale is consistent with the law of the
Legislation of this type would protect the
ship of firearms on the law-abiding and
State to which the weapon is shipped. My
rights of the States and the rights of the
criminal alike, as the criminal is always
views on this issue have been a matter
people, without working an undue hardship
able to obtain firearms.
of public record long before the present
on seller or buyer. In most States, the people
Another consideration is the legiti-
push for unreasonable congressional con-
feel strongly that law-abiding, sane adults
mate use of firearms for sport. Hun-
trol of firearms. In my report to the
should be permitted to own firearms. If the
dreds of thousands of persons in this
National Government prohibited the sales of
people of June 14, 1965, I called for just
country participate in sports-both in
firearms, law-abiding citizens would not ob-
this type of legislation. On August 16,
tain firearms, but law-breakers would. Crimi-
hunting and in marksmanship-which
1966, I entered this newsletter in the
nals do not hesitate to obtain firearms
Reproduced at Richard Nixon Library and Museum
S3792
CONGRESSIONAL RECORD SENATE
April 2, 1968
illegally. Moreover, they would know that a
THE MISUSE OF FIREARMS IN CRIME-EXTENT
statistics influence not only the general pub-
gun would provide them with a bigger ad-
OF THE PROBLEM, FEBRUARY 26, 1968
lic but individuals who are seriously inter-
vantage over a citizenry disarmed by law.
(By Alan S. Krug*)
ested in the question of the misuse of fire-
Congress should enact legislation to sup-
arms in crime. This is well demonstrated by
port the laws which the people of each State
INTRODUCTION
the recent testimony of Attorney General
have passed according to their varying re-
The need to prevent abuses in interstate
Ramsey Clark before a subcommittee of the
quirements. It is just as important, however,
firearms sales through realistic federal legis-
U.S. House of Representatives. Both the
for Congress to obey the Constitutional man-
lation has been recognized by the overwhelm-
17,000 and the 750,000 figures were used by
date that protects the right of the people to
ing majority of American sportsmen and
Attorney General Clark (5), who testified
keep and bear arms.
other law-abiding firearms owners in the
in favor of the enactment of H.R. 5384, the
United States. All the major organizations
Mr. THURMOND. Mr. President, in
House version of Amendment 90 to S. 1, the
representing these interests have endorsed
closing I again wish to commend the
current "Dodd bill." He made the amazing
proposals which are now pending before the
statements in regard to the 17,000 statistic
distinguished Senator from Nebraska for
Congress. Other groups have proposed meas-
that "Actually, we are unable to make a
the great service he is rendering our
ures which law-abiding firearms owners be-
specific breakdown (as to those deaths which
country in the lead he is taking in try-
lieve are overly restrictive and ineffective. It
were the result of criminal activity and
ing to provide sound gun control legis-
is generally agreed that enactment of any
those that were due to accidents and sui-
new firearms legislation will be realized only
lation for the Nation.
cide-ed.)," and "It may be that most of
through mutual understanding between all
Mr. HRUSKA. Mr. President, I am
them (the 17,000 deaths-ed.) are the result
interested parties. However, positive action is
of criminal acts."
grateful to the distinguished Senator
being blocked by the anti-gun faction's dis-
from South Carolina for his kind re-
These statements were made in spite of
semination of false and misleading statistics
the fact that the number of criminal homi-
marks and his valuable contributions to
on the subject of the misuse of firearms in
this legislation:
crime. The use of such "doctored" material
cides involving firearms in 1965 was pub-
lished by the Federal Bureau of Investiga-
Mr. HICKENLOOPER. Mr. President,
serves only to alienate those sportsmen who
various firearms bills have been offered
are familiar with the facts. By misleading
tion, an agency of the U.S. Department of
Justice, which Attorney General Clark heads
much of the general public with manufac-
in this Congress in the hope that they
(24). Both the number of accidental deaths
tured material, the anti-gun faction con-
might solve the problem of the misuse of
tributes nothing to the constructive dialogue
and suicides involving firearms were avail-
firearms in crime. We are all aware that
over firearms control. Rather, it drives the
able from the U.S. Public Health Service,
U.S. Department of Health, Education and
the misuse of firearms in crime is a
two positions farther apart.
Welfare. In 1965, criminal homicides involv-
problem. It is a problem which we must
FACTS AND FANCY
ing firearms totaled 5,634 (24), hardly "most
make efforts to solve. But before we can
One very misleading statistics that has
of them."
find a proper solution to a problem, we
been used in a number of emotionally
When asked for a breakdown of the 750,000
must know something about its magni-
charged antifirearm newspaper editorials and
figure, the attorney general said "I would
tude and its character. Only then does
magazine articles is that, in 1965, 17,000
assume that accidental death would be
it become possible to determine if pro-
Americans were "killed by guns." While these
among the highest," (5, page 255) Actually,
17,000 deaths were represented to be murders
posed solutions will be not only effective,
the number of accidental deaths by firearm
committed with firearms, the actual number
but reasonable and fair to all concerned.
is the lowest of the three categories of fire-
of criminal homicides involving firearms in
arms deaths as mentioned above for each of
It is not going too far to say that
that year was 5,634. The remainder of the
the years for which data are available.
proponents of restrictive firearms legis-
17,000 people who were "killed by guns" died
Thus, it can be seen that it is all too easy
lation have gone out of their way to
through suicide (8,989) (21) and firearms
for statistics that have "popped up" in some
convince the public that the misuse of
accidents (2,200) (18).
popular article to be taken for scientific fact,
firearms accounts for a large part of our
Another statistic of antifirearms writers is
when in truth they constitute little more
that "750,000 Americans have died since 1900
crime problem. Such is not the case. We
than "gossip." Such situations as this repre-
by means of firearms." Here again, the im-
now have available a new study which
sent a real threat to any attempt to present
plication is that all of these people were mur-
explores in a scientific manner the ex-
the problem of the misuse of firearms in a
dered with guns. However, upon closer in-
tent and character of the misuse of fire-
scientific light. The result can only be con-
spection, it is seen that this figure too
fusion, consternation and resentment on the
arms in crime. This study shows that
includes deaths due to criminal homicide,
part of those who are attempting to judge
firearms are only involved in about 3
firearms accidents and suicide. This partic-
proposed firearms legislation.
percent of our serious crimes, and in
ular statistic was originally manufactured
by a New York City press agent to help sell
FIREARM HOMICIDE 1910-67
perhaps one-half of 1 percent of our
an extremist anti-gun book. There are no
From 1910 until the present time, the fire-
total crime picture. The study shows
reliable data available from any private or
arm homicide rate in the United States has
further that homemade zip guns and toy
public source to substantiate it. J. Edgar
shown a decidedly downward trend. This is
guns are involved in an appreciable part
Hoover, Director of the FBI, said in reference
depicted in the graph of Figure 1 [Not
of those crimes which are attributed to
to the 750,000 "deaths" that "This Bureau
printed in the RECORD], which is a time series
firearms in crime statistics. Also counted
does not have any reliable figures or esti-
of the national firearm homicide rate.1 The
in the figures on firearms crime are the
mates on the total number of Americans
trend line,' which was fitted to the date of
common hand-in-the-pocket type hold-
killed by firearms since 1900. We began com-
the time series by the method of least
ups where the actual presence of a fire-
piling data on this subject in 1961,
(8)."
squares, indicates that the magnitude of the
Data on the number of homicides in the
problem of the misuse of firearms in homi-
arm is uncertain.
United States involving firearms and ex-
cides has been decreasing, not increasing,
No one denies that crimes committed
plosives are available from the U.S. Depart-
over the entire period for which data are
with firearms are serious. The study
ment of Health, Education, and Welfare,
available.
points out that it is important to have
Public Health Service, for the years 1933 to
During this 57-year period in which the
laws prohibiting the possession of fire-
1966. Some data are available for the period
firearms homicide rate has shown this down-
arms by convicted felons, adjudged de-
1910 to 1932, but only for 'Death-registration
ward trend, the extent of firearms ownership
linquents, drug addicts, and other unde-
States," and not for the entire United States.
in the United States has trended upward.
sirables. But it concludes that restric-
Data for homicides by type of weapon used
tive firearms legislation is not the solu-
are not available for any years prior to 1910
1 Series of successive observations of the
(11) In no case are the data disaggregated
tion to the crime problem, if for no other
same phenomenon over a period of time are
into deaths by firearms and deaths by ex-
reason than the fact that firearms are
called time series. In this case, the phenom-
plosives. A second deficiency in the data is
enon is the annual firearm homicide rate in
not involved in the overwhelming major-
that the homicides are not broken down into
the United States.
ity of criminal offenses.
criminal homicides and justifiable homicides.
The secular trend is that characteristic
This study gives us an accurate per-
Unfortunately, such fabricated, misleading
of a time series which extends consistently
spective as regards the misuse of fire-
throughout the entire period of time under
arms in crime. It can help us to evaluate
*Alan S. Krug has been conducting re-
consideration, and is represented by the
the proposed firearms legislation now
search on the socio-economics of firearms
trend line.
since 1958, Formerly an economist on the staff
For a simplified explanation of the
before the Congress.
of The Pennsylvania State University, he is
"method of least squares," used for deter-
I ask unanimous consent that the
the author of more than 20 published tech-
mining the trend line, see Introduction to
study be printed in the RECORD.
nical and semi-technical papers in the fields
Probability and Statistics (1) or Introduction
There being no objection, the study
of natural resources management, economics,
to Statistical Analysis (7).
and firearms legislation. He is presently as-
At the end of 1966, it is estimated that
was ordered to be printed in the RECORD,
sistant to the director of the National Shoot-
as follows:
between 40 and 50 million persons in the
ing Sports Foundation, Inc
United States owned some 200 million fire-
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD-SENATE
S3793
These data are not at all consistent with a
FIREARMS IN CRIME: 1966
alleged guns,⁷ (5) pistols and revolvers, and
contention that firearms are a causative fac-
Firearms were misused in 3.4 percent of
(6) rifles and shotguns are not available (10).
tor in homicides, but rather tend to refute
the 3,243,370 serious crimes that were com-
Therefore, just what the role of each is in
such a view. Nor do the data suggest that
mitted in the United States in 1966.5* Table
the total picture of the misuse of firearms in
the problem of the misuse of firearms in
1 shows the relationship of firearms to other
crime can only be estimated. It is possible
homicide is a new one which has suddenly
weapons used in the commission of serious
to say that the percentage of serious crimes
appeared on the sociological horizon. Per-
crimes in that year.
in which non-gangster type firearms are in-
haps the increasingly efficient communica-
Unfortunately, data breaking down this
volved is less than the 3.4 per cent figure, and
tions media of today are partly responsible
3.4 per cent into (1) gangster weapons as
that handguns, including zip guns, are the
for much of the public having this impres-
classified under the National Firearms Act
most frequently misused type of firearm.
sion. While efforts must be made to solve the
of 1934, (2) "zip guns," (3) toy guns, (4)
problem of the misuse of firearms in crime,
, If, for example, a man holds up a store by
the extent of the problem and its present
5 Total serious crime as defined by the FBI
keeping his hand in his coat pocket in such
status should be judged in terms of the entire
in the Uniform Crime Reports is (1) murder
a way as to indicate he has a gun, the rob-
period for which data are available. Only
and non-negligent manslaughter; (2) forci-
then can the problem be seen in its proper
bery will be recorded as involving a firearm,
ble rape; (3) robbery; (4) aggravated assault;
perspective and subjected to meaningful
even if no gun is ever actually seen by any
(5) burglary; (6) larceny ($50 and over);
analysis.
of the persons involved in the holdup. The
and (7) auto theft (23, page 4). Murder and
non-negligent manslaughter, aggravated as-
number of such cases is apparently signifi-
arms of all types. For a treatise on the socio-
sault and robbery are the three specific crime
cant. In 1966, 10.1 per cent of all robberies in
economics of firearms in the United States,
categories in which firearms are. sometimes
New York City which involved firearms were
see The Socio-economic Impact of Firarms
misused.
committed with toy or alleged guns. By com-
in the Field of Conservation and Natural Re-
FBI crime data for 1966 are the latest
parison, rifles, shotguns and machine guns
sources Management (17).
available (23).
were involved in only 2.3 per cent (13).
TABLE 1.-RELATIONSHIP OF FIREARMS TO OTHER WEAPONS USED IN THE COMMISSION OF SERIOUS CRIMES, 1966
Crimes in
Crimes in
Percent of
Total crimes
which fire-
Percent of
Total crimes
which fire-
weapons used
committed
arms were
weapons used
committed
arms were
used
used
Homicide
10,920
Robbery
153,420
Firearms
59.3
476
Armed with-
Knives or cutting instruments
22.3
Firearms
38.9
59,680
Personal weapon (hands, feet, etc.)
9.4
Other weapons
19. 4
Blunt objects
5.4
Strong arm (muggings)
41.7
Misceltaneous
3.6
Forcible rape
25,330
Aggravated assault
231,800
Burglary
1,370,300
Knives or cutting instruments
33.6
Larceny ($50 and over)
894,600
Blunt objects
22.3
Auto theft
557,000
Personal weapon (hands, feet, etc.)
25.3
Firearms
18.8
43,
Total
13.4
3,243,370
109,734
1 Firearms including the so-called gangster weapons as so classified under the National Fire-
Source: FBI Uniform Crime Report, 1966, pp. 4, 9, 15, and 107 and supplemental letter from
arms Act of 1934, zip guns, toy guns, alleged guns, pistols and revolvers, and rifles and shotguns.
the director of the FBI.
It is known, for example, that in 1966, pis-
In addition to the 3,243,370 serious crimes
all types, including zip guns, gangster
tols and revolvers, including zip guns, were
known to have been committed in 1966, there
weapons, and alleged guns, were involved in
involved in 72.7 per cent of all firearm homi-
were nearly six million arrests for assaults,
109,734, or 3.4% of these serious crimes.
cides, rifles in 11.4 per cent, and shotguns
embezzlement and fraud, forgery and coun-
Rifles and shotguns were involved in less
in 15.9 per cent (6) The latter two cate-
terfeiting, arson, violation of narcotic drug
than one-half of one per cent (0.005)
gories, of course, include an unknown num-
laws, vandalism, vice and other crimes ex-
The grand total of all crime, excluding
ber of gangster-type weapons, i.e. "sawed-off"
cluding traffic violations (23, page 114). With
traffic offenses, in the United States in 1966
rifles and shotguns and machine guns.
the number of such crimes amounting to
was apparently in excess of 31 million. Seri-
According to Prosecuting Attorney William
more than four times the number of arrests
ous crimes involving firearms constituted
L. Cahalan's testimony before the Senate
made (23, page 102), the total number of
about 35/100 of one per cent (0.0035) of this
Subcommittee To Investigate Juvenile Delin-
crimes committed in the United States in
total. Such crimes involving rifles and shot-
quency in July of 1967, Detroit Police De-
1966 was apparently no less than a stagger-
guns accounted for approximately 5/100 of
partment statistics indicate that 95 per cent
ing 31 million (excluding traffic of-
one per cent (0.0005)
of all gun armed robberies in that city are
fenses) 11 Thus, serious crimes committed
What this means in practical terms is that
with handguns (4). In all probability, this
with firearms of all types constituted no
if firearms were to be completely eliminated
figure is similar to those encountered in
more than 35/100 of one per cent (0.0035) of
from society, (granted, an impossibility) and
other cities, as by and large holdups are com-
all the crime in the United States in 1966.
no criminal substituted any other type weap-
mitted with concealable weapons.
Such crimes committed with rifles and shot-
on for a firearm, the United States would
FBI and New York City Police Department
guns were probably no more than 5/100 of
still have 96.6% of its serious crime, and
Statistics show that there were 23,539 rob-
one percent (0.0005) of the total
99.6% of its total crime If all rifles and shot-
beries in the city of New York in 1966. Hand-
CONCLUSION
guns were to be eliminated from society, and
guns were used in 23.4 per cent of these rob-
In 1966, there were 3,243,370 serious crimes
no criminal substituted any other type of
beries and rifles, shotguns and machine guns
committed in the United States. Firearms of
weapon for them, the United States would
in 0.6 per cent. Of the total number of rob-
still have at least 99.5% of its serious crime
beries committed with all types of firearms,
those committed with rifles, shotguns and
* Arrests, not crimes known to have been
and at least 99.9% of all of its crime. The
committeed. The total number of crimes
fact that criminals do substitute other weap-
machine guns constituted 2.3 per cent, less
than the five per cent figure reported for
committeed has not been reported, and must
ons for commercially-manufactured firearms
be imputed from the arrest figures. In 1966,
is obvious, and has been well documented (2,
Detroit (13).
the FBI received reports of 4,144,445 arrests
15, 19, 20, 25, 27). For example, the use of
These data indicate that of all the serious
crimes which occurred in the United States
for such crimes from 4,042 agencies repres-
homemade zip guns exceeded the misuse of
in 1966, less than one half of one per cent
ting a population of 137,986,000. For the en-
riffes and shotguns in murders, robberies and
tire population of 195,857,000, a total arrest
assaults in New York state in 1966 (12)
(0.005) involved riffes and shotguns.
figure of 5,880,967 can be imputed.
Measuring the extent of the misuse of fire-
The percent of offenses cleared by ar-
arms in crime is a necessary prerequisite to
Although the 1966 FBI Uniform Crime
rests in 1966 was 24.3 for serious crimes,
evaluating the possible effect which firearms
Report erroneously reported "firearms used
and 21.1 for other crimes, excluding traffic
legislation might be expected to have on the
to commit more than 6,500 murders" in 1966
offenses. A clearance of 21.1% for 27,871,800
crime rate. Data presented in this study show
(23, page 1), firearms were involved in 6,476
crimes would account for 5,880,967 arrests as
that crimes involving the misuse of firearms
criminal homicides, or 59.3 per cent of the
noted above. With 3,243,370 serious crimes
account for & minimal part of the total crime
total number committed (23, page 107) This
having been committed, the grand total for
59.3 per cent figure was incorrectly rounded
all crimes, excluding traffic offenses, would
The Joint Legislative Committee on
to 60 per cent (23, page 6). The error was
be 31,115,170. This, of course, does not ac-
Crime, Its Causes, Control, and Effect on
apparently the result of & second incorrectly
count for any unreported crime.
Society of the New York state legislature re-
rounded figure of 44 per cent for the per cent
11 Crime reports measure the number of
ported that in 1966, murders, robberies and
of murders committed with handguns (23,
crimes, not the number of criminals. The
assaults with rifiles. and shotguns in New
page 7). The latter was actually 43.1 and
number of criminals is substantially less
York state totaled 705, while zip guns were
should have been rounded to 43.
than the number of crimes committed.
involved in 976 such incidents (12).
Reproduced at Richard Nixon Library and Museum
S3794
CONGRESSIONAL RECORD
April 2, 1968
picture. Firearms legislation would be cor-
Department of Justice, Washington, D.C.
APPENDIX TABLE 1.-Firearms homicide rates
respondingly limited in its effectiveness.
vember 21.
in the United States: 1910-66
Previous studies have shown that the avail-
(9)
1966. Personal communication
Year:
Rate
ability of firearms is not a causative, but only
to Hon. Roman L. Hruska, a United States
1910
2.5
an incidental, factor in the 3.4% of total
Senator from the State of Nebraska. July 29.
1911
3.2
serious crimes in which firearms of all types
See Congressional Record, (135) :5.
1912
3.2
are involved (14, 25, 27). Studies have also
(10)
1965. Personal communica-
1913
3.6
shown that there is no statistically signifi-
tion. May 27.
1914
3.9
cant difference in crime rates between those
(11) Israel, R. A. 1967. Personal communi-
1915
3.6
states having firearms licensing laws and
cation. Chief, Mortality Statistics Branch,
those which do not (15, 26).
Division of Vital Statistics, Public Health
Average
3.
It is axiomatic that it is desirable to have
Service, U.S. Department of Health, Educa-
1916
laws prohibiting convicted felons, adjudged
4.0
tion, and Welfare, Washington, D.C. June 28.
1917
delinquents, mental incompetents, drug ad-
4.6
(12) Joint Legislative Committee on
1918
dicts, adjudged habitual drunkards and fugi-
4.4
Crime, Its Causes, Control, and Effect on So-
1919
tives from justice from purchasing or pos-
5.1
ciety of the New York State Legislature. 1967.
1920
sessing firearms (16). But many of those who
4.8
Excerpts (regarding guns) from 12-15-67 re-
espouse firearms legislation as a means of
port of Joint Legislative Committee on
Average
4.6
reducing crime rates in the United States are
Crime, Its Causes, Control, and Effect on
doing the public a disservice by leading peo-
1921
Society. New York State Legislature, Albany.
5.9
ple to believe that such legislation will suc-
1922
2 pp.
5.8
cessfully solve the crime problem, or for that
1923
(13) Joint Public Hearing on Firearms
5.6
matter, even a significant part of it, when the
1924
Control. 1967. Staff notes. Pages 5-8. Joint
5.8
facts dictate that it will not. Misleading the
1925
Legislative Committee on Crime, Its Causes,
5. 8
public in this way tends to reduce the public's
Control and Effect on Society; Subcommittee
Average
5.8
justifiable concern over our alarming crime
on Firearms Control of the City Affairs Com-
rate and delays positive action aimed at the
mittee of the City Council of the City of New
1926
5.8
real causes of crime, which, as many studies
York. City Hall, New York, N.Y. 29 pp. mimea.
1927
5.6
have shown, are socio-economic in nature
(14) Krug, A. S. 1968. The relationship be-
1928
5.9
(3, 24, page VII).
tween firearms ownership and crime rates: a
1929
5.5
-With 40 to 50 million Americans owning
statistical analysis. Congressional Record,
1930
6.0
firearms for lawful purposes, the burden
(12) :H570-H572.
should be on those advocating restrictive
Average
5.8
(15)
1967. A statistical study of the
firearms legislation to show that the legisla-
relationship between firearms licensing laws
1931
6.2
tion they propose is an effective means of
and crime rates. Appendix C of Statement of
1932
6.1
preventing crime and reducing crime rates.
Mark K. Benenson. Pages 695-705. In Hear-
1933
6.3
Proof in the way of scientific evidence, duly
ings Before the Subcommittee to Investigate
1934
6.1
treated by proper statistical methods, should
Juvenile Delinquency of the Committee on
1935
5.1
be required. Emotional arguments based on
the Judiciary, United States Senate, Nine-
personal opinion or political expediency
tieth Congress, First Session, on Proposed
Average
6.0
should be rejected. Benefits, if any, to be
Amendments to the Federal Firearms Act.
gained from firearms legislation should be
1936
4.7
U.S. Government Printing Office, Washing-
1937
judged both in terms of the financial cost to
4.4
ton, D.C. 1186 pp. Also in Congressional Rec-
the community and in terms of the subse-
1938
3.9
ord-House, pages H9366-H9370. July 25.
quent loss of personal freedom and individ-
1939
3.7
(16) Krug, A. S. 1966. Model firearms legis-
ual civil rights.
1940
3.5
lation for the conservation action agency.
BIBLIOGRAPHY
Pages 236-246. Proc. 20th Ann. Mtg. of the
Average
4.0
(1) Alder, H. L., and E. B. Roessler. 1964.
S. E. Assoc. of Game and Fish Comm., Ashe-
Introduction to probability and statistics.
ville, N.C.
1941
3.4
Pages 160-167. W. H. Freeman and Company,
(17)
1965. The socio-economic im-
1942
3.1
pact of firearms in the field of conservation
1943
San Francisco and London. 313 pp.
2.5
(2) Anonymous. 1958. A teen-age gang
and natural resources management. Pages
1944
2.5
leader's brutal tale (zip-gun armies at war).
70-78. Proc. 19th Ann. Mtg. of the S. E. Assoc.
1945
2.9
Life magazine, 44(15) :126-140.
of Game and Fish Comm., Tulsa, Oklahoma.
Average
2.9
(3) Bensing, R. C., and O. Schroeder. 1960.
(18) National Safety Council. 1966. Acci-
Homicide in an urban community. Page 184.
dent facts 1966 edition. Page 7. National
1946
3.5
Charles C. Thomas, Springfield, Illinois. 193
Safety Council, Chicago, Illinois. 97 pp.
1947
3.4
pp.
(19) Page, W. 1959. Guns from the jungle.
1948
3.3
(4) Cahalan, W. L. 1967. Statement of
Field & Stream, 64(11) :136-140,
1949
2.8
William L. Cahalan, Prosecuting Attorney,
(20) Shead, W. C. 1958. Do laws requiring
1950
2.8
Wayne County, Michigan, Pages. 368-408. In
registration of privately owned firearms
lower murder rate? S. Tex. Law J., 3(4) :317-
Average
3.2
Hearings before the Subcommittee to Inves-
tigate Juvenile Delinquency of the Commit-
331.
1951
2. 5
tee on the Judiciary, United States Senate,
(21) U.S. Department of Health, Educa-
1952
2.7
Ninetieth Congress, First Session, on pro-
tion, and Welfare, Public Health Service, Na-
1953
2.5
posed amendments to the Federal Firearms
tional Center for Health Statistics. 1966.
1954
2.5
Act and the National Firearms Act. U.S.
Vital statistics of the United States-1965.
1955
2.3
Government Printing Office, Washington,
U.S. Department of Health, Education, and
D.C. 1186 pp.
Welfare, Washington, D.C.
Average
2.5
(22)
(5) Clark, R. 1967. Statement of Hon.
1950. History and organiza-
tion of the vital statistics system. Vital Stat-
1956
2.4
Ramsey Clark, Attorney General of the
istics of the United States, Vol. 1:2-19.
1957
2.3
United States; accompanied by Fred M. Vin-
(23) U.S. Department of Justice, Federal
1958
2.4
son, Jr., Assistant Attorney General in charge
Bureau of Investigation. 1967. Uniform crime
1959
2. 5
of the Criminal Division. Pages 204-205, In
Hearings before Subcommittee No. 5. of the
reports-1966. U.S. Government Printing
1960
2.6
Committee on the Judiciary, House of Rep-
Office, Washington, D.C. 185 pp.
Average
2.4
(24)
1966. Uniform crime reports
resentatives, Ninetieth Congress, First Ses-
1965. Pages 3,106. U.S. Government Print-
sion, on H.R. 5037, H.R. 5038, H.R. 5384, H.R.
1961
2.5
5385, and H.R. 5386, U.S. Government Print-
ing Office, Washington, D.C. 192 pp.
1962
2.4
(25) Walmer, J. D. 1967. Comments made
ing Office, Washington, D.C. 1551 pp.
1963
2.5
during an interview on radio station
1964
2.6
(6) Daunt, J. J. 1967. Personal communi-
WMAJ, State College, Pa, Medical director,
1965
2.9
cation. Inspector, Uniform Crime Reporting
Rehabilitation Education Program, The
Section, Federal Bureau of Investigation, U.S.
Pennsylvania State University, University
Average
2.6
Department of Justice, Washington, D.C. Au-
Park. October 25
gust 16.
(26) Wisconsin Legislative Reference Li-
1966
3.
(7) Dixon, W. J., and F. J. Massey, Jr. 1957.
brary. 1960. The regulation of the firearms by
1 Data for 1910-32 are for "Death-registra-
Introduction to Statistical Analysis. Pages
the states. Research bull. 130. Wisconsin
tion States" only; data for 1933-66 are for
189-193, McGraw-Hill Book Company, New
Legislative Reference Library, Madison, 34 pp.
the entire United States (11)
York, 488 pp.
(27) Wolfgang, M. E. 1958. Patterns in
SOURCE: Public Health Service, U.S. De-
(8) Hoover, J. E. 1966. Personal communi-
criminal homicide. Pages 79-83. Oxford Uni-
partment of Health, Education, and Welfare
cation to Neal Knox, editor, Gun Week. Di-
versity Press, London, Bombay, and Karachi.
(1910-60); Federal Bureau of Investigation,
rector, Federal Bureau of Investigation, U.S.
413 pp.
U.S. Department of Justice (1961-66).
Reproduced at Richard Nixon ibrary and Museum
April 2, 1968
CONGRESSIONAL RECORD - SENATE
S3795
THE LEGITIMATE NEED AND USE OF FIREARMS IN
increasing numbers of our citizens. Many
The bills diligently worked out over the
THE UNITED STATES TODAY
of these persons belong to one or more
last several years by Senator HRUSKA ac-
Mr. HICKENLOOPER. Mr. President,
than 75 gun collectors' associations;
complishes these objectives. Senator
in all the hue and cry over the criminal
thousands more enjoy this interesting
HRUSKA'S bill appears to have success-
misuse of firearms in America these days,
hobby on a personal, unorganized basis.
fully zeroed in on the target without be-
some people, by design or accident, are
Finally, there is one other legitimåte
coming a catchall for additional restric-
mounting a massive campaign which im-
use of and need for private ownership of
tions which are hard to explain and
plys that there is no longer any need for
firearms in the United States today. This
justify and which have generated un-
firearms in a modern, civilized society.
is the right to protect one's life, family,
necessary oppositions and the recent
These persons, no doubt, are motivated
home, or business. Millions of guns are
stalemate.
by an inherent fear of violence, par-
kept by homeowners as protection from
To illustrate the need for sober review
ticularly that involving shot and shell,
criminals; millions of firearms are also
of the proposals of the Judiciary Sub-
and their ideals of a peaceful utopia un-
legitimately kept in banks, business of-
committee, its amended S.-1 would give
doubtedly are sincere. But in their zeal,
fices, stores, and other places of business
authority to the Secretary of the Treas-
they seem to give the impression that the
for the same reason. Despite the wishful
ury to embargo imports in his discretion.
only legitimate need for or use of fire-
thinking of some naive "do-gooders,"
Whether or not intended, this invites
arms in our society should be reserved
there is today, and always will be, a need
discrimination, without regard to either
for the police and the Nation's military
for American citizens to protect them-
the sportsman's or the criminal's choice
forces. All other uses, in their professed
selves against the midnight prowler, the
of firearms, between foreign and domes-
opinion, are suspect, dangerous, and un-
rapist, and the mentally deranged crim-
tic origin, between manufacture for mili-
necessary to the health, happiness, and
inal who will not wait for the police to
tary and nonmilitary specifications. If
welfare of the American people.
arrive before he commits mayhem or
the Federal Government is going to tell
Such thinking, unfortunately, is com-
murder. It is completely unrealistic and
Americans what they can and cannot
pletely unrealistic, impractical, and
impractical for us to believe that we can
buy, there must be a solid justification.
wishful. For there are, whether or not
create a police force large enough or effi-
If certain types of firearms are pecu-
they can believe it, may entirely legiti-
cient enough so that every home and
liarly susceptible to criminal use, rather
mate uses for firearms in our society-
every place of business in America could
than sporting use, then they should be
uses which are completely honorable and
be constantly patrolled. Certainly, the
clearly defined and removed from com-
necessary to our survival in a troubled
right of American citizens to defend their
merce. There is no need for a double
world.
lives and property must be recognized,
standard applicable to firearms of do-
Hunting, for example, has been and
for without this privilege our right to life,
mestic and foreign origin.
continues to be one of America's finest
liberty, and the pursuit of happiness
In this connection, I am happy to note
traditions. Approximately 17 percent of
would be seriously jeopardized.
that efforts in the Senate to confine this
all adult Americans participate in the
sport of hunting. In 1964 the number of
In all, there are at least 200 million
legislation to justifiable regulations of
Americans taking to our fields and forests
firearms in private ownership in the
commerce has its counterpart in the
United States-firearms that are owned
other House, where the Judiciary Com-
in quest of game and healthy outdoor
mittee is understood to have eliminated
sport approached the 20 million mark.
and used in a variety of legitimate ways
by decent, law-abiding persons. It is pa-
the import section and appears to be
In rural areas, 28 percent of our popula-
tently unfair and untrue to classify these
progressing toward a more effective and
tion participates in the sport of hunting;
citizens in the same category as criminals
realistic bill along the lines proposed by
in cities, 10 percent-and there is every
indication that more of our city dwellers
or others who accidently or intentionally
Senator HRUSKA.
misuse firearms for any purpose what-
Mr. CANNON. Mr. President, the dif-
would like, to enjoy this sport if given
the opportunity to do so, Projections for
soever. The vast majority of Americans
ferences between the administration ap-
who own and use firearms do so safely,
proach to firearms controls, as mani-
the future indicate that, between now
legally, and as a means of enjoying a
fested in S. 1 with amendment No. 90, the
and 1975, there will be a 30-percent in-
crease in the number of individual hunt-
healthy, beneficial sport.
Dodd bill, and the Hruska approach as
set forth in S. 1853, are differences not
ers; between now and the year 2000,
Through the sporting use of firearms
only of degree but also of substance. The
there will be an 83-percent increase.
in hunting or competitive shooting, this
philosophy and orientation of the admin-
Nation has maintained a tradition that
Firearms are also used extensively, and
istration bill is one of restriction and pro-
legitimately, in target shooting. Although
since its inception in Revolutionary War
hibition of the law-abiding citizen to ac-
exact figures on the total number of
days has carried the country through ev-
quire, possess and use firearms for legiti-
target shooters in the United States have
ery test of its strength and valor in every
mate purposes. Proposed controls of S. 1
armed conflict which we have fought
not been complet ely. compiled, some
are both direct and indirect and reflect
throughout our history It would be a
150,000 of the National Rifle Association's
an approach alien to the American
dark day, indeed, if these legitimate uses
950,000 members in 1967 held classifica-
ethos.
of firearms should ever be denied the
tion cards for competitive shooting.
Veritable mountains of testimony have
American people.
These shooters participated in more than
been presented both for and against the
2,200 registered and approved tourna-
Most of us are interested in improv-
administration proposal to regulate fire-
ments. In that same year, more than
ing existing law to regulate the distribu-
arms in commerce. But, Mr. President,
400,000 men, women, and children par-
tion of firearms. On a number of occa-
I have seen nothing in all the oral and
sions on the Senate floor it has been
ticipated in NRA marksmanship quali-
written presentations to justify a policy
fication courses; and since 1926 more
made clear that proponents of different
of prohibition-the kind of policy ex-
than 6 million Americans have been
methods of accomplishing this are sep-
emplified clearly and directly in S.1.
arated more by emotional claims about
qualified by this organization, the largest
We are constantly being told by the
the relation between commerce in fire-
of its kind in the world.
proponents of the administration meas-
arms and crime than by the actual dif-
In the shotgun sports, more than
ure that the American public wants this
ferences in the various pending bills. As
23,000 persons are represented by the
kind of bill; that not only public officials
the chairman of the Commerce Com-
National Trapshooting Association, and
of various kinds but also the private citi-
mittee made clear some time ago, that
another 12,000 persons belong to the Na-
zen throughout the United States have
committee will have to be satisfled as to
tional Skeetshooting Association. Reli-
raised their voices loudly and unmis-
the methods and justification of any new
able estimates, however, place the num-
takably for highly restrictive controls.
regulations of domestic or foreign com-
ber of people who regularly compete in
If this be true, then I am unaware of
merce.
these fine sports at over 100,000 trap-
this clamor. I say this both as a Mem-
It is perfectly obvious that mail or-
shooters and more than 200,000 skeet-
ber of this august body of lawmakers and
der sales should be further regulated to
shooters.
as a private citizen, In fact, everything
discourage anonymous buying by poten-
that I-have seen, heard and experienced
Millions of other persons enjoy shoot-
tial troublemakers. It is equally obvious
has convinced me that, rather than
ing in activities which range from turkey
that gangster-type weapons and odd
urging the passage of the administration
shoots to plinking at tin cans. Collect-
pieces of military ordinance not usable
gun bill, a highly significant portion of
ing firearms of historic value is another
for sporting purposes should not be com-
the electorate has opposed the enact-
form of ownership and use which attracts
mercially available to the general public.
ment of such a measure. Why is this? The
Reproduced at Richard Nixon Library and Museum
3796
CONGRESSIONAL RECORD SENATE
April 2, 1968
reason is that S. 1 is virtually all-inclu-
Judiciary Committee-amendment No.
of all types were used in only 19 percent
sive and susceptible to arbitrary action.
90-and H.R. 5384; and, second, the more
of aggravated assaults, while knives and
There is a proposal, Mr. Chairman,
moderate bills which have been intro-
razors were used in approximately 34
which fulfills the requirements for proper
duced by several Members of the House
percent of the total, blunt instruments
Federal control, on the one hand, and for
of Representatives, and S. 1853 and S.
accounted for 22 percent, and miscella-
noninfringement of the regulatory rights
1854 introduced by Senator HRUSKA.
neous and personal weapons completed
of the States, on the other. This bill
S. 1. as amended and H.R. 5384 pro-
the total. Also, a report by a Wisconsin
would not only maintain in proper per-
vide express restrictions on the shipment
State agency indicates that the murder
spective and balance the Federal-State
of any firearms, including shotguns and
rate in those States that regulate fire-
fields of operation but also by implication
rifles, in interstate commerce. They pro-
arms is no lower than the rate in those
recognize the basic right of the indi-
hibit the interstate mail-order sale, ex-
States-that have no such regulation. And
vidual to acquire, possess and use fire-
cept between federally licensed dealers,
so it seems that the regulation of fire-
arms for legitimate purposes, free from
of all firearms including handguns, shot-
arms could solve only a small part of the
unnecessary and undesirable bureau-
guns, and rifles, and military surplus
crime problem.
cratic interference. S. 1853, by Mr.
weapons. They prohibit the over-the-
I must concede, however, that even
HRUSKA, of Nebraska, is this proposal;
counter sale of handguns to nonresi-
though guns are used in a small percent-
and I commend it to you for your con-
dents. Also, the bills contain elaborate
age of serious crimes, the argument for
sideration and approval.
licensing procedures and increased fees
gun legislation would be meritorious- if
1853 would apply only to handguns—
for firearms dealers, manufacturers and
gun legislation would, in fact, keep guns
the firearm used in over 70 percent of
importers.
from criminals and save lives. While I
armed crime-and would provide a
Senator HRUSKA'S measure, S, 1853,
feel that hardened criminals and poten-
certified statement system for the ship-
provides for an affidavit procedure for
tial criminals with no records would still
ment or receipt by a private person of a
mailorder and nonresident over-the-
be able to obtain a large percentage of
handgun in interstate commerce. This
counter sales of handguns, because it is
their firearms needs no matter how
bill regulates; it does not prohibit. It con-
felt that handguns are the principal tools
stringent our legislation might be, I have
trols with temperance, soundness and
of criminals. Included in the bill is an
decided that the benefits to be derived
reasonableness an area which is recog-
absolute prohibition on the sale of such
from legislation designed to restrict the
nized by all in need of additional
guns to those under 21 years. The Hruska
sale of handguns are significant enough
regulation.
bill does not, however, impose Federal
to warrant the expense, the restriction
STATEMENT IN SUPPORT OF S. 1853 AND S. 1854,
restrictions on the sale of rifles and shot-
and the interference which would be im-
BILLS TO REGULATE THE SALE OF FIREARMS AND
guns so long as such sales are not in
posed by such legislation upon the law-
CERTAIN OTHER DESTRUCTIVE DEVICES
violation of State law.
ful users of these firearms. There is little
Mr. ERVIN. Mr. President, without dis-
After careful consideration of the vari-
doubt that handguns are the principal
pute, the greatest domestic problem now
ous bills and of available crime statis-
tools of criminals. For example, during
confronting this country is a soaring
tics, and after weighing the utility of the
1966, 60 percent of the willful killings
crime rate. Responsible citizens now rec-
proposed controls against the threatened
in the United States were committed
ognize that the crime problem has
infringement upon individual and con-
with firearms and 70 percent of these gun
reached such proportions that immedi-
stitutional rights, the conclusion is in-
murders resulted from handguns. Of the
ate action is required to control or pre-
escapable that comprehensive Federal
19 percent of aggravated assaults re-
vent behavior that threatens the public
controls on the availability of all fire-
ferred to in the previous paragraph
order and security of this Nation.
arms is unwarranted and unnecessary.
which were committed with firearms, it
Mr. President, consider if you will, that
I therefore support the less restrictive
has been estimated by the FBI that at
in 1967 there was a forcible rape every
provisions of S. 1853.
least two-thirds of these were committed
23 minutes, a robbery every 4½ minutes,
As I see it, apart from the constitu-
with handguns. Additionally, by far the
an assault every 2½ minutes, a car theft
tional question, there are two policy con-
largest percentage of armed robberies
every minute, and a burglary every 27
siderations which must be balanced in
are committed with handguns. And so
seconds. The resulting monetary loss is
the study of any firearms legislation, and
it appears to me that the firearms prob-
authoritatively estimated to be at least
they are: First, the problem of increas-
lem is primarily reduced to one of ade-
$27 billion. Of course, there is no way of
ing crime in our country, and how it will
quately controlling the misuse of hand-
adequately measuring the pain, misery,
be affected by legislation restricting the
guns.
fear, and suffering inflicted upon the in-
purchase of firearms; and, second, the
It also appears quite logical to me
nocent victims of crime.
lawful use and enjoyment of firearms by
that rifles and shotguns belong in a sep-
The problem and its complexity in our
the 40 million citizens who own them,
arate category, exempt from the controls
modern industrial-technological society
and the effect such legislation would
placed on handguns. The handgun, be-
are obvious. Equally obvious is the neces-
have on such lawful use of firearms as
cause of its physical characteristics, its
sity for prompt and efficient action now
recreational shooting, - including hunt-
easy concealability, is the weapon most
to afford adequate protection for our
ing, and personal protection.
often utilized by the criminal element.
lives and property. With this in mind,
I strongly believe that firearms should
On the other hand, rifles and shotguns,
careful consideration is being given by
be kept from those who would misuse
both by custom and heritage, are the
the Congress to several bills now-under
them; however, we have a recent exam-
firearms of the sportsman. Subjecting
consideration to accomplish through
ple of how difficult it is to keep weapons
both categories of firearms to the same
legislation increased Federal assistance
from the hands of those who would
requirement seems no more logical to
in such critical areas as narcotics and
break the law: A substantial number of
me than placing identical controls on
drug abuse, police organization, judi-
guns that were used during the riots
ships and automobiles.
cial administration, State detention and
which have swept our large cities were
For this reason, and with the firm re-
correctional agencies, organized crime,
stolen, not purchased, from local sport-
solve that the substantial segment of our
research in the prevention and control
ing goods stores and pawnshops.
society that lives in rural and semirural
of crime, and firearms control.
areas should not be denied the opportu-
If I felt that extreme legislation such
It is to this final topic, firearms con-
as S. 1, as amended, and H.R. 5384 would
nity to purchase firearms for recreational
trol, which has generated much debate
prevent the commission of serious crimes,
use or personal protection, or be sub-
and emotion, that I direct my remarks.
I would have to support it; but common-
jected to exorbitant taxes and extra costs
During recent years, the increasing
sense tells us that a criminal who sets
connected with such purchases, I favor
crime rate, the assassination of a Presi-
out to commit a serious assault will not
S. 1853 which exempts rifles and shot-
dent, and the rioting in our cities have
be deterred by a law which says he can-
guns from the affidavit and notification
caused the Congress to take another look
not have a gun in his possession. The
requirement which it imposes upon the
at the possession and use of firearms to
mail-order and nonresident over-the-
fact is that guns are used in only a small
determine if increased regulation would
percentage of serious crimes. A Federal
counter sales of handguns.
be in the national interest. The legisla-
Bureau of Investigation survey shows
Mr. President, I should like to empha-
tion which has thus far been proposed
that in 1966 only 3.4 percent of the
size that the forward-looking, positive
has fallen generally into two categories:
3,243,000 serious crimes committed in the
program embodied in 1853, specifically
First, the greatly restrictive type of leg-
United States were committed with fire-
would include the following features:
islation such as S. 1, as reported to the
arms. These FBI figures show that guns
First. It would require that no manu-
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD SENATE
S3797
facturer or dealer may ship any firearm
ons, the possession of emunerated dead-
pear to be sound and appropriate. S.
in interstate commerce to any person in
ly weapons or weapons not ordinarily
1854, by doing this, provides a very appro-
violation of State or appropriate local
used for defense or warfare, the firing
priate complement to S. 1853.
law.
of guns in populous areas, or the use of
In reaching my conclusions on this im-
Second. It would provide that no per-
weapons in connection with the forma-
portant matter, I have given a great deal
son may transport or receive in his place
tion of military organizations other than
of consideration to the question of the
of residence a firearm acquired by him
the organized militia. Pursuant to this
degree of control that should be exerted
outside the State if such acquisition or
recognized power, every State has en-
by the Federal Government to help con-
possession is unlawful in the place of his
acted some form of statute regulating
trol the misuse of firearms. I fully recog-
residence.
either the possession, carrying, purchase,
nize that the Federal Government is em-
Third. It would require that no carrier
or sale of firearms.
powered to exercise its control over in-
may deliver any handgun to a person un-
Although the Federal Government has
terstate commerce. I do not question this
der 21 years of age.
no police power and can impose controls
authority. However, bills such as S. 1, as
Fourth. It would require that the pur-
over firearms only through its power to
amended, and H.R. 5384, would prohibit
chaser of a handgun in interstate com-
regulate interstate commerce, its power
all mail-order sales of all firearms ex-
merce make an affidavit of eligibility
to tax and its jurisdiction over the mails,
cept sales between federally licensed
which is filed with the purchaser's local
the Supreme Court and other Federal
dealers. I feel this extreme approach is
law enforcement agency, and that the
courts have upheld Federal firearms
unsatisfactory because it detracts from
seller wait at least 1 week before ship-
legislation under these powers. The Na-
the traditional police powers of the
ping the handgun to the purchaser.
tional Firearms Act of 1934, which levies
States in this area.
S. 1853 has received the full support of
a heavy tax on transfers of machineguns,
I contend that the most just and rea-
not only hunters and sportsmen but also
sawed-off shotguns, silencers, and other
sonable approach to the question is for
a substantial part of the American pub-
gangster-type weapons, was upheld by
the Federal Government to exercise its
lic, including the approval of all of the
the Court in United States V. Miller, 307
control over interstate commerce by re-
major gun and wildlife organizations,
U.S. 174 (1939). The Federal Firearms
quiring first, a sworn statement that the
such as the National Rifle Association,
Act of 1938, which regulates the move-
applicant is not prohibited by state laws
the National Shooting Sports Founda-
ment in interstate commerce of all fire-
from purchasing a firearm; and, second,
tion, the Sporting Arms Manufacturing
arms and ammunition larger than .22
notification of local police, prior to the
Institute, the National Wildlife Feder-
caliber, licenses all dealers, and pro-
interstate or mail-order purchase of a
ation, and the Wildlife Management In-
hibits shipments to or receipt by crimi-
pistol or revolver. In this manner, a con-
stitute, and others.
nals or the movement of stolen weapons,
trol, with responsibility for enforcement
I have no doubt of the constitutional
was upheld in Cases V. United States, 131
shared by the Federal and State and local
power of the Congress to enact S. 1853.
F. 2d 916 (1st Cir. 1942), and United
authorities, would be placed upon the
Much misinformation has been dis-
States V. Tot, 131 F. 2d 261 (3d Cir. 1942),
purchase of those firearms being misused
both of which were considered and left
tributed in recent years by opponents
most frequently, while permitting the
of firearms legislation to the effect that
undisturbed by the Supreme Court.
purchase of rifles and shotguns, weapons
the "right to bear arms" guaranteed by
There is no question, then, that there
obviously most used and enjoyed by the
the second amendment is personal and
is nothing in the meaning, scope, or ap-
sportsman, free of prior Federal restraint
plication of the second amendment to
absolute and protected against any re-
but still subject to whatever requirements
strictive Federal legislation. This argu-
impede passage of Federal legislation,
for possession, transportation or use the
ment is without support in the language
such as S. 1853, imposing reasonable re-
State and local governments think nec-
strictions on interstate traffic in firearms
or history of the second amendment.
essary.
The amendment provides:
and setting reasonable licensing require-
In conclusion, it is my hope that the
ments for firearms dealers, manufac-
Senate will act this year to pass S. 1853
A well regulated militia, being necessary
turers, and importers. The purpose and
and S. 1854 as a part of our total legis-
to the security of a free State, the right of
the people to keep and bear arms shall not
effect of the bill is to prohibit the inter-
lative involvement in the war on crime.
be infringed.
state sale of handguns, which are
Mr. PERCY. Mr. President, I am
particularly susceptible to misuse by
pleased to add my comments today on
There is disagreement among modern
criminals, and to prohibit interstate
the important subject of firearms legis-
legal commentators as to whether the
firearms transactions in violation of Fed-
lation. I am sure all Senators will wel-
pairing in the amendment of the two
eral, State, or local law, thus facilitating
come an informative exchange on this
concepts of the militia and the right to
the enforcement by the States of their
subject, which has been the center of
bear arms means that an individual has
own firearms laws. The bill constitutes,
controversy for several years in Congress.
a right to bear arms solely in his func-
in my judgment, a proper exercise of the
I have been impressed with the mail and
tion as a member of the militia Some
interstate commerce power, the taxing
other communications I have received
argue that the terms "militia" and "peo-
power and the power over the mails, and
on the subject, both from the point of
ple" were intended to be separate in na-
does not infringe upon any right to bear
view of the volume of the mail, and the
ture and to preserve two distinct rights
arms protected by the second amendment
variance in the viewpoints expressed in
and that, as a consequence, the amend-
or any other provision of the
the letters. I might add that on few sub-
ment guarantees an individual right to
Constitution.
jects have I been treated to as strong
bear arms for personal purposes. Others
Mr. President, at this time, I would
assorted views and comments as I have
contend that the right runs only to the
also like to express my strong support for
received on the subject of the coverage
people collectively, organized as the
the bill, S. 1854, to amend the National
and operation of a Federal firearms con-
militia, and relates only to matters of
Firearms Act to strictly regulate the
trol law.
common defense.
making or transfer of so-called destruc-
That congressional action on the mat-
Neither the language of the amend-
tive devices such as bazookas, mortars,
ter has been slow is very clear. In char-
ment, the history of its adoption, nor
bombs, grenades, rockets, and field or-
ity, this can be attributed in large meas-
the court decisions construing it supply
dance. The bill would place these devices
ure to the constitutional mandate that
a basis for a definitive answer to the
under the same restrictions and require-
police jurisdiction rests essentially with
question. The relevant point, however, is
ments that apply to machineguns, sawed-
the several States. There is a consider-
that the right to bear arms, whether it be
off shotguns and sawed-off rifles under
ably valid point of view that the States
an individual right or a collective right,
the National Firearms Act-often known
have not acted, and the Federal Govern-
is certainly not an absolute right. The
as the Machine Gun Act. It is generally
ment should therefore move apace to fill
cases are clear that, notwithstanding the
conceded that "destructive devices" have
the void and provide control wherewith
second amendment and comparable pro-
no legitimate sporting purpose and ought
to check and reverse the growing inci-
visions of State constitutions, the posses-
to be strictly regulated. Because of the
dence of crimes committed with firearms.
sion and use of firearms are subject to
effectiveness of the National Firearms
From the point of view of my own
reasonable regulation. Under the police
Act in strictly controlling machine guns
State of Illinois, this is decidedly not the
power of the States, the courts have up-
and sawed-off rifles and shotguns since
case. And in the hope the Illinois exam-
held the reasonable regulation or even
1934, the placing of "destructive devices"
ple will prove instructive, I should like
prohibition of carrying concealed weap-
under the controls of this law would ap-
to outline the present actions that have
Reproduced at Richard Nixon Library and Museum
S3798
CONGRESSIONAL RECORD-SENATE
April 2, 1968
recently been taken there to meet this
testimony of the president pro tempore
fashion so that they would be in a posi-
problem.
and the majority leader of the Illinois
tion to enforce the laws of the State or
During its 1967 session, the Illinois
Senate, the distinguished Senator W.
municipality.
State Legislature enacted noteworthy
Russell Arrington. In outlining the new
Mr. LAUSCHE. In other words, if a
legislation to assist in the control of fire-
Illinois law, he indicated his support for
vendor sells a gun and ships it across
arms. Predicated principally on the
S. 1853 the bill sponsored by the dis-
State lines, he has to give information to
premise that it is the misuse and mis-
tinguished Senator from Nebraska [Mr.
the duly constituted law officials of the
users of firearms that must be controlled,
HRUSKA] and illustrated its complement-
fact that the gun will be incoming to that
the Illinois law requires that all persons
ed effect. With the enactment of the
State by interstate commerce?
who purchase or possess any firearm,
Chicago ordinance, the merits of the
Mr. HRUSKA. That is right; as ap-
pellet gun, or ammunition must have an
Hruska approach are even more clear.
plied to handguns, there is a presale in-
identification card issued by the depart-
Under S. 1853, jurisdiction to establish
vestigation. The law-enforcement officers
ment of public safety to do so.
suitable legislation to control firearms
of the place of residence of the would-be
So long as certain clearly stated and
within its borders is retained by the
purchaser are given notice. Then the
reasonable requirements concerning age,
States, while Federal law operates to
law-enforcement officer has 7 days to
criminal record, mental competency, and
complement and extend the effect of
notify the would-be seller that the in-
freedom from narcotics addiction or ha-
whatever restrictions are imposed by
tended purchaser is not eligible to own a
bitual drunkenness are satisfied, an ID
them. The bill would prohibit any dealer
gun under the laws of that municipality
card must be issued within 30 days of
from shipping any firearm in violation of
or State. That enables the local law-
application. The card is valid for all
the State law. It would require a sworn
enforcement officials to enforce the local
future purchases or acquisitions.
statement and notification to local au-
law.
The provision regarding mandatory
thorities before receiving a concealable
Mr. LAUSCHE. What would be ineligi-
issuance was expressly included so as to
firearm through the mail, enabling as-
bility to own a gun?
answer complaints arising under similar
surance that local requirements were
Mr. HRUSKA. If a person is a con-
laws now in effect elsewhere that do not
complied with
victed felon, if he is not of the proper
have such a requirement. In the ab-
Thus the requirements of differing
age, if he does not possess the qualifica-
sence of a mandatory requirement, ex-
jurisdictions can be met, and the wishes
tions imposed on him by the city ordi-
ercise of arbitrary or bureaucratic au-
of the citizens therein given maximum
nance or State law of his residence, he
thority by the licensing officials-usually
effect, free from the diluting effects of
will not be eligible.
in the form of interminable delays and
the weaker laws of other jurisdictions.
Mr. LAUSCHE. What is the argument
unnecessary redtape-has proven to be
Mr. President, the able Senator from
that is made against the proposal of the
a primary and justified source of
Nebraska [Mr. HRUSKA] and other mem-
Senator from Nebraska and the com-
criticism.
bers of the committee have outlined the
mittee?
The Illinois State Legislature adopted
regulatory approach proposed by S. 1853
Mr. HRUSKA. The argument is that
for the State the concept of registering
and S. 1854. In my view, this is a bal-
it would be ineffective. The critics of
the owner rather than the gun itself as a
anced and comprehensive approach to
S. 1853 have no faith in the integrity,
feasible means of controlling the misuse
the firearms regulation problem. It will,
competence, or ability of State or city
of firearms rather than establishing a
by its terms, encourage the States to act.
law-enforcement officers to enforce the
central registration file of all firearms
The fact of its passage alone will elimi-
laws in their jurisdictions.
whose utility is open to question.
nate the cloud that hangs over many
I would have confidence in the com-
On the other hand, the City Council of
State proposals, where action is sus-
petence and integrity of the State,
Chicago felt that additional controls were
pended until the Federal Government-
county, or city police officials who had
needed. This year, the council passed an
in this case the Congress-indicates the
advance information that so-and-so, at
ordinance requiring the registration of
form of the action it will take. Accord-
such-and-such an address, wrongfully
all firearms. The carrying of firearms on
ingly, I commend this approach to my
claims he has a permit issued to him to
or about the person or in a vehicle is
colleagues, and I add the hope that the
own a gun. The officials have 7 days in
prohibited unless the firearms were not
Senate will act favorably on it during
which to notify the seller that the sale
accessible and in a nonfunctioning state.
this session of this Congress.
should not be made.
These restrictions are in addition to, and
I commend the Senator from Nebraska
for his leadership in this matter, and for
I have every confidence that this type
supplement, the State requirement.
The principal reason I bring this to
thinking through a very complex prob-
of enforcement will take place with in-
the attention of the Senate is that, with
lem. I approve and endorse the approach
tegrity, expedition and willingness, be-
the proper Federal controls on interstate
he has taken.
cause it will be heading off trouble.
commerce in firearms, Illinois should
Mr. HRUSKA. Mr. President, I am
Mr. LAUSCHE. How does the Senator
have workable and effective firearms con-
grateful to the Senator from Illinois for
from Nebraska answer the argument that
the contribution he has made to this leg-
this bill is intended to give preferential
trol. Moreover, the sequence of events in
islation.
consideration to the manufacturers of
Illinois provide an excellent example of
Mr. LAUSCHE. Mr. President, will the
guns in selling them indiscriminately to
the proper functioning of State and local
Senator from Nebraska yield?
different citizens in different areas of the
government in the earms control area.
Mr. HRUSKA. I yield.
country?
Each governing authority has acted quite
Mr. HRUSKA. It could not be done un-
properly in exercising its police power:
Mr. LAUSCHE. How does the Senator
the framework of controls deemed ap-
from Nebraska propose to control the
der S. 1853 if the shipment were made in
propriate and desirable by the State
purchase and the acquisition of guns by
interstate commerce. Such a shipment
legislature for the State as a whole has
those who are outside the field of using
would be illegal, and that dealer would
them for legitimate purposes, as contem-
have rendered himself liable to Federal
been enlarged upon and supplemented by
Chicago to satisfy particular and unique
plated by the Constitution and laws?
criminal prosecution under the bill.
local needs.
Mr. HRUSKA. S. 1853 would seek to
Mr. LAUSCHE The bill proposed by
Now Mr. President, from this very brief
control that by controlling the interstate
the Senator from Nebraska states that
outline-and taking Illinois as a specific
shipment of guns. When the gun comes
whenever it is proposed that a gun be
example-an essential requirement of
into a State and is subject to the juris-
sold by a seller across State lines, the
the proper regulatory agencies of govern-
diction of that State, then it is for that
Government officials in the State or com-
ment is clear: Illinois cannot control the
State to take care of the situation and
munity of the recipient of the sale will
be notified?
interstate aspects of firearms procure-
govern. The Sullivan law has been on
ment and traffic. Thus the need for a
the statute books of New York State for
Mr. HRUSK That the order had been
complementing-rather than a preemp-
over 50 years. The city of Philadelphia
placed
tive-Federal law is clear.
has a registration law. Illinois and the
Mr. LAUSCHE. Yes.
The hearings held last year in the
city of Chicago have permit and license
Mr. HRUSKA. The law-enforcement
Subcommittee to Investigate Juvenile
laws. This bill would enable the local law-
officer would have 7 days after the re-
Delinquency of the Senate Committee on
enforcement officers to obtain informa-
ceipt of the information to state that the
Judiciary were greatly enhanced by the
tion on interstate shipments in timely
man intending to purchase was not eli-
Reproduced at Richard Nixon Library and Museum
April 2, 1968
CONGRESSIONAL RECORD - SENATE
S3799
gible and the sale should not be con-
dictatorial governments is filled with that
appointed Mr. MILLER, of California, and
summated.
sort of thing. If the potential dictator
Mr. PETTIS, of Californa, as advisory
Mr. LAUSCHE. I regret to confess this
knows where the guns are and can pick
members of the National Commission on
innocence or ignorance, but what is the
them up, he has it "made," because the
Fire Prevention and Control, on the part
real issue? What is the opposition to the
citizenry of the country would be de-
of the House.
proposal to have the Federal Govern-
prived of guns with which to defend
The message announced that the
ment step in and the advancement of the
themselves.
House had passed, without amendment,
argument that the Federal Government
Mr. LAUSCHE. What is the Senator's
the following bills of the Senate:
should step in?
position with respect to the ability of the
S. 172. An act for the relief of Mrs. Daisy
Mr. HRUSKA. The proposers of S. 1-
people of the United States to protect
G. Merritt; and
amendment 90 say they seek to keep guns
themselves against death and damage
S. 1580. An act for the relief of John W.
out of the hands of the wrong people.
that come from riots, in the open pur-
Rogers.
They say their bill will accomplish this
chasing of guns?
The message also announced that the
by prohibiting all interstate mail-order
Mr. HRUSKA. By "open purchasing of
House had agreed to the report of the
sales to individuals; that the sales will
guns," I take it the Senator means legal
committee of conference on the dis-
be to individuals only over the counter
purchasing of guns. The right of self-
agreeing votes of the two Houses on the
of a licensed dealer. They say this will
defense is still available to citizens, and
amendment of the Senate to the bill
solve the problem.
it is necessary in many parts of the
(H.R. 13042) to amend the act of June
In the first place, it would do no such
country.
20, 1906, and the District of Columbia
thing. In the second place, it would be
Mr. LAUSCHE. The Senator proposes
election law to provide for the election
difficult to enforce, because it would have
to protect against unlawful and danger-
of members of the Board of Education
to be done by Federal officials. The num-
ous use of guns by supplying a State
of the District of Columbia.
ber of officials necessary for that type of
with the information that, for example,
enforcement would be very large and ex-
"X contemplates buying a gun; this is
pensive. Most of all, however, it would
his name; this is his background; if your
ADJOURNMENT
not be effective if past experience is any
law prohibits him from buying, stop
indication of future willingness.
him."
Mr. BYRD of West Virginia. Mr.
The approach of S. 1853 is this: Let us
President, if there be no further business
Mr. HRUSKA. The language would
create a situation where interstate sales
read somewhat as follows:
to come before the Senate, I move that
in guns will be governed by Federal law.
the Senate adjourn until 12 o'clock noon
If your law prohibits him from buying,
When the gun gets into the State where
tomorrow.
notify us and we will not sell it to him.
the prospective purchaser lives, the laws
The motion was agreed to; and (at 5
of that State will take effect, and the en-
Mr. LAUSCHE. I thank the Senator.
o'clock and 40 minutes p.m.) the Senate
forcement will be on a local level.
Mr. HRUSKA. I thank the Senator
adjourned until tomorrow, April 3, 1968,
Obviously, the Sullivan law in New
from Ohio for his contribution and his
at 12 o'clock meridian.
York is different from the law with re-
questions.
spect to ownership of guns in Idaho or
Mr. President, I yield the floor.
Nebraska or Ohio-necessarily so, be-
Mr. BYRD of West Virginia. Mr. Presi-
NOMINATIONS
cause the conditions are different, but
dent, I suggest the absence of a quorum.
that is something for each State to as-
The PRESIDING OFFICER. The clerk
Executive nominations received by the
Senate April 2, 1968:
certain for itself.
will call the roll.
Mr. LAUSCHE. Would the bill urged
The assistant legislative clerk pro-
DIPLOMATIC AND FOREIGN SERVICE
by the Senator from Nebraska make
ceeded to call the roll.
George C. McGhee, of Texas, to be Am-
mandatory the giving of the information
Mr. BYRD of West Virginia. Mr. Presi-
bassador at Large.
to the recipient's government officials of
dent, I ask unaimous consent that the
Henry Cabot Lodge, of Massachusetts, to
be Ambassador Extraordinary and Plenipo-
the fact that X is buying a gun?
order for the quorum call be rescinded.
tentiary of the United States of American to
Mr. HRUSKA. Yes, if he does it by
The PRESIDING OFFICER. Without
the Federal Republic of Germany.
mail order and it pertains to a handgun.
objection, it is so ordered,
However, there is an express prohibition
against requiring the disclosure of the
MESSAGE FROM THE HOUSE
CONFIRMATION
serial number of that gun, because that
could lead to registration of sporting fire-
A message from the House of Repre-
Executive nominations confirmed by
arms, That is a very objectionable con-
sentatives by Mr. Hackney, one of its
the Senate April 2, 1968:
cept, and not even the administration
reading clerks, informed the Senate that,
HEMISFAIR 1968
bill contains that. It is very objectionable
pursuant to the provisions of section 202
Edward Clark, of Texas, to be commissioner
because the history of autocratic and
(b), Public Law 90-259, the Speaker had
for the Federal exhibit at HemisFair 1968.
Reproduced at Richard Nixon Library and Museum
Editorial
PRESERVATION COPY
American Kefternan
Do Americans Really
April 1968
Want New Gun Laws?
18.01
F
OR years, the campaign to clamp rigid fire-
phis, Tenn., have given audiences a chance to ex-
arms controls on the American public has
press themselves by "hot line" telephone on how
been buoyed by polls indicating that much of the
they feel on various proposals to regulate guns.
public wants stronger gun laws. Now there is
The total of persons heard from in the 6
growing reason to wonder how real this "demand"
stations' telephone polls came to well above 25,-
actually is.
000 in 5 fairly scattered States and the District
Musing aloud on a Washington, D.C., tele-
of Columbia. At least 19,000 of these opposed
vision station, the Rev. J. Elliott Corbett, secretary
new gun laws. That figures out at 76% AGAINST
of an incorporated crusade that supports the Ad-
where the Gallup Poll reported almost exactly
ministration-Kennedy concept of firearms restric-
the opposite sentiment, 73% FOR.*
tions, asked rather disconsolately why so few of
While the television sampling did not cover all
the polled multitudes who presumably favor gun
parts of the country, it did include several large
laws take the trouble to write to their Congress-
Eastern cities as well as other areas. Perhaps,
men. One possible answer: People realize in-
also, it attracted more response from citizens who
creasingly that passing a gun law won't do much
believe in the right to bear arms-but, if so, why
to solve the crime problem.
did the rest remain silent if they really want new
As the Rev. Corbett pointed out, 73% of
gun laws?
those questioned in the latest Gallup Poll on
The answer may well be that routine opinion
whether gun buyers should be required to get
surveys sometimes fail to reflect the real public
police permits were reported as replying "Yes."
feeling. After all, several predicted Presidential vic-
That survey was taken last Aug. 20. What wènt
tories for Alf Landon in 1936 and Thomas Dewey
unmentioned was that it showed a distinct de-
in 1948.
crease in public sentiment for gun permits. The
Certain polls adverse to firearms ownership, we
first Gallup Poll on the question, July 12, 1964,
gather, have relied on questioning fewer than 2,000
registered 78% "Yes."
carefully selected persons in the entire nation.
Not only has support as recorded by Gallup
That's less than one in 100,000. Obviously, the
gone down, but opposition to a gun permit
sampling included few if any of the 19,000 who
system has increased from 17% to 23%. Some
responded "No" to gun laws on television.
of the earlier "no opinion" element has formed
The direct conflict in findings between national
an opinion-and they're against police permits.
surveys of "public opinion" and the spontaneous
While the Gallup trend seems to show clearly
telephone responses of the TV stations is mysti-
that more and more Americans don't care to
fying, to say the least. Perhaps some fact-finding
submit their Constitutional right to possess arms
agency ought to look into it.
to the decision of some police officer, the statis-
Meanwhile those who trumpet about the "public
tical theory that the public yearns for tough gun
demand" for severe gun controls might hit a
laws has taken an even worse beating elsewhere.
softer note and recognize that the demand, if there
In recent months, television stations in Wash-
is one, has decreased as fast as people realize that
ington, D.C., Syracuse, N.Y., Dayton, Ohio, St.
the harassment of law-abiding gun owners will not
Paul, Minn., Albuquerque, N. Mex., and Mem-
reduce crime.
(Permission is granted to reprint this
Percent
Number
editorial. THE AMERICAN RIFLEMAN,
Station
Question
Opposed
Opposed
Date
Washington, D. C., April 1968)
KSTP
Should the government control
76
6712
Sept. 14, 1967
St. Paul, Minn.
the sale of guns?
KOB
Should Congress pass gun
77
1155
Sept. 15, 1967
Albuquerque, N. Mex.
registration and control laws?
WMAL
Should Congress enact a strict
62
2655
Sept. 26, 1967
Washington, D. C.
gun control law?
WLWD
Do you favor gun control laws?
69
Unavail-
Oct. 19, 1967
Reprints of this editorial are avail-
able
able to NRA members at $2.50 per
Dayton, Ohio
100 postpaid to one address. Send
WNYS
Is there an immediate need
72.3
2169
Nov. 17, 1967
check made out to NRA to Reprint,
Syracuse, N.Y.
for stricter gun control laws
1600 Rhode Island Ave., N.W.,
in New York State?
Washington, D. C. 20036.
WMCI
Should Congress regulate
79
5952
Jan. 19, 1968
For an article on "Why Anti-Gun
Memphis, Tenn.
firearms?
Polls Are Open to Doubt," see
pages 20-21.
Reproduced at Richard Nixon Library and Museum
COPY
March 6, 1968
CONGRESSIONAL RECORD SENATE
S2261
Rockwell Corp. It will enhance the plane's
ONE HUNDRED BIG WORDS
equipment and at least 35 additional teachers
ability to do air-to-air battle.
"They had Puerto Ricans in that program
who know Spanish.
and she must know at least 100 words of
Is that the answer?
President Johnson also wants $550 mil-
lion for 75 FB-111's which would be used by
Spanish," says principal Nathan Richman.
"Well, last year the State Department asked
the strategic Air Command as it phases out
When her pupils begin, none knows 100
me to estimate the number of Cuban refugees
older versions of the workhouse B-52's. And
words of English. If any did, he would have
I expected in our system," Supt. White said.
he asked $350 million for 30 F-111B's, the
been put in a "regular"-English speaking-
"Giving myself some leeway, I still under-
estimated by several hundred." Which may
Navy version.
class, the principal said.
Other versions of the F-111 are the RF-
Of his 1,450 pupils, 70 percent speak Span-
or may not be the answer.
111A, a reconnaissance craft that will stuff
ish as a first language. Only 20 percent of
Meanwhile, Mrs. Willner is working out her
immediate solution in the first grade.
its weapons bay with photographic equip-
these speak English fiuently as a second. Of
the nearly 70 teachers in the school, two
"By the end of the year, my children are
ment and sensors, and the F-111C being built
for the Royal Australian Air Force. The Brit-
speak Spanish. There are six "Cuban classes"
ready for regular classes," Mrs. Willner said.
"They learn English by them
ish, in an economy move have canceled their
where students speak no English.
How?
order for 50 F-111's.
"We try to assimilate the Spanish-speaking
"Casually,
she
said.
'It
just
comes
NAVY CRITICS
students into our regular classes as quickly
Elements in the Navy argue for a smaller,
as possible, using English almost entirely,"
casually."
A dark-eyed boy who sat on her right
said Mr. Richman.
lighter craft than the F-111.
smiled when she said this. He always smiles
Most of the controversy over the F-111,
The West New York school system did not
when his teacher smiles
which started years ago with the prime con-
choose its predominantly monolingual ap-
tract award, has centered around the Navy
proach as an experiment in speed learning
version, the 111B, that would carry the deadly
It chose it in desperation.
NEED FOR NEW GUN LEGISLATION
West New York's predicament is this.
Phoenix missile system built by Hughes Air-
Within the last four years, this urban-Ameri-
STILL NOT DEMONSTRATED
craft Co.
General Dynamics, after working quietly
can town built upon generations of immi-
Mr. CHURCH. Mr. President, last July,
with its 19 major subcontractors and nearly
grants suddenly found a large Cuban com-
before the Subcommittee on Juvenile
12,000 suppliers for five years, is now begin-
munity in its midst. Many townspeople met
these refugees from communism with the
Delinquency, I attempted to describe
ning to reply to some of the critics. Frank W.
Idaho's overwhelming opposition to Fed-
Davis, president of General Dynamics' Ft.
typical Yankee hospitality shown any new
large groups seeking a haven in the promised
eral gun control legislation,
Worth Division and a former test pilot, tells
land. Some blamed Fidel Castro: "He let them
At that time I said:
Nation's Business:
"If we compare the F-111 wth the best
go." Others blamed the State Department:
I do not claim, by any means, to know all
fighter-bomber in service today, we find it
"Some nut in Foggy Bottom' told them West
the answers to the spread of crime. But let's
New York is a nice place to live."
seek our solutions in reasoned ways, and in
provides twice the range, with twice the
payload, is 20 per cent faster, is 50 per cent
A city official said the Cubans chose West
a manner which gives proper recognition to
shorter on takeoff and landings, and provides
New York so they could pay low rents, be
the fact that the problem in Twin Falls,
eight times better navigational accuracy
near the New York City labor market and
Idaho, is very different from that in Pitts-
"not live with Puerto Ricans or Negroes."
with its inertial navigation system.
burgh.
"As compared to the next best fleet air
And while the Cuban students were ar-
Alabama and Vermont impose little or no
defense system, it provides twice the loiter
riving in West New York with their parents,
restriction on the purchase of firearms. The
(circle in place) with one and one half times
English speaking students were leaving for
proponents of federal controls point to
the missiles. The missiles have three times
the suburbs with theirs.
Alabama, which had the highest homicide
the range. It provides six times as many
Today, at least 40 percent of the town's
rate in the nation in 1965. But opponents of
kills per salvo. It will operate from 500 miles
5,400 public school students are Spanish-
federal controls point to Vermont, which had
greater distance with the same bomb load,
speaking, most of them Cuban refugees.
the lowest. Where is the correlation between
and its approach speed for carrier landings
To say the system was unprepared for b1-
gun laws and existing levels of crime? If
is 15 to 20 knots slower."
lingual education would be like saying Pom-
it exists, I have yet to find it.
peii was unprepared for its volcano. When
Mr. President, a thoroughgoing em-
the lava started coming the Romans grabbed
LIMITED BILINGUAL EDUCATION
their towels and headed for the bay. When
pirical study of legislative regulation of
FUNDS WILL CAUSE HARDSHIP
the Cubans began arriving, West New York
firearms was completed last fall by the
sent a teacher to Hunter College to take two
American Bar Foundation. I quote from
Mr. YARBOROUGH. Mr. President, in
courses in English as a second language. She
the report:
a well-written and interesting article
became their expert.
A fundamental assumption of those who
published in the most recent issue of
Not that West New York didn't try. With
support the drive for stricter regulation of
Education News, Mr. Richard Sapir
its limited budget-school officials had
firearms is the belief that easily available
describes the problems in bilingual edu-
projected a decreased enrollment before the
weapons are a stimulus to crime, and that
Cuban influx-the town eventually gathered
absence of the weapons would significantly
cation faced by the town of West New
York, N.J. Superintendent of Schools
seven teachers proficient in English-Spanish
reduce criminal activity. In our own inquiry.
instruction, converted basements into class-
we have discovered no convincing evidence
John White, reports Mr. Sapir is count-
rooms, opened Saturday classes and estab-
on this question.
ing on receiving a quarter of a million
lished a summer school. For all this, West
dollars a year from the new Bilingual
New York got less than $80,000 in Title I
The report continues:
Education Act. Superintendent White's
money in 1965, about $70,000 in 1966 and
The net effect of the proposed federal law
$60,000 last year.
would be to require those who cannot now
situation is desperate.
But in the face of this need, the ad-
A BIG HELP
obtain weapons in their own communities to
expend a little more effort to acquire them
ministration has requested only $5 mil-
The Catholic schools, according to a priest,
elsewhere.
lion for the Bilingual Education Act-
helped immeasurably: They took the Cubans
although Congress authorized $30 mil-
who could speak English, and the public
It concludes:
lion for fiscal 1969.
schools got everyone else. The school budget
Other factors almost certainly outweigh
rose 10 percent, adding nearly 5 percent to
I request unanimous consent that the
the presence of firearms as a cause of crime.
the town tax rate:
Among the variables which must be con-
article entitled "Yankee Si; Cuban,
Last fall, Supt. of Schools John White pre-
sidered are: population size and density, eco-
Well-A Linguistic Approach,' be printed
pared a five-page "crisis" report for the school
nomic conditions, degree of social, racial, and
in the RECORD.
board. It said classes were overcrowded;
religious homogeneity and community atti-
There being no objection, the article
teachers could not give their full attention
tudes toward crime in general and guns in
was ordered to be printed in the RECORD,
to both English and Spanish-speaking
particular.
as follows:
students, who often had to share the same
class; pupils were not being advanced quickly
American Bar Foundation researchers
YANKEE, Sr; CUBAN, WELL-A LINGUISTIC
as they should; teacher morale was low, and
find evidence for gun laws so wanting
APPROACH
undercurrents of "racial animosity" were
that they are unwilling to take a position
(By Richard Sapir)
running.
on the effectiveness of such laws. They
WEST NEW YORK, N.J.-At the beginning of
It asked the question: Can a small New
conclude that such legislation can be jus-
each semester, Mrs. Sylvia Willner doesn't
Jersey school system absorb a sudden, large
tified only as an "experiment with social
understand her first-grade pupils, They don't
influx of students who don't speak English?
reform."
understand her either. She doesn't speak
One answer may be an ESEA amendment
Mr. President, I have always main-
like their parents. She only knows English.
that President Johnson signed recently pro-
tained that, if individual cities and
Mrs. Willner was assigned to her special
viding 815 million this year, $30 million next
May and 840 million the following year for
States feel a need for experimenting with
"Cuban class" at School 5 because she once
bilingual education programs. Of this, Supt.
gun-control legislation, it is their right to
worked in a New York City anti-poverty
program across the Hudson River.
White hopes to get $250,000 a year for special
do so. But I continue to oppose any Fed-
Reproduced at Richard Nixon Library and Museum
S2262
CONGRESSIONAL RECORD-SENATE
March 6, 1968
eral experiment that would wrap all
concerned with the present situation and
Like the frequency of criminal use of all
States in the same blanket, under a uni-
with proposed solutions. As such, they are
firearms, this is a question that could be
form law.
useful in the framing of questions for more
resolved by careful field research. Unfortu-
The American Bar Foundation report
intensive consideration of the problem.
nately, our inquiry shows that police records
well shows just how little empirical evi-
Because many questions pertinent to in-
do not disclose the type of firearm used or
telligent firearms legislation remain unan-
that the data, if recorded, are accessible only
dence is available, upon which any valid
swered, the Foundation has not undertaken
by a document-by-document search.
case for new Federal controls could be
to draft a model firearms law or laws or
C. Number of guns in circulation
based. It concludes with an appeal for
even to suggest the general form such legis-
further study of the problem, and im-
How many guns are being talked about in
lation might take. Our study does, however,
provements in data-gathering proce-
lead us to the tentative conclusion that reg-
the proposals for control of firearms? Nobody
knows. In fact, it is doubtful if anyone can
dures. I ask unanimous consent that
ulation short of the intensive controls in-
even make a reasonably close estimate. The
Report No. 6, 1967, prepared by the re-
volved, for example, in liquor legislation is
best that can be done is to draw inferences
search staff of the American Bar Founda-
likely to be little more than formality. Of
from certain relevant but inconclusive data
course, it is for a legislature or lobbyist, not
tion, be printed in the RECORD. I com-
a research foundation, to make the value
on the periphery of the question.
mend it highly.
1. Registration. In some of the nation's
judgments inherent in the regulation of fire-
There being no objection, the report
arms. Nevertheless, it does seem clear that
largest cities, ordinances require registra-
tion of firearms. Leonard P. Reisman, Deputy
was ordered to be printed in the RECORD,
no really effective legislation is possible
Commissioner of the New York City Police
as follows:
without major alteration in present social
Department, told the Senate Commerce Com-
and political priorities. For example, to be
RESEARCH CONTRIBUTION OF THE AMERICAN
effective, regulation of firearms would neces-
mittee (January 30, 1964) that in 1963 New
BAR FOUNDATION: FIREARMS AND LEGISLA-
sarily entail a substantial degree of incon-
York City's gun register included 17,000
TIVE REGULATION
venience to hunters, sportsmen, and other
pistols. Statistical reports from the Detroit
I. INTRODUCTION
legitimate users of firearms. No one contests
Police Department show about 3000 licenses
the existence of such inconvenience; oppo-
to purchase firearms issued annually in re-
In 1964 the American Bar Foundation un-
dertook a preliminary inquiry into the crimi-
nents of control contend it is unendurable,
cent years. In Chicago, registration of fire-
arms totaled 4658 in 1964.
nal use of firearms and of legislation designed
while proponents of control argue that it
to control access to firearms. The aims of this
must be tolerated as a necessary concomi-
2. Confiscations. In New York City, Reis-
inquiry were to explore the desirability of
tant of effective regulation.
man informed the Senate, 5461 pistols were
received by the property clerk in 1963; most
more extensive work on the subject and to
II. THE NATURE OF THE PROBLEM
of these were unregistered. In Chicago the
suggest productive patterns for further re-
A. Frequency of use of firearms in crimes
confiscation rate is approximately 100 a week.
search.
There are no comparable and reliable na-
When the number of confiscations is com-
To accomplish these aims information was
sought on the following topics:
tional, state, or municipal statistics on the
pared with the number of registrations, the
number of crimes in which firearms are util-
inference is inescapable that the fraction of
a) A description of the problem itself-the
use of firearms in the commission of crime
ized. Such figures as are available indicate
total firearms represented by registered
that 25 to 50 per cent of the willful homi-
weapons is quite small. Notwithstanding
b) Existing laws regulating firearms
c) The effectiveness of existing laws and
cides are committed with firearms.¹ Similar
their formally strict registration ordinances,
percentages appear to be applicable for other
the Chicago police are able to confiscate in
problems in their enforcement
d) Suggestions for changes in existing laws
crimes that are customarily committed with
a year more illegal weapons than are regis-
and in their administration
the aid of weapons. It must be stressed, how-
tered; the New York police confiscate pistols
Information has been gathered by two
ever, that the sparsity of relevant record
at a rate that would exhaust the number
keeping practices makes it impossible to state
registered in, if the figures are taken at
methods. First, a review of the relevant pro-
visions of the federal and state constitutions
with confidence the frequency of criminal
face value, something like three years. And
use of firearms as distinguished from the
it seems almost certain that the police find
and statutes was made by standard library
techniques. Because most gun regulation 18
use of other deadly weapons such as knives
in any given time interval only a fraction
of the total unregistered weapons in circu-
state law, our inquiry focused there. The
and blunt instruments.
search concerned legislation regulating the
In terms of quantity, the use of firearms in
lation in the community
acquisition, possession, and use of firearms
criminal activities is chiefly an urban prob-
Although it seems indisputable that the
of different types and extended to legislation
lem. Police and prosecutors from cities ex-
registered firearms constitute only a frac-
pressed much more concern with the prob-
tion of the guns actually in circulation in
through July 1, 1966. This material has been
prepared in chart form and appears in Ap-
lem than those from rural areas. It is prob-
any community no matter how restrictive
pendix B. Certain commonly encountered
able that this difference results from the
the regulatory legislation, the unanswered
statutory provisions will be discussed in the
much greater volume and frequency of
question is how big a fraction. We have seen
crimes of all types experienced by enforce-
nothing on which to base even an educated
text. A similar search was performed on state
constitutions; the pertinent sections are set
ment officials in urban areas rather than
guess. Testimony and opinion from knowl-
out in Appendix A and also discussed in the
from a difference in frequency of criminal
edgeable people usually takes the form of
text.
use of firearms in the city compared with
such non-quantitative expressions as "huge,"
Second, information of a factual nature
the country.
"enormous," and "staggering." These evalua-
tions are suggestive though not very infor-
was obtained through personal interview and
B. Types of firearms used in crime
mative.
mail questionnaire from 47 police officials and
It has been generally argued by the pro-
3. Sales. Another clue to the magnitude of
29 public prosecutors. We sought their opin-
ponents of a gun regulation that the hand-
the problem is sales. Here again, records are
ions on how to deal with the problem, the
gun is the type of firearm most often used
unavailable or inadequate-containing only
incidence of firearm use in perpetrating
by the criminal and therefore constitutes the
shreds of information. For example, former
crimes, the effect of easy access upon the use
most serious problem for law enforcement.
Attorney General Katzenbach reported to the
of firearms in committing crimes, the effec-
No dispositive evidence has been discovered
Senate Subcommittee on Juvenile Delin-
tiveness of existing regulations, and the pros-
on this point, but our responses from prose-
quency (May 19, 1965) that one million dan-
pects for success of proposed firearm legisla-
cuting attorneys tend to confirm it. Urban
gerous weapons were sold by mail order alone
tion. In addition, more detailed information
prosecutors were unanimous in the view that
in 1963. How many were sold across the coun-
about one phase of the incidence of criminal
use of firearms in large cities was received
handguns constitute the most serious prob-
ter and in private sales between individuals
lem in terms of frequency of use. Most of
is not known. In addition, large numbers
from a small group of social workers (10)
directly concerned with juvenile gangs.
the rural prosecutors were unable to say
of imported weapons enter the country every
which type of firearms was more often used
year.
The results of the inquiry are set forth in
(they reported low frequencies of crime with
4. Significance of the Large Number of
the balance of this report. However, the re-
any weapon), but some suggested shoulder
Firearms in Circulation. The large but in-
port has certain limitations that should be
weapons were used more frequently than
determinate number of firearms in circula-
emphasized. While the comparative study of
handguns in crimes in the rural areas. Be-
tion produces two reactions among those
statutes and state constitutions is complete
cause most crimes are committed in metro-
considering an extension of regulation. Some
and current, the information about relevant
politan areas, the view of enforcement offi-
say that the number of guns to be registered,
facts and estimates of the effectiveness of
cials in the cities that handguns represent
if a restrictive law were diligently enforced,
existing laws is fragmentary and to an im-
the greatest danger would seem to be the
would be SO large that the administrative
portant extent conjectural. No attempt was
"national" view. Hence, truly reliable infor-
burden on police departments would disable
made to carry out the kind of systematic
mation could be generated only by original-
the program. For example, requests for gun
field research that is necessary for making
and expensive-field studies.
permits already exceed 100 a week in most
more reliable estimates of regulatory effec-
major cities, a total that would be greatly
tiveness. How such information might be
enlarged if resources permitted a program of
obtained is set forth in the section "Sugges-
1 New York City Police Department Press
strict enforcement. Screening of requests for
tions for Further Research." We should em-
Releases, No. 17, Feb. 25, 1963; No. 18, Feb. 29,
permits, if it were done seriously, would re-
phasize that the results of our inquiries do
1964. California Bureau of Criminal Statis-
quire an enormous step-up from present reg-
not constitute scientific sampling and do not
tics, Criminal Homicide in 1960. Also studies
ulatory effort.
represent a consensus. They do, however,
in Baltimore for the year 1960 show that fire-
In Detroit, for example, only one in 75 re-
present a spectrum of opinion from those
arms were used in 36% of the homicide cases.
quests for gun permits presently is denied.
Reproduced at Richard Nixon Library and Museum
March 6, 1968
CONGRESSIONAL RECORD SENATE
S2263
It seems clear that either the screening is
keep and bear arms shall not be infringed."
B. State constitutional provisions
perfunctory, or undesirables are not register-
This constitutional guaranty only invites and
The constitutions of 35 states guarantee
ing weapons, or both. Would the benefits of
does not resolve the essential questions con-
the right to bear arms (see Appendix A).
real efforts to compel registration and to
cerning the validity of federal legislation
Three states exactly reproduce the terms of
screen registrants be worth the price? In
restricting access to firearms. On the very
the Second Amendment; two others repeat
the view of many law enforcement officers,
surface, there are these issues:
its words with additions. (The Second
the price is not too high. They believe that
Is the right dependent upon some connec-
Amendment protects a right to "keep and
even modest additional efforts to control
tion with a militia?
bear arms" greater right than that of
weapons would be worth the effort because of
Does the Second Amendment limit the
merely "bearing arms.") Including those five
their impact on crime.
power of the States?
states that closely or completely follow the
D. Causal relation of guns and crime
How much regulation may be exerted be-
federal provision, there are seventeen states
A fundamental assumption of those who
fore infringement occurs?
that guarantee the right to "keep and bear
support the drive for stricter regulation of
What kinds of weapons are contemplated
arms."
firearms is the belief that easily available
by the term "arms" in the final clause?
While the state constitutional provisions
weapons are a stimulus to crime and that
In addition to questions raised by the
are broadly similar to that of the Second
absence of the weapons would significantly
Second Amendment itself, constitutional ob-
Amendment, there are significant variations.
reduce criminal activity. This assumption
jections could be raised to federal regulation
The right to bear arms is stated as adhering
is much debated at conferences of law en-
of firearms as an interference with the police
to "the people" or "the citizens" in 22 states
forcement officials, in legislative halls, and
powers reserved to the states. Federal inter-
and only in 13 instances to the individual
in the professional journals. In our own in-
vention extending beyond the regulation of
(including Kentucky, which uses the phrase
quiry we have discovered no convincing evi-
interstate shipment of firearms may be con-
"all men"). In no state is the right formu-
dence on the question. However, the opin-
tested on this ground.
lated as one attaching unqualifiedly to indi-
ions of knowledgeable people suggest that
It is not the aim of this report to analyze
viduals; all the guarantee provisions refer
considerable caution be used in hypothesiz-
and interpret the federal Constitution on
in one way or another to the concept of
ing a close causal relation between firearms
these questions. There is an ample if not
defense of self and the state, or the mainte-
and the commission of crimes. In the pub-
consistently rewarding body of literature on
nance of a militia. Rhode Island has what is
lished materials and in our interviews, there
the question.*
probably the broadest provision-"The right
is a respectable body of opinion that legal
of the people to keep and bear arms shall
restraints on weapons have little effect on
9 Literature on the Second Amendment,
not be infringed." Nevertheless, since the
crime and criminals.
regulation of firearms as interference with
word "people" is used, it may be that the
Particularly interesting on this point were
the police powers of the state:
right accrues only to citizens acting in
the replies to our questions of social workers
concert.
"Right To Keep and Bear Arms: A Neces-
dealing with juvenile gangs. Juvenile gang
sary Constitutional Guarantee or an Out-
The right to bear arms is associated with
members, although not representative of the
concepts of self-defense or defense of the
juvenile population, are among the groups at
moded Provision of the Bill of Rights?" 31
state in 28 constitutions. Four of the states
whom restrictive gun legislation is directed.
Albany L. Rev. 74 (Jan. 1967).
C. Bakal, The Right To Bear Arms
use the phrase "common defense," presum-
However, replies from the social workers in-
ably indicating that the right of individual
(McGraw-Hill, 1966).
dicate that firearms are not a particularly
self-defense is not what is contemplated. In
serious problem with their gangs. Guns are
A. T. Mason, "Supreme Court and Federal-
the 12 states the individual right to bear
sometimes used, primarily in planned gang
ism," 44 Tex. L. Rev. 1187 (July 1966)
arms is expressly linked to the individual
fights. In the much more frequently en-
N. G. Rudman, "Incorporation Under the
14th Amendment-The Other Side of the
right of self-defense as well as to the right
countered instances of spontaneous violence,
of defending the state. Two state constitu-
the weapon at hand is the weapon used. Most
Coin," 3L. in Trans. Q 141 (Summer 1966).
tions expressly declare that the right to bear
often, it is not guns that are used but rocks,
R. J. Rohner, "Right To Bear Arms: A
arms shall not justify the organization of
chains, knives, or other sharp instruments.
Phenomenon of Constitutional History," 16
bodies of armed men.
Some social workers expressed the belief that
Catholic U. L. Rev. 53 (Summer 1966).
The experience of Kentucky illustrates the
it is not the weapon which incites violence
P. B. Feller and K. L. Gotling, "Second
reason why some state constitutions reserve
but the reverse: a felt need for violent ac-
Amendment: A Second Look," 61 Nw. U.L.
the right of the legislature to regulate the
tivity produces the stimulus to acquire a
Rev. 46 (March-April 1966). California Leg-
carrying of weapons. The supreme court of
weapon. In the experience of those ques-
islature Assembly and Interim Committee on
that state struck down a law to prevent the
tioned, regulation of firearms, insofar as it
Criminal Procedure and Regulation and Con-
carrying of -concealed weapons as violating
regulates the juveniles, would be of little
trol of Firearms, Sacramento, 1965.
the constitutional provision that "the right
significant effect. When they do use guns,
"Firearms-A Comparative Analysis of
of the citizens to bear arms in defense of
the gang members don't buy weapons-they
Proposed Federal Controls," 15 DePaul L. Rev.
themselves and the state shall not be ques-
"borrow" them, mostly from members of
164 (Autumn-Winter 1965).
tioned." The Kentucky constitution was
their families. Unless society is prepared to
"Firearms Legislation," 18 Vand. L. Rev.
subsequently amended by the addition of
limit severely the availability of firearms to
1362 (June 1965)
these words, "but the general assembly may
the population generally, we cannot look for
J. G. Fletcher, "Corresponding Duty to the
pass laws to prevent persons from carrying
any significant improvement in whatever the
Right of Bearing Arms," 39 Fla. B. J. 167
concealed arms."
firearm problem may be among juvenile
(March 1965)
At present, eight states reserve to their
gangs. Informed opinion indicates that juve-
F. Frankfurter, "Memorandum on 'Incor-
legislatures the right to prevent the carrying
nile gang violence and crime is caused pri-
poration' of the Bill of Rights into the Due
of concealed weapons, and seven reserve the
marily by factors other than easy access to
Process Clause of the 14th Amendment," 78
broader right to regulate the manner of
guns.
Harv. L. Rev. 746 (Feb. 1965)
carrying or bearing arms. In the other states
It does not follow, however, that because
W.J. Brennan, Jr., "Some Aspects of Fed-
laws regulating the carrying of certain kinds
firearms may not cause crimes that their
eralism," 39 N.Y.U. L. Rev. 780 (Summer
of firearms or carrying them under certain
widespread availability does not aggravate
1964)
circumstances have been held valid." Some
criminal conduct when it occurs. If many or
"Federal Regulation of Firearms Sales," 31
courts have held, even in the absence of a
most assaultive crimes, includnig homicide,
U. Chi, L. Rev. 780 (Summer 1964).
specific power reserved by the state constitu-
are committed with the "weapon at hand,"
"Constitutional Law-Was It Intended
then general ready accessibility of guns in-
That the 14th Amendment Incorporate the
ulation of Firearms," report pursuant to pro-
creases the likelihood that guns rather than
Bill of Rights?" 42 N.C. L. Rev. 925 (June
posal 444, sponsored by Senator William J.
other weapons will be used. And it seems
1964)
Connors, Springfield, 1956.
hardly disputable that guns produce more
W. O. Douglas, "Bill of Rights and the Free
Ky. Const, art 10, § 23 (1799) Bliss V.
effective injuries than other weapons-as the
Society: An Individual View," 18 Buffalo L.
Commonwealth 2 Litt. 90, Ky. 90 (1822)
equipment of modern armies attests. If fire-
Rev. 1 (Fall 1963)
Ky. Const. Bill of Rights 51.
arms regulation is seen as a device for crime
W. O. Douglass, "Bill of Rights Is Not
States where right to prevent carrying
control-reduction in the seriousness of
Enough," 38 N.Y.U. L. Rev. 207 (April 1963).
concealed weapons reserved to the legislature:
crime-rather than simply a device for crime
N.Y. State Legislative, Joint Committee
Colorado: Colo. Const. are 2, $ 13. Kentucky:
prevention, the case for regulation is clearly
on Firearms and Ammunition, Report, Al-
Ky. Const. Bill of Rights §1. Louisiana: La.
a strong one. In this perspective, it seems
bany, 1962.
Const. art 7, $ 8. Mississippi: Miss, Const. art
irrelevant that firearms control may not have
"Law Year Symposium on the Bill of
3, $ 12, Missouri: Mo. Const. art 1, $ 23. Mon-
the effect of reducing the number of crimes,
Rights," 48 Women L.J. 8 (Winter 1962).
tana: Mont. Const. art 3, § 13. New Mexico:
if it contributes to reduction in their
"Bill of Rights: A Limitation on the Sev-
N.M. Const, art 2, § 6. North Carolina: N.C.
seriousness.
eral States or the Federal Government?" a
Const, art 1, § 24.
L. Rev. 437 (1960).
States which reserve right to regulate the
III. EXISTING LAWS ON FIREARMS
"Right To Bear Arms-A Study in Judicial
manner of carrying or bearing guns to the
A. The United States Constitution
Misinterpretation," 2 W.&M. L. Rev. 381
legislature: Florida: Fla. Const. Declaration
The Second Amendment to the United
(1960).
of Rights, $ 20. Georgia: Ga. Const. art. 1, 2-
States Constitution protects from infringe-
P. B. Kurland, "Supreme Court and the
122. Idaho: Idaho Const. art 1, 11. Okla-
ment the right to bear arms. "A well regu-
Attrition of State Power," 10 Stan. L. Rev.
homa: Okla. Const. art 2, $ 26. Tennessee:
lated Militia, being necessary to the security
274 (March 1958).
Tenn. art 1, § 26, Texas: Texas Const. art 1,
of a free state, the right of the people to
Illinois Legislative Council, "State Reg-
$ 23. Utah: Utah Const. art 1, $ 6.
Reproduced at Richard Nixon Library and Museum
S2264
CONGRESSIONAL RECORD - SEN
March 6, 1968
tion. that legislatures can subject the right
Considerable variations in the pattern™ and
deter premeditated crime. However, neither
to bear arms to reasonable regulation.'
degree of control are found in the state leg-
the professional nor the amateur is likely
Others have held that "arms" does not in-
islation. The agency exercising the control
to seek to obtain weapons in a way sanc-
clude the type of weapon the questioned en-
also varies: permits and licenses are admin-
tioned by law if it requires bringing himself
actment seeks to regulate.⁷
istered by a city or county police official or
to the attention of a licensing authority.
C. Acts of Congress
sheriff, by a state office of public safety, by
Both would probably seek out illegitimate
The National Fireams Act of 1934, admin-
a judge, a county clerk, a mayor, or a city
sources. In that case, the law would have
istered by the Alcohol and Tobacco Tax Divi-
or county licensing office. A similar variety is
the greatest preventive effect upon the ama-
sion of the Internal Revenue Service, imposes
found in respect to type of weapon regulated.
teur: the professional would probably have
federal regulation on firearms under the tax-
Among the definitions of firearms found in
the contacts to find an illegitimate source;
ing power. A prohibitive tax is placed on the
the statutes are: "firearms with barrel less
the amateur probably would not.
manufacture and transfer of automatic fire-
than eighteen inches" (or other length),
In addition to keeping guns out of the
arms, rifles with barrel length less than 16
"pistol or revolver," "handgun," "conceal-
hands of the man who has already decided
inches, shotguns with barrel length less than
able weapon," and "deadly firearms."
upon his course of crime, advocates of re-
18 inches, sawed-off shotguns, handguns with
While this lack of uniformity in state leg-
strictive gun legislation believe that reducing
shoulder stocks, and silencers or mufflers.
islation presents an obvious problem in
the availability of weapons will remove one
maintaining a strict control in any single
The commerce power has also been the
cause of crime. They hypothesize that the
state, the variety itself suggests different
source of federal control over firearms. The
presence of guns induces the commission of
views among the states of the seriousness of
Federal Firearms Act of 1938 requires II-
premeditated crimes by persons who would
the firearms problem. Three uniform acts
censes (easily and inexpensively obtainable)
have been proposed by the National Con-
lack courage without a firearm. To be effec-
for firearms manufacturers, importers, and
ference of Commissioners on Uniform State
tive, assuming there is validity to the hypoth-
dealers. It also prohibits shipment in inter-
Laws, with very little response from state
esis, legislation designed to diminish this
state commerce of firearms which are sent to
legislatures.10 The likelihood of the adoption
danger would have to restrict severely the
or from convicted felons or fugitives from
of strict uniform state legislation appears
general availability of weapons. Since it is not
justice, firearms which have been stolen, and
highly doubtful.
presently possible to anticipate what types of
firearms which have had the serial numbers
persons might be so induced to commit
obliterated.'
IV. ANALYSIS OF THE FIREARMS PROBLEM AND
crimes, it would be necessary to so restrict
APPROACH TO CONTROL
Postal laws prohibiting the mailing of con-
access to weapons as to severely reduce non-
cealable weapons constitute another source
A. Goals of firearm control
criminal uses of firearms.
of federal control.
The reasons advanced for firearms control
Also to be considered is the likelihood that,
are usually (1) prevention of crime and (2)
if access to guns is eliminated, some persons
D. State legislation
detection of criminals.
will utilize other weapons to carry out pre-
A review of state legislation, through July
Two major:types of crime require separate
mediated crimes. What may be the net result
1, 1966, has been completed and its major
attention when considering the effectiveness
on frequency of premeditated crimes?
provisions are charted in Appendix B. It will
of firearm legislation in preventing crime:
In the passionate crimes, we picture an
be noted that state restrictions on firearms
premeditated crime and the "heat of pas-
individual who, overcome by rage, seizes a
take the forms of positive control on one
sion" crime. ("Premeditated" is used here
firearm ready at hand and shoots his victim.
hand and prohibitions on the other. For ex-
not in its strict legal sense, which includes
In many areas of the United States, guns are
ample, 30 jurisdictions require a license to
an almost instantaneously formed intention
almost instantly available in homes, at hard-
carry a handgun on or about the person; 18
of criminal consequences, but in the popu-
ware stores, sporting goods shops, or gun-
states require a permit to carry a handgun
lar understanding of a deliberately planned
smiths. It is quite possible that a seething
in a vehicle; 22 states require a license to
and executed crime.) Markedly different
rage would sustain some people through the
sell handguns at retail; 9 require a waiting
courses of behavior are involved in these
minimal difficulty of acquiring a weapon
period between purchase and delivery; 19 re-
classes of behavior, and different patterns of
under these conditions. It is quite probable
quire sales to be reported to law enforce-
gun control statutes would seem necessary.
that waiting periods or the red tape of get-
ment officials; New York requires a permit
If gun control pursues the objective of
ting a permit would discourage these people
for simple possession of a handgun, and Ha-
prevention of premeditated crimes, the legis-
from acquiring guns. It does not necessarily
wall requires registration of handguns and
lation must keep guns out of the hands of
follow that the crimes would not be com-
all other firearms regardless of type. Twenty-
both the professional criminal and the occa-
mitted. We do not know how likely it is that
one jurisdictions have laws that prohibit the
sional, determined amateur. The foregone
such persons would turn to another weapon
carrying of a handgun on the person; South
conclusion that 100 per cent effectiveness is
when a gun is not available. Also we do not
Carolina completely prohibits the manufac-
impossible does not warrant abandonment
know how many crimes of passion are com-
ture or sale of handguns. In addition, speci-
of the objective, but it does require a realis-
mitted by people who would have had a
fied classes of persons, described in 43 of the
tic appraisal of the prospective degree of suc-
weapon under any reasonable laws restrict-
statutes, are prohibited from possessing fire-
cess and an evaluation of the methods that
ing sale and possession.
arms, e.g., aliens, felons, minors, drug addicts,
might be employed to achieve given levels
It may be possible to devise very restrictive
mental incompetents.
of effectiveness. Doubtless, severe restric-
legislation that would have a significant pre-
tions on the open market sale of firearms
ventive effect on both types of crime, but it
States where reasonable regulation of
would tend to achieve the desired goal. It
would be extremely difficult to do so while
right to bear arms held valid in absence of
would also cause an underworld market to
also accommodating the views of those who
constitutional authority: Alabama: Jackson
develop. It is possible, however, that a pro-
wish to protect the convenience of legitimate
V. State, 37 Ala. App. 335, 68 So. 2d. 850
gram of strict enforcement could make the
gun users.
(1953). Arkansas: Wilson V. State, 33 Ark.
cost so high and risk so great as to have some
If detection in criminal cases can be mate-
557, 34 Am. R. 52 (1878). California: People
deterrent effect. It must be remembered,
rially aided by strict gun registration, the
V. Ferguson, 129 C.A. 300, 18 P.2d. 741 (1933).
however, that the tight administration and
question of the cost of such improved detec-
Indiana: State V. Mitchell, 3 Black. 229
enforcement of such a law would be very
tion must be considered. Assuming that a
(1833) MacIntyre V. State, 170 Ind. 163, 83
expensive. It might create a drain on avail-
gun has been used in a crime, detection might
N.E. 1005 (1908); Mathews V. State, 237 Ind.
able resources that would make other activ-
be aided by the following gun control prac-
677, 148 N.E. 2d. 334 (1958). Kansas: City of
ities, such as crime detection, less effective.
tices:
Salina V. Claksley, 72 Kan. 230, 83 P. 619
In the case of professionals, the objective
a) If a gun register is maintained, it could
(1905). Michigan: People V. Zerillo, 219 Mich.
would be to make it difficult for a person
be searched to determine whether any of the
635, 189 N.W. 927 (1922); People V. Brown, 253
having known proclivity to crime to obtain
suspects own a gun of the type used.
Mich. 537, 235 N.W. 245 (1931), Ohio: State
firearms. His past activities serve as a warn-
b) If the weapon is found, gun sales rec-
V. Nieto, 101 O.S. 409, 130 N.E. 663 (1920);
ing signal that a weapon in his hands is a
ords could identify the owner.
Akron V. Williams, 113 App. 293, 177 N.E.
danger to the community. With the amateur,
c) If ballistics records are kept on every
2d. 802 (1960). Oregon: State V, Robinson,
no such warning is available, making inef-
gun manufactured, identification from the
217 Ore. 612, 343 P.2d. 886 (1959). Pennsly-
fective any licensing system designed to
bullet could identify the gun and then the
vania: Commonwealth V. Kreps, 25 Dauph.
owner.
335 (1922); Wright V. Commonwealth, 77 Pa.
10 The Uniform Firearms Act (1930) was
Two questions immediately arise. Do we
470 (1875) Washington: State V. Krantz, 24
enacted in Alabama, District of Columbia,
presently have the scientific and managerial
Wash. 2d 350, 164 P.2d. 453 (1945); State V.
Pennsylvania, South Dakota, and Washing-
know-how to implement such programs?
Tully, 198 Wash. 605, 89 P.2d 517 (1939).
ton, and with modifications in California,
And is there enough criminal activity in
of
States where "arms" held not to include
Hawaii, Indiana, New Hampshire, North Da-
which this sort of detection would be val-
certain regulated weapons: Arkansas: Fife V.
kota, and Rhode Island, and superseded in
uable to warrant the very large expenditure
State, 31 Ark. 455, 25 Am. R. 556 (1876)
1940 by the Uniform Pistol Act. The Uniform
of money and time necessary to create and
Pennsylvania: Commonwealth V. Kreps, 25
Machine Gun Act (1932) was enacted in Ar-
maintain the detection machinery? An af-
Dauph. 335 (1922)
kansas, Connecticut, Maryland, Montana,
firmative answer can confidently be given
26 USCA §§ 5801, 5802, 5811-5814 (1955)
Ohio, South Carolina, South Dakota, Vir-
to the first question, but further informa-
(Supp. 1966) June 26, 1934, c. 757, 48 Stat.
ginia, and Wisconsin and withdrawn as ob-
tion would be required in order to make a
1236
solete in 1954. The Uniform Pistol Act (1940)
worthwhile judgment on the second.
15 USCA §§ 901-909 1963) June 30, 1938,
was enacted in New Hampshire and North
c. 850, 52 Stat. 1250.
Assuming that only a law uniform among
Dakota and withdrawn as obsolete in 1959.
the states can be effective, can variations in
Reproduced at Richard Nixon Library and Museum
Column 4 Continued on Page 34, Columne
Senate Chiefs Call for Caution
M
On Johnson Gun Control Plans
ra
A
By JOHN W. FINNEY
the
Special to The New York Times
0
WASHINGTON, June 10- stringent,"
represented
a
ac
t
The Senate leadership took the
"cure-all."
ha
S
pclitical initiative in Congress
The two leaders sounded the
nal
f
away from the White House
negative note in statements on
on
0
today by urging caution to-
the Senate floor only a few
ler
6.
ward stronger gun control le-
hours before the Justice De-
rey
islation proposed by the Ad-
partment sent to Congress the
r
ministration.
Administration's specific pro-
C
f
The Republican leader, Ever-
h
posals for strengthening con-
p
ett McKinley Dirksen of Illi-
trols over sales of firearms.
C
-
nois, rejected Administration
Immediately after the death
ul
proposals for new controls over
of Senator Robert F. Kennedy
n)
the interstate sale of rifles and
of New York last week, Presi-
)
shotguns. He contended, "There
dent Johnson said he would
Ai
ge
48
is enough gun legislation on
16
seek stronger controls on the
ye
the books now."
56
sale of firearms.
a
93
The Democratic leader, Mike
Snl
12
Mansfield of Montana, though
Congress last week com-
ac
50
promising prompt consideration
pleted action on legislation re-
fict
56
of any gun control legislation
stricting the interstate sale of
The
5
submitted by the Administra-
handguns, but the President
flo
0
13
tion, expressed doubt that new
said this was "a halfway meas-
gun laws, "no matter how
Continued on Page 33, Column 3
Co
PRESERVATION COPY
PRESERVATION COPY
THE PERISCOPE
itary intervention, has been missing from his dip-
and, potentially, the entire Middle East-to di-
lomatic post in London since October. He may
rect telecasts from France and from the Soviet
be in Cuba. American officials praise Balaguer's
Union, which also plans to adopt the French
regime, however, and are confident that he can
system. However, there may be static: the
ride out the gathering storm.
French color equipment depends for certain
parts on RCA, whose products are boycotted by
'NEIN' TO NONPROLIFERATION
most Arab countries, including Lebanon, be-
cause of RCA's commercial ties with Israel.
West Germany's most vocal opponent of the
U.S.-U.S.S.R. nuclear-nonproliferation agreement
REVISING THE DRAFT SYSTEM
is Finance Minister (formerly Defense Minis-
ter) Franz Josef Strauss. He maintains that sign-
The White House-along with some notable edu-
ing the proposed treaty would undermine NATO,
cators-is working on changes in the draft rules
the European Common Market, West Germany's
to make them more equitable. It hopes to outline
"equal partnership" with the U.S. and, most im-
the changes by spring, in time to give the gradu-
portant, would deprive West Germany of one of
ate schools time to plan. The colleges are advo-
its most potent bargaining counters for German
cating monthly callups of men of each age
reunification-and thus perpetuate the division of
group in direct proportion to their representa-
Germany. Strauss has made behind-the-scenes
tion in the eligible pool. For example: if 19-
threats to withdraw the support of his Christian
year-olds constitute 25% of all men with 1-A clas-
Socialists if Chancellor Kurt Georg Kiesinger's
sifications, then 19-year-olds will make up 25%
coalition government softens its current position
of each monthly call; if 25-year-olds make up
against the treaty.
10% of the eligible pool, 10% of the monthly
draftees will be 25-year-olds. On university cam-
SOUTH AFRICA'S FRONT LINE
puses, this means that older students-those most
likely to be trying for graduate school-will not
South African paramilitary units-Johannesburg
automatically be called first.
calls them "police"-have been helping white-
dominated Rhodesia stop African nationalist infil-
COMPROMISE GUN LAW IN SIGHT
trators-and now have been spotted in southern
Angola assisting Portuguese forces. The main role
Congress may well pass legislation in this ses-
of the South Africans is to block guerrilla bands
sion curbing gun sales. But it is likely to be a
attempting to cross Angolan territory from Zam-
compromise. Opponents of stringent curbs see
bia into Southwest Africa. South African news-
the President's State of the Union call for "a
men who have gotten wind of the story are pre-
proper gun law" as an Administration backdown.
vented by their government's defense regulations
National Rifle Association lobbyists are ready
from printing it.
to settle for an outright ban on interstate ship-
ment of hand guns and an affidavit requirement
BRITAIN: WEST OF SUEZ
for rifle shipments stating that the purchaser has
conformed to state and local regulations. Note:
One spin-off of Britain's pullback to Europe will
because it has identified itself as the friend of
be the reappearance of Her Majesty's fleet in
the gun owner, NRA membership has risen from
the Mediterranean. Now the fleet consists of but
300,000 to 900,000 in the past three years.
one frigate and a few minesweepers-but within
four years the Royal Navy will have a fleet of
SEX-BOOK ADS: FIT TO PRINT?
commando carriers, missile-firing destroyers, frig-
ates and submarines (including a Polaris sub) in
Dismayed by the volume-and tone-of adver-
Mediterranean waters. Note: the British fleet may
tisements for marriage manuals and other how-
well be able to spell some U.S. ships if the Sixth
to-do-it sex books, The New York Times Book
Fleet is needed elsewhere.
Review recently notified advertising agencies it
will no longer accept such ads. "Since we did not
MIDEAST: PARIS AND MOSCOW CALLING
feel it was possible to discriminate among books
in this category
we established a policy of
France is urging the Lebanese TV network
excluding this advertising entirely," Vincent Red-
(six channels serving 150,000 black-and-white
ding, head of the Times advertising acceptability
sets), to adopt the French Secam transmission
committee, said in a letter to the agencies. The
system when it starts color casts, perhaps later
sex-manual ads, he wrote, "produced an unde-
this year. Such a switch will open Lebanon-
sirable impression for the Book Review."
10
Newsweek, February 5, 1968
Reproduced at Richard Nixon Library and Museum
PRESERVATION COPY
THE NEW YORK
SDAY,
TUNE
1968
Fits where most
Senate Chiefs Call for Caution on Johnson Gun
Continued
From
Page
1,
Col.
The Administration's only provision banning mail order "emotional outburts" in
hope for winning acceptance of revolvers and pistols press for stronger gun cont
ure"
inadequate
to
deal
with
of
its
bill,
in
the
view
of
The
bill
also
outlaws
Senator
Dirksen
said:
washers won't!
observers,
was
to
turn
the
pub-
session
of
any
firearm
by
per
"Let's
start
the
"deadly
commerce"
in
fire-
applying
lic indignation over the as-sons convicted of a felony. we've got. The people who
arms."
sassination of Senator Kennedy mental incompetents, veterans pressuring for more
The proposed legislation into political pressure that with less than an honorable don't know what's in the
New General Electric
would ban the mail order sale would change the views of discharge Americans who have Also refe rring to press
of rifles and shotguns and pro- Senators who have opposed renounced their citizenship and for gun laws, Senator M
hibit This task has now become This provision was originally the American people to en
over-the-counter sales of stronger gun controls. aliens illegally in this country. field said, "It is imperative
Filter-Flo Model,
such firearms to out-of-state more difficult now that both introduced as a last-minute stand that no type of zun
residents. It would also forbid the Democratic and Republican amendment by Senator Russell will prevent murder, and
Compact outside
the sale of rifles and shotguns Senate leaders, even before the B. Long, Democrat of Lousiana, any law passed will not prov
to persons under 18 years of Administration could submit its with the idea that it would be persons who are bent on be
age
proposals, have made clear they modified or removed in House- ing the law from requiring
-BIG inside!
The Administration has pro-
have not altered their opposi- Senate conference.
or weapons of any sort."
tion.
It remained in the legislation
posed basically the same leg-
Both Senator Mansfield and after the bill was accepted by
Favors Registration
islation
in
the
past only to Senator Dirksen took the post- the House without conference, Senator Mansfield said
Designed for PERMANENT
have
it
rejected
by
the
Senate
tion that Congress had made and it is now being cited as an would favor registration
PRESS, WASH 'N WEAR and
and ignored by the House.
good start on gun controls by example of the "tough" gun firearms, but said that this
Delicate Fabrics, too! 3 WASH
The only innovation was a
incorporating into the recently controls in the crime bill "basically state fun
CYCLES! EXCLUSIVE GE
passed crime control bill a Deploring what he called the He also suggested that
INCHES
FILTER-FLO SYSTEM!
revival of a once abandoned
24
And it's only 24 inches wide!
proposal for a ban on the inter-
SLIM
state sale of ammunition. As a
Perfect for small kitchens! Com.
pact
concession to hunters, however,
WASHES
Del.
the proposed legislation would
for
not ban over-the-counter sale
Cycle.
soiled
of ammunition to residents of
14-1bs
Press
Wash 'n Wear! Washing
another state.
System cleans and
In a letter to Speaker John
lint,
fuzz.
Por-
enamel
W. McCormack of Massachu-
tub.
$18995*
There's only OI
basket.
setts submitting the Adminis-
Specially Priced!
tration's bill. Attorney General
Model WT3632D
NO DOWN PAYMENTI
EASY TERMS!
Ramsey Clark said: "Rifles and
to miss the
shotguns have become the
14 mixed fabrics
Retail Price
chosen instruments of slaughter
You
may
us.
your
franchised
GE
dealer.
for snipers and assassins. Any
See
current
and
truly effective firearms legis-
lation simply must cover long
scramble for
ARGUS APPLIANCES INC.
guns as well as handguns.
"Extremely Important'
241 EAST 59th ST.
"We have debated the issue
beyond reason." Mr. Clark said.
urge the Congress to give
EL 5-1572
immediate consideration to this
extremely important legisla-
SCHOOL OF DANCE
tion." He went on:
"There must be action now
before the Congress adjourns.
DALE EVERY
While the time is short before
adjournment, so also is the time
"NEW PUPIL"
short for the country to move
Introductory
to control the principal weapon
Offer!
of crime-the gun.
IN
only
The legislation was submitted
with a minimum of political
10
FULL PRIVATE (1/2 Hr.)
fanfare by the Justice Depart-
DANCE LESSONS
ment. One reason was that up
with your own teacher
until the last minute the
Administration was debating
popular
what new gun curbs should be
2000
proposed to Congress.
Some consideration
was
given to proposing registration
new
pupils
FREE socials included
of all guns. But that proposal
Enjoy
FREE
night
FREE
was laid aside on the grounds
people
that it was too controversial
want
more
fun
out
life
under
to be quickly adopted by Con
Date Club Membership Plan,
Main
Studio
gress.
489 5th Avenue
Not until some three hours
bet.
after the Clark letter had gone
6-9560
to Capitol Hill did the Just
Bronx,
Fordham
Rd.
Brooking
Flatbush
Hompstead,
246
Fulton
tice Department get around to
Parsent
OL
announcing the action. Jus-
Myrtle
Forest Hills,
tice) Department officials ex-
11
to
.
plained the delay was caused
by the "problem of getting
How much for a mail subscription to the
clearances for the press re-
lease.
weekday New York Times? Just $11.10 for
Chances Held Weakened
three months anywhere in the U.S.A. outside
By its delay in submitting
the New York area. It's a wonderful buy for
the legislation to Congress, and
yourself and a thoughtful gift for a friend.
then with a minimum of pub-
To order, send a note with your check to The
licity, the Administration ap-
peared to have weakened its
New York Times Subscription Dept., Times
chances of pushing stronger
Square, New York, N.Y. 10036.
gun controls through an al
ready skeptical Congress.
The call of the cabana set?
Hi Ho Cisca!
tastitulby
We sold
(bar Father's Day naturally)
Aristo
Recorde
We bought m:
to sell of
Pour la poolside
a new low
a la club even for
backyard sunfathers.
2 speeds (3 3/4 and 7½)
0
Digital counter VUmeter
Reproduced at Richard Nixon Library and Museum
(Over)
THE NEW YORK
SDAY
1968
St
Senate Chiefs Call for Caution on Johnson Gun Control Plano
Continued From Page 1, Col. 7
The Administration's only provision banning mail order
"emotional outbur in the serious consideration" should
hope for winning acceptance sales of revolvers and pistols.
press for stronger gun controls, be given to legislation outlaw-
't!
ure"
inadequate
to
deal
with
of its bill, in the view of The bill also outlaws pos-
Senator Dirksen scid:
ing possession of bandguns by
the
"deadly
commerce" in fire- observers, was to turn the pub- session of any firearm by per-
lic
indignation
over
the
as-
sons
convicted
of
a
arms."
sassination of Senator Kennedy mental incompetents, veterans pressuring for people more controls ment officers.
telony,
we've "Let's got start The applying who what everyone except law enforce-
are
The proposed legislation into political pressure that with less than an honorable don't know what's in the bill Bat he insisted:
"You
:ric
would ban the mail order sale would change the views of discharge. Americans who have Also referring to "pressure" can pass all the gun Laws in
of rifles and shotguns and pro- Senators who have opposed renounced their citizenship and for gun laws, Senator Mans- the country and still not pre-
hibit over-the-counter sales of stronger gun controls. aliens illegally in this country. field said. "It is imperative for vent people from getting shot.
del,
such firearms to out-of-state This task has now become This provision was originally the American people to under- Gun laws, no matter how
more difficult now that both introduced as a last-minute tend that no type of zun law stringent, are not the answers
Pray
residents. It would also forbid the Democratic and Republican amendment by Senator Russell will prevent murder. and that and are not a cure-all, and we
ide
the sale of rifles and shotguns Senate leaders, even before the B. Long. Democr of Lousiana, any law passed will not prevent all had better face up to that
to persons under 18 years of Administration could submit its with the idea that it would be persons who are bent on break- fact
Rosemarys
age
proposals, have made clear they modified or removed in House ing the law from acquiring gams
"The answer," Mr. Mansfield
de!
The Administration has pro-
have not altered their opposi- Senate conference
or weapons of any sort."
nuntinued "lies in a sense of
Baby
tion.
It remained in the legislation
posed basically the same leg Both Senator Mansfield and after the bill was accepted by
Favors Registration
responsibility, parental control,
islation in the past only to Senator Dirksen took the post the House without conterence, Senator Mansfield said he improvement of environmental
more and better trained police.
WHY? CALL (212)
NENT
have it rejected by the Senate tion that Congress had made and it is now being cited as an would favor registration of all conditions, obedience of
AR and
the
3 WASH
and ignored by the House good start on gun controls by example of the "tough" gun firearms, but said that this was law. and less protes tien for the
GE
The only innovation was a incorporating into the recently controls in the crime bill "basically state function criminal and more protection
revival of a once abandoned passed crime control bill a Deploring what he called the He also suggested that "mast for the innocent.)
es wide!
proposal for a ban on the inter-
state sale of ammunition. As a
ins! Com.
asher ca-
concession to hunters, however,
flexibility
ung. Del-
the proposed legislation would
not ban over-the-counter sale
cycle for
of ammunition to residents of
'ress and
another state.
In letter to Speaker John
fuzz. Por.
W. McCormack of Massachu-
3995*
setts submitting the Adminis-
There's only one way
tration's bill, Attorney General
ENTI
Ramsey Clark said: "Rifles and
shotguns have become the
to miss the mad
chosen instruments of slaughter
for snipers and assassins. Any
truly effective firearms legis-
NC.
lation simply must cover long
scramble for this.
guns as well as handguns."
'Extremely Important'
"We have debated the issue
beyond reason." Mr. Clark said.
"I urge the Congress to give
immediate consideration to this
extremely important legisla-
tion." He went on:
"There must be action now
before the Congress adjourns.
While the time is short before
adjournment. so also is the time
PIL"
short for the country to move
ory
to control the principal weapon
of crime-the gun.
The legislation was submitted
2 Hr.)
with a minimum of political
fanfare by the Justice Depart-
ment. One reason was that up
er
until the last minute the
Administration was debating
00
what new gun curbs should be
proposed to Congress.
Some consideration was
given to proposing registration
new pupils
of all guns. But that proposal
week.
was laid aside on the grounds
that it was too controversial
under
to be quickly adopted by Con-
gress
Not until some three hours
after the Clark letter had gone
to Capitol Hill did the Just
tice Department get around to
announcing the action. Jus-
tice Department officials ex-
plained the delay was caused
by the "problem of getting
the
clearances" for the press re-
lease.
for
Chances Held Weakened
side
Bv its delay in submitting
for
the legislation to Congress, and
end.
then with a minimum of pub-
licity, the Administration ap-
The
peared to have weakened its
mes
chances of pushing stronger
gun controls through an al-
ready skeptical Congress.
Unitefully
We sold the
Aristo
Recorde
We bought m:
to sell of
Pour la poolside
a new low
a
la
club
even
for
backyard sunfathers.
2 speeds (3 3/4 and 7½)
0
Separate
stands
This
Digital counter VU meter
PRESERVATION COPY
Reproduced at Richard Nixon Library and Museum
for shipers and assassing Any
truly effective Inveations
lation simply must cover long
scramble for
ARGUS APPLIANCES INC.
guns as well as handguns
Extremely Important'
241 EAST 59th ST.
"We have bated the ISSUE
beyond reason." Mr Clark said
"I urge the Congress to give
EL 5-1572
immediate consideration to this
extremely important legisla-
SCHOOL OF DANCE
tion." He went on:
"There must be action now
before the Congress adjourns.
DALE
While the time is short before
adjournment, so also is the time
"NEW PUPIL"
short for the country to move
Introductory
to control the principal weapon
IN
EVERY
Offer!
of crime-the gun.
Limited
The legislation was submitted
10
FULL PRIVATE (1/2 Hr.)
with a minimum of political
fanfare by the Justice Depart-
DANCE LESSONS
ment. One reason was that up
with your own teacher
until the last minute the
Administration was debating
popular dances
what new gun curbs should be
20° new pupils
proposed to Congress.
Some consideration
was
'beginner'
adult
given to proposing registration
FREE socials included
of all guns. But that proposal
Enjoy FREE night club parties, FREE week.
was laid aside on the grounds
end and vacation trips people who
that it was too controversial
life
under
Date Club Membership Plan.
to be quickly adopted by Con-
Main
Studio
gress.
489 5th Avenue
Not until some three hours
bet. Library
YU
after the Clark letter had gone
6-9560
N.Y., 5-7872
to Capitol Hill did the Just
Fromx, 115 Ferdham Rd.
Brookign,
384
Flatbush
Hempitead, 266 Fulton
tice Department get around to
Jamuice, 87-70 Parsent Bid. OL
announcing the action. Jus-
Ridgew Mystle EM 6-0860
Forest Hills, Continental Av 30 3-1764
tice Department officials ex-
11
to
plained the delay was caused
by the "problem of getting
How much for a mail subscription to the
clearances' for the press re-
court
weekday New York Times? Just $11.10 for
lease.
Chances Held Weakened
three months anywhere in the U.S.A. outside
Bv its delay in submitting
the New York area. It's a wonderful buy for
the legislation to Congress, and
yourself
and a thoughtful gift for a friend.
then with a minimum of pub-
To order, send a note with your check to The
licity, the Administration ap-
peared to have weakened its
New York Times Subscription Dept., Times
chances of pushing stronger
Square, New York, N.Y. 10036.
gun controls through an al-
ready skeptical Congress.
The call of the cabana set?
Hi Ho Cisca!
We sold the
(bor Father's Day naturally)
Aristo
Recorde
We bought m:
to sell of
Pour la poolside
a new low
a la club even for
backyard sunfathers.
2 speeds (3 3/4 and 7½)
0
Separate tone
This is the cabana set
Digital counter, VU meter
volume controls
men rave about.
4 track, 7" reel
2 built-in speaker:
Could be because it's
so comfortable.
Or maybe it's the
cool swimmer blend
of rayon and cotton.
And because more
men love the
lusciousness of thick
terry the jacket's
Viceroy Super 8 Zoom
Airequipt 35mm '125
terry lined. Oh
Elec-Eye Reflex Camera
Projector w/Rotary T:
Daddy-cool colors,
With fast f1.8 zoom lens, auto
Semi-automatic. Accepts
too! Mint, gold, blue.
CdS elec-eye, drop-in cartridge
100 slide trays. Brilliant
loading.
watt illum.
S-M-L-XL.$25 -
Fine buy
4995
Value Priced
31
All Stores Open Late Thursday
Charge it-Take Many Months to Pay
Broadstreel's
The World's Largest Camera
&
Dep.
Fifth Ave. at 47th Fifth Ave. at 33rd St.
Madison Ave 53rd 42nd St. Madison Ave.
Chambers (at Bway
willoughby
Rego Park: Queens Blvd 63rd Dr.
Hempstead. L. Fulton Ave.
Huntington, L.I.: Wait Whitman Shopping Center.
West 32nd St. Near Herald Square LO 4.1600
Bay Shore L.I. South Shore Mall
Shop
Thur
Paramus, N. Bergen Mall Manhasset, L. I.
Americana Shopping Center
Instant credit, no money down, months
Also
Uni
Reproduced at Richard Nixon Library and Museum
for shipers and Ans
truly effective threarms
lation simply must COVER long
scramble for this.
guns - well as handguns
Extremely Important
"We have debated the issue
beyond reason." Mr. Tark said
"I urge the Congress to give
immediate consideration to this
extremely important legisla
tion He went on
There must be action now
before the Congress adjourns.
While the time is short before
adjournment, so also is the time
short for the country to move
to control the principal weapon
of crime-the gun.
The legislation was submitted
with a minimum of political
fanfare by the Justice Depart-
ment. One reason was that up
until the last minute the
Administration was debating
0
what new gun curbs should be
proposed to Congress.
Some consideration was
given to proposing registration
of all guns. But that proposal
was laid aside on the grounds
that it was too controversial
to be quickly adopted by Con-
gress.
Not until some three hours
after the Clark letter had gone
to Capitol Hill did the Just
tice Department get around to
announcing the action. Jus-
tice) Department officials ex-
plained the delay was caused
by the "problem of getting
clearances" for the press re-
lease.
Chances Held Weakened
By its delay in submitting
the legislation to Congress, and
then with a minimum of pub-
licity, the Administration ap-
peared to have weakened its
chances of pushing stronger
gun controls through an al-
ready skeptical Congress.
We sold
Aristo
Recordes
We bought m:
to sell at
Pour la poolside
a new low
a la club even for
backyard sunfathers.
2 speeds (3 3/4 and 7½)
0 Separate tone
2 Miles and stands
This is the cabana set
Digital counter, VU meter
volume controls
1. Capaten dure
nen rave about.
4 track, 7" reel
2 built-in speakers
G Input & output jacks
Could be because it's
0 comfortable.
)r maybe it's the
ool swimmer blend
of rayon and cotton.
And because more
nen love the
usciousness of thick
erry the jacket's
Viceroy Super 8 Zoom
erry lined. Oh
Airequipt 35mm '125'
Cavalier 5000 RTL 35mm
Elec-Eye Reflex Camera
Daddy-cool colors,
Projector w/Rotary Tray
Elec-Eye Reflex Camera
With fast f1.8 zoom lens, auto
Semi-automatic. Accepts 36 to
Fast f1.8 auto lens. Thru-the
oo! Mint, gold, blue.
CdS elec-eye, drop-in cartridge
100 slide trays. Brilliant 500
loading.
lens CdS exposure control.
watt illum.
i-M-L-XL.$25
1/1000.
Fine buy
4995
Value Priced
3195
Exclusively ours
14995
All Stores Open Late Thursday.
Charge it-Take Many Months to Pay
Broadstreet's
The World's Largest Camera
Department Store
Fifth Ave. at 47th St. Fifth Ave at 33rd St.
dison Ave. at 53rd 42nd St. & Madison Ave.
Chambers Bway)
Rego Park: Queens Blvd 63rd Dr.
willoughby
peerless
Hempstead L.I. ulton Ave.
intington, Walt Whitman Shopping Center.
110 West 32nd St. Near Herald Square LO 4.1600
Bay Shore, South Shore Mail
43rd St. Lexington MU 7.1000
Shop Daily 9.10.5 Thur 100
Paramus, N.J.: Bergen Mall Manhasset. L.I.
Thur
&
Americana Shopping Center
Instant credit, no money down. months to pay.
Also Unicard! Top trade in allowances.
Reproduced at Richard Nixon Library and Museum
NSJ
PRESERVATION COPY
AL, THURSDAY, JUNE 6, 1968
Domestic Disarmament
Strict Restrictions on Private Guns May Prove Inevitable
By HENRY GEMMILL
18.1
WASHINGTON-It seems reasonable to
pear to be the urban necessities. It becomes
suppose that at some point the U.S. will de-
increasingly difficult to maintain national pol-
cide to undergo domestic disarmament.
icy in the traditions of a vanished era, and
The shooting of Presidential candidate
that applies even to the Constitutional ques-
Robert Kennedy will in itself not bring that to
tion often raised by opponents of gun control.
pass, any more than did the assassination of
"The right of the people to keep and bear
his brother or the slaying of Martin Luther
arms shall not be infringed," says the Second
King. Perhaps the most that can be expected
Amendment to the Constitution. Plain enough,
is that the shock of this event will put fresh
perhaps, except that it is part of a sentence
steam into Congressional action on legislation
stating the need for "a well regulated militia"
that could mildly restrict fresh additions to
-and one can conjecture that the present Su-
the huge armament stocks scattered amongst
preme Court, always willing to interpret the
the populace. The day when most of the guns
antique document as it deems fit for contem-
will actually be grabbed out of their hands is
porary needs, might concur with any law tak-
uncertain and distant-yet its arrival may
ing guns away from folk who are not militia-
prove inevitable.
men. If not, this is a Constitution that can be
During recent years a highly competent
amended once again.
"gun lobby" has been given most of the credit
or blame for fighting off myriad Congres-
Apart from romantic notions and legalisms
sional moves intended to curb the domestic
rooted in the American past, no doubt there
traffic in firearms. Certainly such groups as
are many rational arguments that can, be of-
the National Rifle Association have used the
fered against domestic disarmament. Once
most modern techniques-mass letter-writing
upon a time there was a Constitutional
campaigns and the like-in mobilizing opposi-
amendment that tried to take alcohol away
tion pressure. Nevertheless, the essence of
from the populace; it proved SO unenforceable
the gun-bearers' strength has not resided in
it was revoked. Getting all the guns would un-
these techniques.
questionably pose fantastic problems of en-
It has, on the contrary, represented the
forcement, and at best take years to accom-
vestigial sentiment of a vanishing America-
plish with reasonable success. The dangerous
the thinly populated frontier society. It seems
people-the insane, the conspirators and the
predictable that in an urbanized and crowded
criminals-are hardly the citizens who would
America the gun lobby will in the end, for
quickly comply.
good or ill, find itself overwhelmed-much as
And even if the day came when none but
the equally competent doctors' lobby eventu-
the police had guns, violence would not have
ally was in its fight against medicare. Like
been utterly eliminated. The word "assassin"
civil rights legislation, domestic disarmament
predates firearms; it belonged first to a mur-
is likely to be voted in successive and increas-
derous sect of Moslems and was spread by
ing doses.
Crusaders equipped only with various sharp
Already Evident Tide
and blunt instruments. Such weaponry will re-
main available to the mugger on the dark
The direction of the political tide is al-
street, to the madman who thinks he must
ready evident, even if its ultimate dimensions
"save" the country from its leadership.
remain to be proved. The pollsters discovered
more than a year ago that heavy majorities
More Persuasive Logic?
of the public favored tighter restrictions on
But the pounding events of local and na-
gun ownership. The firearms legislation that
tional news-and one can be sure they will
came alive on Capitol Hill this spring was,
continue to provide fresh terrors-are likely
though modest, the first approved by a
to make the logic of gun control far more per-
Congressional committee in three decades.
suasive. When the man who runs the dry
One could be less confident about a contin-
cleaning establishment is shot down for his
ued pressure for domestic disarmament if it
petty cash, the other shopkeepers down the
resulted solely from the slaughter of national
street would like to try getting rid of those
leaders. Such high tragedy does genuinely
guns.
move and significantly crystallize opinion-
There are really no statistics to demon-
but may well be less basic than the fact that
strate scientifically that more psychotics
great numbers of ordinary people are becom-
exist per 100,000 of population than in 1868.
ing concerned about their own safety.
But there can be no doubt that any single psy-
A sample of this sour taste of fear is avail-
cho can now threaten far more humans than
able right here in this capital city; Washing-
he could a century ago. People are packed in
ton lacked bus service during recent nights
around him, and he-like everyone else-has
because drivers have been terrorized by gun-
become enormously mobile.
slinging bandits who've shown they are will-
It is becoming increasingly clear that if
ing to shoot to kill. The cities are growing,
the pistols and rifles are left readily available
and the statistics on violent crime growing
in urban America, then some unpleasant
even faster. And alongside this constant dan-
changes are going to be made in other Ameri-
ger there stands the growing threat of spo-
can traditions.
radic urban riot with its sniper gunmen.
Any prominent politician and any leader of
Of course there remains an ambivalence
a controversial movement will have to stick
among Americans, largely because the nation
to the TV studio, or hide behind a protection
is not yet totally city-oriented. It is mainly the
squad when he moves in public view. Before
Eastern Senators, like Dodd of Connecticut,
he withdrew from this year's Presidential
who have pushed longest and hardest for gun
contest, it was clear that Lyndon Johnson-
control. A Senator from the open acres of the
whose instinct is to plunge into crowds-could
West is still likely to feel as his ancestors did;
not conduct a normal campaign at all unless
Idaho's Senator Church turned up last sum-
he flagrantly violated the admonishments of
mer with a petition against control from 44,-
the Secret Service men who must be con-
000 constituents.
cerned with the President's safety. Before he
Indeed, the frontier tradition is not yet
was slain, Dr. King fully knew he faced
dead even in the metropolises. The United
death. Before he was shot, Robert Kennedy's
Auto Workers strongly backs gun control leg-
risks were reported repeatedly by the press
islation-and its leaders, in doing so, no doubt
corps traveling with him.
accurately reflect the Detroit workers' revul-
The habits of the ordinary citizen are in
sion against riot and crime. Still, the union's
jeopardy as well. In this capital today hotel
officials say they get plenty of hot protests
rooms are empty as tourists fear to travel.
from the rank and file. Reason: Many a
There are fewer customers in the downtown
member thinks of himself not as the assem-
stores as suburban housewives fear to shop.
bly-line unit which he is for most of the year
So the alternatives to domestic disarma-
but as the male huntsman in quest of prey-
ment are not likely to look appealing. The ug-
which he becomes, briefly, once a year when
liest of all is this: The householder, shopkee-
he shoulders a gun and heads for the Michi-
per or bus driver who fears guns on the loose
gan wilds.
will go get a gun for himself. If one is wrong
Without suggesting that such inner urgings
in Reproduced supposing at Richard will
will easily be quelled, it does seem likely they
disarmament. one may be right about the
will by degrees be subordinated to what ap-
possibility
of
a
yun
NATIONAL
SHOOTING
NATIONAL SHOOTING SPORTS FOUNDATION, INC.
SPORTS
1075 Post Road
.
FOUNDATION
Riverside, Connecticut 06878
INC.
Code: 203 637-3618
TO: OUTDOOR WRITERS AND SPORTSCASTERS.
October 1968
Release at convenience.
Charley Dickey
A LITTLE INCONVENIENCE
Has there ever been an advocate of an anti-gun law who
did not loudly proclaim to the press that his bill would cause
only a little inconvenience to sportsmen?
In fact, certain advocates of gun registration in Washington
have tried to imply that sportsmen are not good citizens because
they won't go along with "a little inconvenience." These advocates
blandly ignore the past precedents of restrictive gun laws and the
fact that arbitrary regulations have generally ended up in restrictions
tougher than the original bill.
New Haven, Connecticut, is an outstanding precedent of why
sportsmen fear police control. According to a recent article by
the Associated Press, "Applicants for pistol permits in New Haven
are required to fill out 21 pages of paperwork stating detailed in-
formation about themselves, despite an opinion from the Attorney
General that such forms are not allowed."
Reproduced at Richard Nixon Library and Museum
NSSF-2 October
The New Haven police chief requires six pages of personal
information, including when and where the applicant intends to
use the weapon, type of weapon, frequency of use, days of the
week, hours of use and other detailed information.
The forms go into great detail about the applicant's citizen-
ship, medical history, military service, educational background,
employment record and his residential history. The forms go on and
on for 21 pages and the applicant had better not make a mistake.
Advocates of registration and licensing always say that
registering a gun is just like getting a driver's license or a
dog license.
A new ordinance introduced, but not yet voted on, in New Haven
would make any non-resident passing through the city a "resident."
Would a hunter driving from New Jersey to Maine to go deer hunting
be in violation if he did not stop and apply for a long gun permit?
How long would it take for an out-of-stater, who was suddenly made
a resident, to stop and get a permit to pass through New Haven?
*
*
*
For 57 years, sportsmen have been "a little inconvenienced in
New York City by the Sullivan law. One of the inconveniences is that
an applicant for a handgun permit has to pay $20.00. If he is re-
fused a permit, as he often is, the money is not returned but goes
into the police pension fund.
According to the President's Commission on Crime in the District
of Columbia, "New York City administers the Sullivan law's licensing
provisions restrictively with the apparent goal of making private
ownership of handguns as uncommon as possible; compliance is made
burdensome and pre-licensing investigations are exhaustive."
Reproduced at Richard Nixon Library and Museum
NSSF-3 October
It is not a simple matter of whether or not a person is
entitled to own a handgun--the application is made burdensome.
The application is indeed made burdensome when the applicant
has to be fingerprinted, photographed, required to fill out numerous
forms and, in some cases, actually take three witnesses to the
police station to have them swear to his good character. It means
two to three days lost from work every year.
When New York City added a rifle and shotgun registration law
several months ago, the advocates and especially the press said it
would be only "a little inconvenience."
It did not work that way. On August 23, the New York Times,
a continuous pusher for national registration and licensing, finally
came to the rescue of the sportsmen in an editorial:
"Unfortunately, the city has not done all that it could to
simplify registration. Form FCB's instructions read as if they were
written by a Faulknerian scholar. A half-dozen pages have to be filled
out, including notarized vouchers, certified checks and photographs.
All this may be helpful for the records, but the paper work is
ridiculously complex. Why should it be more difficult to register
a rifle than an automobile?"
The New York Times had lived with the Sullivan law in its doorway
for 57 years. Yet it wondered why it was more difficult to register
a firearm than an automobile. Sportsmen knew. They had obeyed it
since 1911.
As an upstate New York writer reported, "The television stations
and newspapers in New York City and many of the politicians were
vehement in the demands for local and national registration. But after
legislation is passed, these people are never heard from again when
abuses begin. Whoever heard of these people coming to the rescue of
harassed sportsmen?"
Reproduced at Richard Nixon Library and Museum
NSSF-4 October
Perhaps the New York Times with its editorial has started
a desirable precedent for the metropolitan media. Perhaps some of
the media will follow its lead and defend the sportsmen when they
are harassed with deliberate red tape after a bill is passed.
*
*
*
When the Sullivan law on handgun registration was passed in
1911, the media and politicians said no one wanted to take guns
from the law-abiding citizen and that it would cause the sportsman
only "a little inconvenience. "
Has the arbitrary power of the police in New York City to say
who can and cannot own a handgun dried up the legal private ownership?
The New York City police tell the press that there were 19,206 handgun
permits in 1967. What they do not tell the press is that less than
2,000 of these handgun permits were issued to private citizens not
connected with law enforcement or security.
New York City, with a population of over 8 million, issues less
than 2,000 handgun permits for purposes of recreation or self defense.
With this as the major precedent of registration in America, is it
any wonder that sportsmen fear the same will happen with sporting
rifles and shotguns?
There were no fees to register handguns when the Sullivan law
was first passed. Then a charge of fifty cents was applied and now
it is $20.00. Is it any wonder that sportsmen put no credence in
registration proponents' promises that new registration fees will
be free?
If the holder of a pistol permit in New York dies, his firearms
are immediately confiscated by the police with no compensation to
his estate.
Reproduced at Richard Nixon Library and Museum
NSSF-5 October
The President and the administration have frequently cited
New York's Sullivan law as a model law which should be adopted by
all of the cities and states.
Has the Sullivan law helped curtail crime? From the enactment
of the Sullivan law in 1911 to 1967, the criminal homicide rate in
New York City increased from 3.0 to 9.2 per 100 thousand, or more
than 200 per cent.
In 1966, no licensed firearm was used in the commission of
any criminal homicide, aggravated assault or robbery in New York City.
Advocates of national registration say that one of the reasons
they want to set up a central registration agency is to help sports-
men recover lost or stolen guns. In 1967, 53 firearms were stolen
from New York City license holders. As of June 13, 1968, there was
no record of any of these firearms having been recovered.
Proponents of federal registration say that such a law would
help the police in crime detection. Attorney General Ramsey Clark
repeatedly says the police need this help but the Department of
Justice has never made a study to say how many crimes are cracked
through gun registration--o1 how many cases are not made because
of a lack of registration.
Reports of criminals being arrested after a firearm which they
used in the commission of a crime was traced to them are conspicuously
absent from the annual reports of the New York City Police Department.
A recent search of New York City newspapers reveals no instance
in which the trace of a firearm by serial number was material to the
case presented by the prosecution within the past 15 years. For the
most part, the firearms used in crime were either stolen or obtained
in violation of existing law.
*
*
Reproduced at Richard Nixon Library and Museum
NSSF-6 October
No study has ever shown that criminals register their firearms
before committing crimes with them. In fact, under the U. S. Supreme
Court's Haynes decision of January 29, 1968, the criminal may not
have to register his firearms under certain conditions.
According to one attorney's interpretation of the Haynes
decision, no person who has violated a law in obtaining a firearm
can be compelled to register it, since by so doing he exposes himself
to prosecution.
Lawyers will undoubtedly be arguing a long time about the
decision, but the Chicago gun registration law, passed a few days
after the Supreme Court ruling, included a special provision that
excused from registration any person who had illegally obtained a
firearm.
The criminal cannot be compelled to register but the law-
abiding must, supposedly in order to prevent criminals from using
firearms.
*
*
*
The most complete statistical study ever made on firearms regis-
tration was recently completed by the National Shooting Sports
Foundation after 15 months of research.
"Does Firearms Registration Work?--A Statistical Analysis of New
York State and New York City" was written by Alan S. Krug after ob-
taining basic data from the Federal Bureau of Investigation, the John
Jay College of Criminal Justice Library, the New York City Police De-
partment, the New York Legislature and other sources. All statistics
and data are documented.
Copies of the study are available for 25¢ from: National Shooting
Sports Foundation, 1075 Post Road, Riverside, Conn. 06878.
-30-
Reproduced at Richard Nixon Library and Museum
NATIONAL
gun Control
SHOOTING
NATIONAL SHOOTING SPORTS FOUNDATION, INC.
SPORTS
1075 Post Road
.
Riverside, Connecticut 06878
FOUNDATION
INC.
Code: 203 637-3618
TO: OUTDOOR WRITERS AND SPORTSCASTERS. October 8, 1968
Release at convenience.
Charley Dickey
THE CREDIBILITY GAP
The U. S. Department of Justice report "Firearms Facts"
was released on July 16.
According to the New York Times, the report was first
given to the House Judiciary Committee and Col. John Glenn of
the Emergency Committee for Gun Control. One of the Founders
of this organization has long advocated the abolishment of
all private ownership of firearms; to curtail over-population
of wildlife, he recommends employing government hunters.
The New York Times said the report was the first time
that the Justice Department, = lobbying intensively for a
bill to halt interstate arms sales, had put together all the
available data on firearms in this country."
Reproduced at Richard Nixon Library and Museum
NSSF-2 Oct. 8, 1968
While the report may constitute "intensive lobbying,"
along with the office space the Justice Department gives to
the Emergency Committee, it does not contain "all of the
available data on firearms in this country." To the contrary,
the report is a collection of partial statistics and statistics
pulled out of context, apparently assembled for the primary
purpose of justifying a position already taken.
The U. S. Department of Justice has never made an object-
ive statistical study of the relationship of firearms to crime.
They have, however, pulled a few statistics out of many thou-
sands to imply or "prove" a point.
The Federal Bureau of Investigation is a part of the
U. S. Department of Justice.
J. Edgar Hoover, FBI director, publishes each year "Uni-
form Crime Reports,' a compilation of crime statistics for the
preceding year. This is the single authoritative publication
on state and national crime statistics.
Each year, Hoover has a warning in the foreword about
pulling statistics out of context. It reads, "Since the factors
which cause crime are many and vary from place to place, readers
are cautioned against drawing conclusions from direct comparisons
of crime figures between individual communities without first
considering the factors involved."
Here is the way the U. S. Department of Justice pulls sta-
tistics out of context and releases them to the press:
The Justice Department release of July stated, "Between
1960-1967, 411 law enforcement officers were slain in the per-
formance of their duties. Of these 394 (96%) were killed with
firearms." The implication of Justice is that firearms were
Reproduced at Richard Nixon Library and Museum
NSSF-3 Oct. 8, 1968
responsible for these crimes.
Here is what J. Edgar Hoover actually said in "Uniform
Crime Reports--1967":
"During the 8-year period, 1960-1967, 411 law enforcement
officers have been murdered in the line of duty. A review of
the criminal histories of the 539 offenders involved in these
police murders indicates 77 percent had been arrested on some
criminal charge before becoming involved in the police killings.
In fact, 54 percent of those offenders with a prior criminal
arrest had been previously taken into custody for a violent
crime such as murder, rape, robbery, assault with intent to
kill, etc.
"Among the 539 persons who were involved in these police
killings, 67 percent had prior convictions on criminal charges
and, of this group, two-thirds had been granted leniency in
the form of parole or probation on at least one of these prior
convictions. It is significant to note that three of every
ten of the murderers were on parole or probation when they
murdered a police officer. Thirteen or 2 percent of these
individuals involved in a police killing had been charged on
some prior occasion with an offense of murder.
"During the period 1960 through 1967, these 539 individuals
responsible for police killings had accumulated an average of
almost 5 arrests each during an average criminal career of
10 years."
Does Hoover's statement indicate that there are factors
involved in police homicides other than the existence of firearms?
Reproduced at Richard Nixon Library and Museum
NSSF-4 Oct. 8, 1968
In Hoover's "Summary" of the 1967 crime report, he has this
statement: "If you wish assistance in the interpretation of any
information in this publication, please communicate with the
Director, Federal Bureau of Investigation, U. S. Department of
Justice, Washington, D. C. 20535."
The Justice Department's report on "all" the facts on
firearms says, "States with strong firearms laws tend to have
fewer murders with guns than States with weak firearms laws and
tend to have lower overall murder rates." The report does not
define "strong" or "weak" firearms laws.
Out of 50 states, Justice chose as "strong" states:
Pennsylvania, New Jersey, New York, Massachusetts and Rhode
Island, with an average murder rate of 6.0 per 100,000 of popu-
lation. It compared them with "weak gun law states": Arizona,
Nevada, Texas, Mississippi and Louisiana. Sure enough the
overall murder rate, or an average of 9.1, was higher in these
last five states.
But suppose Justice had chosen as "weak gun law" states:
Iowa, North Dakota, Vermont, Washington and New Hampshire?
These states have an average rate of 1.8, as compared to the
"strong" states' average of 6.0. One might draw just the
opposite conclusion.
The Justice Department release said that "a total of
767,000 people have been killed by firearms misuse between
1900-1966." They break this down into 269,000 firearms homi-
cides, 360,000 suicides by firearms and 138,000 firearms acci-
dents.
Reproduced at Richard Nixon Library and Museum
NSSF-5 Oct. 8, 1968
The Justice Department implies that firearms suicides,
nearly half of the total, could be reduced by gun laws. They
also know that some of the press will use the total figure only,
and that soon this statistic will appear as homicides, as has
happened in the past.
The Justice Department cited as their authority for the
statistics the U. S. Public Health Service. The original
statistics, with several years missing and partial reporting
from the states, was headed "Deaths from Firearms and Explo-
sives
"
When the Justice report came out, it calmly omitted
"and Explosives. "
Justice does not bother to inform the reader that the
"killed by firearms misuse" totals also include not only will-
ful killings but also justifiable homicides, that is, homicides
committed in self-defense, homicides by police officers in the
performance of their duties, and legal executions.
In other words, the Justice report implies that when a
policeman protects himself or justifiably kills a felon in the
performance of his sworn duty, he is misusing firearms.
The Justice report fails to state that the rate per 100,000
population for firearms accidents has steadily declined since
1900. The same is true for homicides with firearms; the rate
has increased with suicides. Naturally the totals have gone up.
The population of the United States has increased from 76,094,134
in 1900 to 195,857,000 in 1966.
The Justice Department report states, "In 1965, of 4,069
Chicago mail order gun purchases from just three dealers in
California, 948 had prior criminal records which would have
Reproduced at Richard Nixon Library and Museum
NSSF-6 Oct. 8, 1968
precluded purchases in that city; thus, one-quarter of the mail
order purchasers had criminal records."
What the Justice report does not say is that it has been
against the law since the Federal Firearms Act of 1938 for a
criminal to obtain any firearm through mail order.
Using the Justice Department's statistics, there were
apparently 948 cases in Chicago where the law was violated. Yet
the U. S. Treasury Department, charged with enforcement of Fed-
eral firearms laws, investigated only 60 cases for the entire
nation in 1965. Justice reports 948 violations in Chicago;
Treasury investigated 60 cases for the nation. What happened
to the known criminals who had violated the law?
Has Justice missed some of the most important statistics?
In Hoover's "Uniform Crime Reports--1965" there were 304 cities
and towns in America, with populations of 25,000 , or more, which
did not report a single willful killing for that year. What
do these cities have going for them? Why has Justice not told
the American press about these cities? As one Washington
reporter wrote, "You would think Justice would have teams of
specialists studying these cities."
The Justice Department has advocated total registration
and licensing, with a national center in Washington, for all
firearms. J. Edgar Hoover, the number one fighter against
federal police powers, advocates registration, but at the
state and city levels.
Is there a credibility gap in Washington? Using Hoover's
definition of serious crime, in 1967 firearms were involved in
Reproduced at Richard Nixon Library and Museum
NSSF-7 Oct. 8, 1968
3.5 per cent of the total serious crimes in America. Why has
Justice made firearms its number one issue?
When Hoover publishes his "Uniform Crime Report" each year
he uses the same introduction. The attorney general does not
use it in his releases. It reads:
"Crime is a social problem and the concern of the entire
community
Some of the conditions which will affect the amount
and type of crime that occurs from place to place are briefly
outlined below:
"Density and size of the community population and the
metropolitan area of which it is a part.
"Composition of the population with reference particularly
to age, sex and race.
"Economic status and mores of the population.
"Relative stability of population, including commuters,
seasonal, and other transient types.
"Climate, including seasonal weather conditions.
"Educational, recreational and religious characteristics.
"Effective strength of the police force.
"Standards governing appointments to the police force.
"Policies of the prosecuting officials and the courts.
"Attitude of the public toward law enforcement problems.
"The administration and investigative efficiency of the local
law enforcement agency, including the degree of adherence to
crime reporting standards."
-30-
Reproduced at Richard Nixon Library and Museum
NATIONAL
gun Control
SHOOTING
NATIONAL SHOOTING SPORTS FOUNDATION, INC.
SPORTS
1075 Post Road
Riverside, Connecticut 06878
FOUNDATION
INC.
Code: 203 637-3618
TO: OUTDOOR EDITORS AND SPORTSCASTERS.
Autumn 1968
Release at convenience.
Charley Dickey
SHORT SHORTS
Both major parties included firearms legislation in their
presidential platform planks for 1968.
The Democrats, under the subtitle "Justice and Law", pledged
to "Promote the passage and enforcement of effective federal, state
and local gun control legislation."
The current administration supports registration and licensing.
Vice President Hubert Humphrey says that he supports national regis-
tration and licensing.
The administration registration bill this year, which did not
pass, would have withheld conservation funds from the states not
passing registration and licensing laws.
The funds which were to have been withheld were under the Pittman-
Robertson Wildlife Restoration Act. In 1937, sportsmen introduced and
supported this bill which placed an 11 per cent excise tax on sporting
arms and ammunition. The money is pro-rated back to the states for
wildlife research, land acquisition and habitat improvement.
Reproduced at Richard Nixon Library and Museum
NSSF-2 Autumn
More than $350 million have been collected and the P-R fund is
the backbone of many conservation efforts. Following the success of
the hunters' tax program, fishermen passed a similar bill in 1947.
In 1965, when President Johnson did away with many excise
taxes, the P-R tax was included in the list of those the administration
wanted to drop. Sportsmen put up a clamor to keep a tax on themselves
and the administration went along with it.
Hunters and shooters have always been proud of the P-R money.
These are the funds the administration threatened to withhold unless
the states passed registration and licensing laws.
Administration spokesmen have frequently stated to the press that
they did not want to do anything to hurt the sportsmen.
The Republican plank, under the subtitle "Crime", pledges,
"Enactment of legislation to control indiscriminate availability of
firearms, safeguarding the right of responsible citizens to collect,
own and use firearms for legitimate purposes, retaining primary re-
sponsibility at the state level, with such federal laws as necessary
to better enable the states to meet their responsibilities. "
*
*
*
On September 12, the press announced that the first case had
been made under the new 1968 gun laws passed by Congress and signed
into law June 19. The charges were made by the U. S. District
Attorney's office in Richmond, Virginia.
This adds up to one gun case made in 12 weeks. The U. S. Attorney
General has implied that gun control is the major crime issue in the
nation.
If the current rate continues, that will mean about four or five
cases a year.
Reproduced at Richard Nixon Library and Museum
NSSF-3 Autumn
In January 1968, the New York Times reported the first
successful federal grand jury indictment on the mail-order clause
of the Federal Firearms Act of 1938. United States Attorney Robert
Morgenthau obtained the indictment against a Nanuet, N. Y. firearms
dealer.
According to the New York Times, "The indictment was described
as the first of its kind in the country against a mail-order
company dealing in firearms." It took 30 years.
*
*
*
With amazing frequency people who draft gun laws include
plans to fire test bullets from every gun and set up a state or
national bullet file.
Besides the enormous cost of such a scheme, there is no
practical system for classifying fired bullets and coding the in-
dividual characteristics as with fingerprints. The characteristics
of a rifled barrel, which imparts the identifying markings to a
bullet, may change through continued use or abuse of the firearm.
A test bullet fired from a firearm at one time can be very different
from a bullet fired from the same gun at a later date.
In addition, in ordinary storage a test bullet can deteriorate
to the extent that its value for comparison purposes is nullified.
The International Association for Identification recently passed
a resolution opposing
"
any law or regulation requiring a mass test
bullet scheme because such a requirement will not aid law enforcement."
Any funds for putting bullets in bottles could be used by law
enforcement agencies in many better ways.
-30-
Reproduced at Richard Nixon Library and Museum
SHOOTING
National
Foundation
SPORTS
CHARLES dickey, director
1075 POST Road
AREA, CODE 203. 637-3618
RIVERSIDE, Conn. 06878
Reproduced at Richard Nixon Library and Museum