To ask the law abiding citizen to accept harsh and restrictive regulations such as these during an increasing national crime wave, while ignoring the criminal who causes it, is too much and for these reasons we protest HR 5384 and trust that your Committee will reject it. ROBERT C. SMITH Jr., President, WASHINGTON ARMS COLLECTORS, INC.. April 3,1967. In opposition to H.R. 5384 Hon. CHAIRMAN AND MEMBERS OF THE HOUSE JUDICIARY SUBCOMMITTEE No. 5, HON. CHAIRMan and MemBERS OF THE SUBCOMMITTEE: It is requested that the following statement in opposition to Bill H.R. 5384 be incorporated into the official record of your subcommittee's hearings: H.R. 5384 is being unalterably opposed by our organization for the reasons enumerated below, which are self-evident and which vitally affect the interests of all gun collectors organizations, all target shooters organizations, all sportsmen-hunters organizations and, in the final analysis, those of the 40 million gunowners in the United States and their families: 1. Firearms laws have no relation to, nor bearing upon, incidence of crime, as exhibited by the New York Sullivan Law, which was enacted in 1911 and during the strictest enforcement of which during prohibition days of the 1920's and 1930's beer runners, in fast cars, shot each other up in all 5 boroughs of the city. In additional confirmation of its ineffectiveness, during the last 6 years, murder and non-negligent manslaughter incidence gradually increased from 50 cases per million of population in 1960 to 78 cases per million of population in 1965. 2. Firearm laws have no effective bearing on keeping firearms out of the hands of undesirables, who obtain them mostly through theft and burglary. 3. Less than half of crimes of violence are committed with firearms (statistics of F. B. I.) and firearm laws are inherently useless with regards to their alleged crime preventative capacity even with reference to that half. 4. Firearm laws through red tape, waste of time and humiliating procedures deprive the law-abiding citizen of means to exercise his common-law right to self defense against an armed criminal, while more than half of the State Constitutions spell out the right of the individual to keep and bear arms in defense of himself and his home, without any reference to militia service. Therefore any infringements (including any and all restrictions, licensing or registrations) are in violation of the majority of State Constitutions. 5. With undermanned police cruising in distant squad cars, the one and only deterrent to an armed criminal, who is also understandably no longer afraid of arrest and courts, is the armed citizen. The hideous murder of the 8 nurses in Chicago would have been prevented if one of them had a gun and used it (the killer had no firearm). The wholesale murder of 13 women in Boston by the “strangler,” over a period of two years, would have been prevented if his first victim had a gun and used it. There are records of thousands of cases during the past 20 years where armed citizens thwarted and prevented crime. Contrary to the assurances of proponents of firearm laws, such laws definitely do disarm the average lawabiding citizen, (we are not referring to a sportsman, who will fight his case in court) and definitely do not disarm the criminal, thereby AIDING, ABETTING and ENCOURAGING CRIME in the "unsafe streets." 6. With specific reference to Federal Firearm Laws, not to mention numerous other features of Bill H.R. 5384, including that of $1000 unconstitutional taxation of revenue producing "license fees", its denial to private citizens of their constitutional property rights of selling personal valuable or rare firearms to other private citizens through interstate shipment, except through "Federal Dealers" at a large loss of value, is in clear violation of the A. Fifth Amendment in depriving them "of property without due process of law", particularly in estate settlements, B. Tenth Amendment in exercising "powers not delegated to the United States by the Constitution" which "are reserved to the States respectively, or to the people" and C. Second Amendment in "infringing" on "the right of the people to keep and bear arms". 7. The only bills aimed directly at the commission of armed crime itself and NOT at firearms of the law-abiding citizens and NOT violating the U.S. Constitution and 70% of the State Constitutions are the Bills of Honorable Bob Casey H.R. 360 and H.R. 6137 and of Honorable Robert L. F. Sikes. These, and only these Bills, do we recommend as deserving your wholehearted approval and enaction into Law. Very truly yours, By direction: WASHINGTON ARMS COLLECTORS, INC. A. A. de CARRIERE, Chairman Legislative Committee. STATE OF WASHINGTON HOUSE JOINT MEMORIAL 30 To the Honorable Lyndon B. Johnson, the President of the United States, the President of the Senate and Speaker of the House of Representatives, and to the Senate and the House of Representatives of the United States, in Congress assembled: We, Your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, most respectfully represent and petition as follows: Whereas, There is pending before Congress, the Dodd Bills, known as S. 1591 and S. 1592, relating to regulation and registration of interstate firearms sales; and Whereas, This legislation, if enacted, could; (1) Deny private citizens their constitutional property rights of selling personal valuable or rare firearms to other private citizens through interstate shipment: (2) force private citizens to sell firearms in interstate commerce only to dealers at a property value loss; and (3) infringe upon the constitutional right of private citizens to keep and bear arms; Now, therefore, Your Memorialists respectfully urge the Congress of the United States to take great caution not to enact any legislation relating to the regulation and registration of interstate firarms sales which would tend to infringe upon the aforementioned constitutional rights of the citizens of the United States. Be it resolved, That copies of this Memorial be transmitted to the Honorable Lyndon B. Johnson, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and to each member of Congress from the State of Washington. [Excerpt from radio address recorded by Senator Allen J. Ellender for broadcast over WWL, New Orleans, May 1, 1965] GUN CONTROL LEGISLATION I am receiving a great deal of mail in reference to the so-called gun-control legislation now pending in the Congress. My mail has been uniformly in opposition to these measures, and I am inclined to share the view that strict, nation-wide gun control regulations are unneeded at this time. It seems to me that this nation has too many legitimate sportsmen who would be affected and hindered by adop tion of legislation aimed at correcting a few isolated abuses, although these abuses often receive a great deal of publicity. Laws are already on the statute books giving the federal government control over illegal interstate shipments of arms and ammunition, and it would seem to me that these laws would be applicable to control the few unscrupulous gun dealers who do most of their business through the mails. These are the sources of many of the abuses, and where they are carrying out activities on the fringe of legality, I believe the necessary and called for action should be taken by the State and Federal authorities. But I do not believe that nation-wide gun-control legislation is either necessary or justified. As I said, its adoption would be inimical to the great multitude of law-abiding sportsment we have-not only in Louisiana, but in all states which still have within their boundaries large areas of open fields, hills, and great quantities of wildlife. April 4, 1967 WABASH VALLEY GUN COLLECTORS ASSOCIATION, INC., Hon. EMANUEL CELLER, Chairman Committee on Judiciary, House of Representatives, Washington, D.C. STATEMENT OF WABASH VALLEY GUN COLLECTORS' ASSOCIATION DEAR MR. CELLER AND MEMBERS OF THE SUB-COMMITTEE No. 5 OF THE HOUSE JUDICIARY COMMITTEE: I am writing to you on behalf of, and as President of the Wabash Valley Gun Collectors' Association. The Wabash Valley Gun Collectors' Association, Inc., is an Illinois Corporation, having a membership of approximately 1,000 persons, which is comprised of gun and arms collectors, hunters and sportsmen, and other individuals interested in guns, arms and related sports and hobbies. These members reside in various states; the majority residing in Eastern Illinois and Western Indiana. On behalf of our organization, I would like to express to your Committee our unanimous opposition to the House Bill (HR 5384), on which your Committee is now holding hearings, and all other similar bills pertaining to gun restriction or regulation in any manner. The reasons why our association opposes these bills are as follows: First, our present National and Federal firearms acts completely cover lawful and unlawful use of firearms. Any further Federal control of firearms is totally unneeded and uncalled for. We recommend honest and strict enforcement of our present laws against all criminals instead of more new complicated gun legislation which would harass the legitimate gun collectors, hunters, target shooters, and sportsmen. Second, to stop the imports of cannon, bazookas, antitank rifles, and machineguns, etc., etc., we have the Mutual Security Act of 1954 which gives the President of the United States authority to stop these imports at any time he sees fit. We recommend that he use this authority instead of asking for more. Third, we are of the opinion that present proposed gun legislation could, and in all probability, would lead to total gun registration restriction and control. It is a matter of historical fact that a disarmed people is a helpless nation and easy prey to an aggressor and criminal. As Brigadier General Rafael Ileto, who leads the 3,000-man Constabulary force fighting the Huk Communists in the Phillipines says: "If you are the only man with a .38 in the barrio that barrio belongs to you." Fourth, we believe the proposed bill, and others similar to it are founded upon the false premise that firearms themselves are the cause of crime and violence. The true fact is that the cause of crime and violence is the criminal person, not the instrument which he chooses to use to carry out his purposes. The criminal is not only more determined and capable of circumventing any gun registration or restriction laws, but is not bothered by the fact that he is not complying with them. The elimination of guns in the hands of the legitimate public merely makes the criminal possessed of a weapon, a more terrible, stronger and fearless lawbreaker. Fifth, the proposed law seeks to prohibit the mailing, shipping or selling of firearms across State lines. This would seriously hamper gun collectors residing, as do many of the members of our organization, in close proximity to a State line from legitimately trading or selling to each other. It is inconceivable that prohibiting Mr. A in Illinois from selling or trading guns with Mr. B in Indiana, who resides 10 miles away; while permitting Mr. A in Illinois to sell or trade with Mr. C in Illinois, who resides 200 miles away, and is unknown to Mr. A, can have any effect in a reduction of a crime rate in America. We sincerely hope and request that you and your Committee will not be influenced by the hysterical and panicky attempts brought about by the recent publicity given the murder of President John F. Kennedy to pass the numerous anti-gun bills. Such bills will have no effect on those who use guns for unlawful acts, and will merely remove the deterrent of possible defense of habitation or person from the mind of the would-be criminal. Yours very truly, GEORGE E. HANCOCK, President. Hon. WILLIAM R. FOLEY, TENNESSEE GUN COLLECTORS ASSOCIATION, INC., House Committee on the Judiciary, April 6, 1967. DEAR SIR: The avowed intent of those who propose strict control of firearms is supposedly to reduce crime by restricting the availability of guns to criminals. yet to condemn the entire nation and restrict the sale of arms to honest persons, in a futile attempt to control the actions of the criminal few, is beyond our comprehension. Experience has proven that strict control of arms or registration, serves only to hinder the average citizen but does nothing to reduce crime. Actually, to disarm the citizen, would benefit the criminal. The Dodd-Celler type bills are wholly unacceptable to us, but we readily admit the mail order sale of arms constitutes a problem, and in an effort to be reasonable on arms legislation, we submit for your consideration the following proposals which WILL reduce the availability of arms to criminals, the underage. and the undesirables, yet will impose nothing greater than a minor inconvenience to the average person. 1. Prior to the sale of a firearm using smokeless powder fixed ammunition (this to exclude antique collectors arms for which ammunition is not readily available), the buyer sign a notarized statement to the effect that he is not a criminal nor a fugitive, of legal age and a citizen of the United States, neither a drug addict nor habitual alcoholic. An additional statement which certifies that the information given is true, under penalty of a mandatory prison sentence and/or fine, and we suggest the sentence be quite stiff. Also, that the purchase if for his personal use and not for resale at least within a period of six months. Along with the statement, a photocopy of his drivers license or Social Security Card, this to establish positive identification and age. Falsifying such a statement would be self-incriminating, particularly as he would be using the mails, and the Postal Laws already cover such conditions or could be amended to do so. Under these provisions, a minor would not order, neither would a person otherwise acceptable, order for another person who is not. The dealer be required to furnish a standard form containing these specifications, obtained if necessary from the Government Printing Office for a nominal fee. The time element, between the application for the form, and the ultimate sale, would constitute a "cooling off" period. For sales in person, the photocopy of the license or SS card would be waived, but the dealer required to record the number of such on the sales invoice, and as under present Federal Firearms Law, retain such records for a minimum ten years. 2. The cheaply made imported pistols have proven a major problem, as almost any hoodlum can afford the low price. We suggest the establishment of a standard of excellence for the manufacture and/or sale of all fixed ammunition firearms, with a minimum for structural material, workmanship, and safety factors. These standards to be under the direction of a nonbiased group, and as the National Rifle Association already has a long experience in reporting on such matters, this would be the logical group to handle such an assignment. Any firearm failing to meet the standards. be prohibited. By eliminating the cheap imported junk, you would automatically eliminate much of the violence rightfully attributed to these pistols. 3. We fully endorse legislation which would provide mandatory sentences for the unlawful use of a firearm. 4. We suggest the present National and Federal Firearms Laws be retained AND ENFORCED. 5. We further suggest that Congress exercise its prerogative to nullify the recent decision of the Supreme Court which restricts the police in obtaining confessions. 6. We deplore the practice of our courts and parole boards which fail to recognize a responsibility to the people and continue to set free habitual criminals to prey on an unsuspecting public. Unless and until these conditions are met, we will have an increase in crime, with or without guns. Respectfully yours, Hon. EMANUEL CELLER, Chairman, Subcommittee No. 5, ROBERT F. HOWLE, President. STATE OF MICHIGAN, DEPARTMENT OF CONSERVATION, Lansing, Mich., April 6, 1967. DEAR REPRESENTATIVE CELLER: In behalf of the Michigan Department of Conservation, I wish to present my views on H.R. 5384, the Administration's gun bill. I am Chairman of the Michigan Conservation Commission. I feel that it is appropriate to point out that Conservation Commissioners have a deep obligation to their hunters to protect them from unreasonable regulations which may prevent them from freely enjoying their sport, but which may completely fail to accomplish the primary purpose of the regulations; i.e., lower the crime rate or protect game supplies. Michigan hunters have done much to deserve the best we are able to do for them. The same is true for those in other states. Hunters have contributed more towards outdoor recreation programs than any other group. Their tax and license dollars have provided many programs of lasting benefit, not only to game, but to the general public as well. I would like to emphasize that this money has been available from no other source and no substitute revenue appears forthcoming in the foreseeable future. Any legislation which inadvertently reduces the sales of sporting arms and ammunition may not only depress license sales, but may also significantly reduce collections of excise taxes which are the source of revenue for the highly important Pittman-Robertson program for wildlife restoration. Since 1955, the taxes on sporting guns and ammunition have yielded an annual average of 14.8 million dollars which is reallocated to the states. The accomplishments of the Pittman-Robertson program are noteworthy. During its first 25 years, 680,000 acres of hunting lands were acquired in the Midwest. Most of this is in areas where public hunting grounds are at a premium. This land has been developed primarily for the hunter, but fishermen fish the impoundments, nature enthusiasts enjoy the wildlife, photographers film the birds, and campers and picnickers enjoy the freedom of the areas. These uses in southern Michigan alone amount to over 500,000 man-days of recreation, and they are increasing annually. The hunter occupies a prominent, and I might add, respected, place in Michigan society. Combined sales of small and big game licenses have totaled over a million since 1950. One out of every five adult males in the state is a deer hunter. One out of every 12 persons hunts deer at least once every five years. Our national position is such that one out of every 13 big game hunters in America is a Michigan deer hunter. The hunters' total contributions to Michigan's resource management and recreation programs amount to over 5 million dollars a year. Surveys show us that the Michigan deer hunter pumps about 30 million dollars into the economy each year. The small game hunter, another 40 million. Nationwide, hunters expend about 1.5 billion on all the things they do in connection with their sport. However, in spite of the popularity of hunting and the considerable sums of money involved, the "loyalty" of many hunters is a fragile thing. It is the fickleness of the "first-day hunter" and the competition from other types of recreation that concern us. There is evidence at hand to warn us that the |