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Photograph of weapons for sale in Jerry's gunshop, Oceanside, Calif.

In southern California about a year ago, two teenagers started a brush fire-by shooting incendiary shells from their antitank gun. It is such incidents as these which demand the action called for in S. 1592.

While there may be nothing inherently evil in an antitank gun or cannon, we must recognize that this is the 20th century. We must recognize that the demands of a complex society give cannon-firing a low priority. I doubt that any gun fancier could argue seriously that the second amendment protects private citizens who wish to possess cannons, mortars, antitank guns, and antiaircraft weapons.

I think it is a fair statement that the mail-order firearms business and the importation of surplus weapons have compounded law enforce ment's problems which these bills seek to alleviate.

The mail-order business, time and time again, has resulted in guns being delivered to individuals who could not under local laws purchase them. Such persons include juveniles, ex-convicts, and former mental patients.

A good illustration is the case of a young California man with a long record of severe mental illness and violent criminal offenses. His record includes a court judgment and commitment as a criminally insane person. During a year's period he received parts for a Thomp son submachinegun, a tripod and water cooler for a .50-caliber machinegun, accessories for a .30-caliber machinegun, receivers and

frames for two Thompson submachineguns, two "heavy barrels" for machineguns and "miscellaneous" machinegun parts. He had received these at five different addresses in various parts of California. They had been shipped to him from out-of-State companies who had no knowledge of him or his background and who made no attempt to check on these purchases of basic machinegun parts.

When questioned about these parts, he was found to be also in possession of a 45-caliber Thompson submachinegun deactivated by a weld in the barrel. He also had two .45-caliber submachinegun barrels, which could be substituted for the deactivated barrel. In addition, he possessed two cases of .45-caliber ammunition and two automatic Belgian rifles.

S. 1592 would also halt the mail-order traffic in this dangerous weapon called "The Enforcer." And I want to show you, Senator, and members of the committee, one of the most fantastic weapons I have ever seen in my life, and I have been in this business a long time. This weapon is a M-1 carbine in reality, cut down. It is well made, as you can see. It has no legitimate purpose except that it can be carried under your coat in an appropriate sling which need be no more than a sling or piece of rope. It can be completely concealed. I know of only two uses for it. One is robbery, and the other is murder. No peace officer would want a weapon like this.

We have outlawed this in California. We hope with the passage of this bill, it will be outlawed throughout the United States.

Senator DODD. Is this widely advertised?

Mr. LYNCH. This is widely and popularly advertised. And I will say only one favorable thing on behalf of the manufacturer, it is well made, as far as construction goes, it is of beautiful construction.

Senator DODD. I don't know how many of them they have sold, but my guess would be a considerable number, from the rather massive advertising campaign which went on.

Mr. LYNCH. I have here for the benefit of the committee, just to show that this actually is a rifle, a comparative set of photographs showing parts of the genuine M-1 carbine and this gun. Now, this is made from scratch. It is not made from surplus parts. But it is almost an exact duplicate of the M-1. And this folder in which I will show the comparison between the two.

(The photographs referred to were marked "Exhibits Nos. 19 and 20" and are as follows:)

Since, incidentally, this has a barrel of less than 16 inches, it falls under the prohibitions of S. 1592.

Still another matter which could be prevented would be the shipment into California of pocket tear gas weapons, which incidentally are illegal in our State. These weapons are still sold by mail and national advertisements do not indicate their illegality in California. I have here an example of two such weapons. These are the type of things that are being sent into California. They were found by my experts to be ineffective in preventing bodily assault and thus are also conducive to a false sense of security on the part of the owner. They are just a gimmick. But they are dangerous-they are more dangerous in my opinion to the person using them than to the person against whom they are intended to be used.

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Overall Length

Muzzle Velocity

Effective Range:

Barrel Length

375 lbs

5-15 or 30 rounds

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Weight of 100 cartridges

Weight of ball cartridge

193 gr

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RECEIVER: 4140 Certified Forging.

BARREL: Rifling designed specifically for the .30 caliber cartridge, with a 12-12 groove "Shal-Kut" Barrel.

STOCK & HAND GUARDS: Select grain, kiln dried American Walnut. extra high gloss finished, hand rubbed and polished having several additional coats of clear lacquer.

FINISH: Metal parts handsomely blued.

PACKAGING: All metal parts treated with rust preventive and individ ually packed in custom-built box: shipped 6 boxes to master carton. GUARANTEE: The only line of firearms with the famous 3 YEAR uncon ditional guarantee.

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"UNIT PROOF"

Each part checked and assembled by experts, head spaced and gauged throughout, test fired and finally inspected.

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Photograph of advertisement of Universal Firearms Corp. for "The Enforcer"

Similar advertising problems are encountered in the mail-order sales of 8-gage shotguns which are also illegal in our State.

The representative of the Los Angeles Police Department will give you details on our problems with concealable firearms-both mail order and those purchased out of State and then brought into California.

Finally, you might give consideration to including in the bill some prohibition against other devices associated with firearms. In California, sniper scopes are illegal. We had difficulty about a year ago

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Photograph showing comparison of M-1 Carbine versus "The Enforcer".

in controlling the sale of more more than 2,000 infrared sniper scopes which had been obtained by retailers through interstate purchases of surplus military goods.

I do not even have to dwell on the destruction and death that could be caused by a deranged person in possession of a rifle or an antitank gun equipped with an infrared sniper scope.

I endorse S. 1592 because they meet squarely many of the problems I have described as prevalent in California, ranging from heavy armament through sawed-off rifles to small caliber concealable weapons. As I said at the beginning, they also establish welcome guidelines within which each State can work out its own problems.

I urge passage of these measures.

Thank you.

Senator DODD. Thank you, Mr. Attorney General.

As I said a few minutes ago, before you started to testify, I consider you one of the most experienced law enforcement men in the land. And for that reason, your views are of great importance to the subcommittee.

I noted the advertising for the Derringer gun which you were talking about. I think that advertisement is about as offensive as any could be. But it is fairly typical of many of them in that same catalog which you have presented to us. You read part of it, but I think it should be read for the record. Part of the advertising boasts that two of our country's President's were killed with this gun.

Mr. LYNCH. That is correct.

Senator DODD. It goes on to say that the Derringer which killed Lincoln was one of the original Derringer pieces, and the Derringer which killed McKinley was the Remington .41 caliber type.

How can you reckon the effect that this has on juveniles, or the mentally disturbed? It is practically suggesting to them a means or perhaps a plan for an assassination.

Mr. LYNCH. Senator, I could not agree more heartily. And without burdening the record, I might say from my experience that these advertisements are not aimed toward an intelligent person, a legiti mate hunter or sportsman, because he certainly would not be taken in by the type of trash that appears in these pictures and the wording under them. I think these are definitely aimed, as you have described, at the mentally deficient, and at the impressionable juvenile.

And may I just add one other comment. I am appalled and astounded at the type of purchase order that is put out by these various mail-order people. They ask a person to furnish his own certification that he is over 18 years of age, that he is not an alien or an ex-convict. And I think the most ludicrous one I have ever seen was asking a person who could be 14 or 15 to certify that the laws of his city, county, or State do not prohibit him from possessing firearms. If that is the American plan of enforcing the law, I have never heard of it.

Senator DODD. You have a number of mail-order houses in California?

Mr. LYNCH. That is right.

Senator DODD. Is there anything you can do about them as the attorney general of the State?

Mr. LYNCH. All we can do, I can assure you, Senator, is to keep a close watch on their illegal activities of course, let me be the first to say that this is certainly a legitimate enterprise if it is legitimately carried on. And there are many, many people who are handling fine sporting arms and legal guns. We are concerned, very concerned about surplus weapons, the mail-order weapons, and the dangerous weapons and by that I mean those that are dangerous in and of themselves. And we are also concerned with the flow of weapons into the hands of people whose only motto seems to be that they hate their fellow man.

Senator DODD. My point is that there is not really anything you can do about a mail-order house in California except restrict the sales in California?

Mr. LYNCH. We can control, to a large extent, the sale of concealable firearms. Over this, we do have control. But our big problem is that we have absolutely no control of the weapons coming in.

Let me give you a simple example, Senator. An honest citizen in California buying a handgun must go through a certain procedure and this must be registered with my office. And it is just a normal registration procedure. The less honest citizen who does not want to have it a matter of record that he has a gun can go over to Arizona or to Nevada, which in some instances is just going a mile or two, and purchase a gun over-the-counter, without any record either there or in the State of California.

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