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
118567564
label
JGR/Armed Criminal Act of 1984
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
118567564
contentType
document
title
JGR/Armed Criminal Act of 1984
citationUrl
identifierLocal
485
collections
Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
118567564
coverageEndDate
logicalDate
1986-12-31
year
1986
coverageStartDate
logicalDate
1982-01-01
year
1982
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
0b8c9973845ade72
ocrText
Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Armed Criminal Act of 1984
Box: 4
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS Job
SUBJECT:
Enrolled Bill H.R. 6248 --
Armed Criminal Act of 1984
Richard Darman has asked for comments by 5:00 p.m. today on
the above-referenced enrolled bill. As you are aware, the
provisions of this bill have already been enacted into law
as Chapter XVIII of Title II of H.J. Res. 648, the Continuing
Resolution, signed by the President on October 12, 1984
(Public Law 98-473). There is, accordingly, no legal
purpose to be served by signing this bill. Justice recommends
disapproval, contending that signing the bill would create
needless confusion. I suspect vetoing it will also create
needless confusion, and I do not think it matters much
whether the President signs or not. On balance, I suppose
the President should not act gratuitously, and therefore I
agree with the OMB and Justice recommendation of disapproval.
The proposed disapproval memorandum appropriately notes that
the President is declining to approve this bill solely
because it duplicates existing law and is unnecessary.
Attachment
THE WHITE HOUSE
WASHINGTON
October 18, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 6248 --
Armed Criminal Act of 1984
Counsel's Office has reviewed the above-referenced enrolled
bill, and has no legal objection to the Justice and OMB
recommendation that the President withhold his approval. I
also have no objection to the proposed memorandum of disapproval.
This situation is of course bizarre, and frankly it probably
makes no difference whether the President signs this bill or
not.
FFF: JGR:aea 10/18/84
CC: FFFielding/JGRoberts/Subj/Chron
ID #.
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
0 OUTGOING
H INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent:
Richard / Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Ennolled Bill H.R 6248 -Armed
Criminal Act of 1984
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code YY/MM/DD
Celtton
ORIGINATOR
84,0118
/ /
Referral Note:
CUAT 18
D 24/10/8
5 584,10,18
Referral Note:
5:00
/ /
/ /
-
Referral Note:
/
/
/
/
-
Referral Note:
/ /
/ /
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
t - Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B- Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments: Justice Report Attached
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No.
WHITE HOUSE STAFFING MEMORANDUM
DATE: 10/18/84
5:00 p.m. TODAY
ACTION/CONCURRENCE/COMMENT DUE BY:
ENROLLED BILL H.R. 6248 - ARMED CAREER CRIMINAL ACT OF 1984
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
May we have your comments by 5:00 pm TODAY. Thank you.
Approve
Disapprove
Note: If you recommend disapproval, please edit attached statement.
RESPONSE:
Richard G. Darman
Assistant to the President
1984 OCT 18 AM 11: 26
Ext. 2702
PRESIDENT
OFFICE
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF management AND BUDGET
SECURE
STATE
WASHINGTON, D.C. 20503
OCT 18 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 6248 - Armed Career Criminal Act of 1984
Sponsors - Rep. Wyden (D) Oregon and 6 others
Last Day for Action
October 23, 1984 - Tuesday
Purpose
To provide enhanced penalties for certain persons who possess
firearms after three previous convictions for burglaries or
robberies.
Agency Recommendations
Office of Management and Budget
Disapproval (Memorandum of
disapproval attached)
Department of Justice
Department of the Treasury
Disapproval No objection(
Discussion
-- Background and Description of Enrolled Bill
Under current law, it is a Federal criminal offense, punishable
by a fine of up to $10,000 and imprisonment of up to two years,
for a felon convicted in either a United States court or a State
court to receive, possess, or transport firearms. The enrolled
bill, which passed both Houses by voice vote, would enhance the
penalty available under this statute in the case of a person who
has been convicted three previous times in either Federal court
or State court of robbery or burglary. Such a person would be
subject to imprisonment of at least fifteen years and a fine of
up to $25,000. Parole or a suspended sentence would not be
available.
-- Department of Justice Views
The Justice Department recommends disapproval. In its enrolled
bill views letter, Justice notes that provisions identical to
this enrolled bill were included in chapter XVIII of title II of
H.J. Res. 648, the continuing resolution that you approved on
October 12, 1984, (P.L. 98-473). (Title II of H.J. Res. 648
2
generally contained the bulk of the Administration's
"Comprehensive Crime Control Act," in addition to other important
criminal law reforms.) The Department believes that to reenact
language that became law only a few days ago would create
unnecessary confusion. Justice is also concerned that approval
of this bill, which under the circumstances has no practical
significance, would detract from the landmark importance of the
Comprehensive Crime Control Act.
-- Recommendation
I concur in the recommendation of the Justice Department and
recommend that you withhold your approval of H.R. 6248. A
memorandum of disapproval is attached for your consideration.
Davl
David A. Stockman
Director
Enclosures
MEMORANDUM OF DISAPPROVAL
I am withholding my approval from H.R. 6248, the "Armed
Career Criminal Act of 1984."
This legislation would generally enhance the penalties under
existing law applicable to a felon who has been convicted three
times in a United States or State court of robbery or burglary
and who receives, possesses, or transports firearms.
Although I certainly support the aims of H.R. 6248, I note
that identical provisions were contained in the Administration's
"Comprehensive Crime Control Act," which I approved on October
12, 1984, as part of P.L. 98-473. That legislation -- marking
the culmination of much hard work and effort on the part of
members of my Administration and the Congress -- is the most
comprehensive revision of Federal criminal statutes to be enacted
in many years.
Inasmuch as H.R. 6248 merely duplicates existing law, it is
unnecessary. Accordingly, I decline to approve it.
THE WHITE HOUSE
inety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Act
To amend title VII of the Omnibus Crime Control and Safe Streets Act of 1968 to
provide enhanced penalties for certain persons possessing firearms after three
previous convictions for burglaries or robberies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the 'Armed Career Criminal Act of 1984".
SEC. 2. Section 1202(a) of title VII of the Omnibus Crime Control
and Safe Streets Act of 1968 (18 U.S.C. App. 1202(a)) is amended by
adding at the end "In the case of a person who receives, possesses, or
transports in commerce or affecting commerce any firearm and who
has three previous convictions by any court referred to in paragraph
(1) of this subsection for robbery or burglary, or both, such person
shall be fined not more than $25,000 and imprisoned not less than
fifteen years, and, notwithstanding any other provision of law, the
court shall not suspend the sentence of, or grant a probationary
sentence to, such person with respect to the conviction under this
subsection, and such person shall not be eligible for parole with
respect to the sentence imposed under this subsection."
SEC. 3. Section 1202(c) of title VII of the Omnibus Crime Control
and Safe Streets Act of 1968 (18 U.S.C. App. 1202(c)) is amended-
(1) by striking out the period at the end of paragraph (7) and
inserting a semicolon in lieu thereof; and
(2) by adding at the end the following:
"(8) 'robbery' means any felony consisting of the taking of the
property of another from the person or presence of another by
force or violence, or by threatening or placing another person in
fear that any person will imminently be subjected to bodily
injury; and
"(9) 'burglary' means any felony consisting of entering or
remaining surreptitiously within a building that is property of
another with intent to engage in conduct constituting a Federal
or State offense.".
Speaker of the House of Representatives.
Vice President of the United States and
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
1 6 OCT 1984
Honorable David A. Stockman
Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Stockman:
In compliance with your request, I have examined a facsimile
of the enrolled bill, H.R. 6248, "To amend Title VII of the
Omnibus Crime Control and Safe Streets Act of 1968 to provide
enhanced penalties for certain persons possessing firearms after
three previous convictions for burglaries or robberies, and for
other purposes. For the reasons set out below, the Department of
Justice vigorously recommends against Executive approval of this
bill.
In summary, this bill provides enhanced penalties for the
existing offense of posession of a firearm by a convicted felon.
Identical language was included in the Comprehensive Crime Control
Act as Title XVIII of Public Law 98-473 signed by the President on
October 12, 1984. To re-enact language made public law last
Friday would create needless confusion and cause unnecessary
printing expense. Re-enactment could also create the erroneous
impression that this measure is of some practical significance
thereby detracting from the landmark importance of the President's
Comprehensive Crime Control Act of 1984, P.L. 98-473.
By way of a statement of disapproval, it is unnecessary to
say more than that this bill has already been enacted as Title
XVIII of Public Law 98-473. Again, the Department of Justice
recommends against Executive approval of this bill.
Sincerely,
(Signed) Robert A. McConnel|
Robert A. McConnell
Assistant Attorney General
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
October 19, 1984
MEMORANDUM OF DISAPPROVAL
I am withholding my approval from H.R. 6248, the "Armed
Career Criminal Act of 1984."
This legislation would generally enhance the penalties
under existing law applicable to a felon who has been con-
victed three times in a United States or State court of
robbery or burglary and who receives, possesses, or transports
firearms.
Although I certainly support the aims of H.R. 6248,
I note that identical provisions were contained in the
Administration's "Comprehensive Crime Control Act," which I
approved on October 12, 1984, as part of P.L. 98-473. That
legislation - marking the culmination of much hard work and
effort on the part of members of my Administration and the
Congress -- is the most comprehensive revision of Federal
criminal statutes to be enacted in many years.
Inasmuch as H.R. 6248 merely duplicates existing law, it
is unnecessary. Accordingly, I decline to approve it.
THE WHITE HOUSE,
October 19, 1984.
#######