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“(d) Each licensed manufacturer and licensed dealer shall maintain such permanent records of production, importation, shipment, and other disposal of firearms as the Secretary may by regulation prescribe."

Sec. 4. Section 4 of the Federal Firearms Act is amended to read as follows:

"SEC. 4. (a) The provisions of this Act shall not apply with respect to the transportation, shipment, receipt, or importation of any firearms sold or shipped to, or issued for the use of, (1) the United States or any department, independent establishment, or agency thereof; (2) any State, or possession, or the District of Columbia, or any department, independent establishment, agency, or any political subdivision thereof; (3) any duly commissioned officer or agent of the United States, a State, or possession, or the District of Columbia, or any political subdivision thereof; (4) to any bank, public carrier, express, 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; (5) to any research laboratory designated as such by the Secretary; or (6) to the transportation, shipment, or receipt of antique or unserviceable firearms (other than a 'firearm’ as defined in section 5848 (1) of the Internal Revenue Code of 1954) possessed and held as a curio or museum piece.

(b) Nothing contained in this Act shall be 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 delegate, 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. 5. (a) Subsection (b) of section 5 of the Federal Firearms Act is amended by striking out the words “or ammunition."

(b) Subsection (b) of section 5 of said Act is further amended by striking out the words "title 26" where they first appear and inserting in lieu thereof the words "the Internal Revenue Code of 1954", and by striking out the words "section 2733 of title 26" and inserting in lieu thereof the words "section 5848 of said Code."

SEC. 6. The amendments made by this Act shall become effective on the first day of the second month beginning after the date of enactment of this Act.

Sec. 7. The Federal Firearms Act is amended by adding at the end thereof the following new section :

"SEC. 10. Nothing in this Act shall be construed as modifying or affecting the requirements of section 414 of the Mutual Security Act of 1954, as amended, with respect to the manufacture, exportation, and importation of arms, ammunition, and implements of war."

EXHIBIT No. 3

[S. 1180, 89th Cong., 1st sess.) A BILL To amend the Federal Firearms Act to prohibit the importation of a firearm into

the United States without a license

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Firearms Act is amended by renumbering sections 5, 6, 7, 8, and 9 of such Act as sections 6, 7, 8, 9, and 10 and by inserting immediately after section 4 the following new section :

"SEC. 5. (a) (1) It shall be unlawful for any person to import or bring into the United States or any possession thereof any firearm for which a license to import or bring into the United States is required under subsection (b) of this section unless such person has first obtained a license from the Secretary of the Treasury, as provided in such subsection to so import or bring in such firearm.

*12) It shall be unlawful for any person to knowingly receive any firearm which has been imported or brought into the United States or any possession thereof in violation of the provisions of this section.

“(b) Any person desiring to import or bring a firearm into the United States or a possession thereof shall, in addition to complying with all other applicable provisions of law, obtain a license from the Secretary of the Treasury for the importation or bringing in of such firearm. Licenses required under this subsection shall be issued in such form or manner and subject to such conditions as the Secretary of the Treasury shall by regulation prescribe. No license shall be issued under the provisions of this subsection unless it has been established to the satisfaction of the Secretary of the Treasury that the firearm is to be imported or brought in for a lawful purpose, and is adequately identified in such manner that proper records of its importation and disposition may be maintained

“(1) that such firearm is being importer or brought in for scientific or research purposes, or as a sample for a licensed manufacturer or licensed dealer, or is for use in connection with competition or training pursuant to chapter 401 of title 10 of the United States Code, or

"(2) that the firearm to be imported or brought in is particularly designed and intended for target shooting or sporting purposes and is unique or so unusual in design or workmanship that a comparable firearm cannot be obtained in the United States or a possession thereof, or “(3) that the im

or bringing in of such firearm is in the pr interest." SEC. 2. The amendments made by this Act shall become effective on the first day of the second month beginning after the date of enactment of this Act.

EXHIBIT NO. 4

[S. 1965, 89th Cong., 1st sess.)
A BILL To amend the Federal Firearms Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Federal Firearms Act (52 Stat. 1250) is amended to read as follows:

"That as used in this Act—

(1) The term “person' includes an individual, partnership, association, or corporation.

“(2) The term 'interstate or foreign commerce' means commerce between any State or possession (not including the Canal Zone), or the District of Columbia, and any place outside thereof; or between points within the same State or possession (not including the Canal Zone), or the District of Columbia, but through any place outside thereof; or within any possession or the District of Columbia. The term 'State shall be held to include the Commonwealth of Puerto Rico and the District of Columbia.

(3) The term “firearm' means any weapon, by whatsoever name known, which will, or is designed to, or which may be readily converted to, expel a projectile or projectiles by the action of an explosive, the frame or receiver of any such weapon, or any firearm muffler or firearm silencer.

“(4) The term 'handgun' means any pistol or revolver originally designed to be fired by the use of a single hand, and which is designed to fire or capable of firing fixed cartridge ammunitions or any other firearm originally designed to be fired by the use of a single hand or which has an overall length of less than twenty-six inches.

“(5) The term 'manufacturer' means any person engaged in the manufacture or importation of firearms for purposes of sale or distribution; and the term ‘licensed manufacturer' means any such person licensed under the provisions of this Act.

“(6) The term 'dealer' means (a) any person engaged in the business of selling firearms at wholesale or retail; (b) any person engaged in the business of repairing such firearms or of manufacturing or fitting special barrels, stocks, or trigger mechanisms to firearms, or (c) any person who is a pawnbroker. The term "licensed dealer' means any dealer who is licensed under the provisions of this Act.

"(7) The term 'fugitive from justice' means any person who has filed from any State, the District of Columbia, or possession of the United States, (a) to avoid prosecution for a crime punishable by imprisonment for a term exceeding one year; or (b) to avoid giving testimony in any criminal proceeding.

"(8) The term “pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the repayment of money loaned thereon.

“(9) The term 'Secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate.

“(10) The term 'indictment includes an indictment or any information in any court of the United States, the several States, possessions, or the District of Columbia under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

*(11) The term 'crime punishable by imprisonment for a term exceeding one year shall not include any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restaints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate."

Sec. 2. (a) Subsections (a), (b), (d), (e), (g), and (h) of section 2 of the Federal Firearms Act are amended by striking out the words "or ammunition" wherever they appear.

(b) Subsection (d) of section 2 of said Act is amended by striking out the word “Territories".

(e) Subsection (f) of section 2 of said Act is amended to read as follows:

(f) It shall be unlawful for any person who is under indictment or who has been convicted by any court of a crime punishable by imprisonment for a term exceeding one year, or who is a fugitive from justice, to receive any firearm which has been shipped or transported in interstate or foreign commerce.”

(d) Subsection (i) of section 2 of said Act is amended by striking out the words, "and the possession of any such firearm shall be presumptive evidence that such firearm was transported, shipped, or received, as the case may be, by the possessor in violation of this Act.”

(e) Section 2 of said Act is amended by adding at the end thereof the following new subsections :

“(j) It shall be unlawful for any manufacturer or dealer knowingly to de liver, or cause to be delivered, to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed dealers or manufacturers, any package or other container in which there is any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954, without written notice to the carrier that handguns or such firearms are being transported or shipped.

“(k) It shall be unlawful for any common or contract carrier to deliver, or cause to be delivered, in interstate or foreign commerce any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954 to any person with knowledge or with reasonable cause to believe that such person is under eighteen years of age.

"(1) It shall be unlawful for any manufacturer or dealer to ship any fire arm as defined in section 5848(1) of the Internal Revenue Code of 1954 in interstate or foreign commerce to any person other than a licensed manufacturer or licensed dealer or person exhibiting a license as prescribed in subsection (c) of this section.

"(m) It shall be unlawful for any manufacturer or dealer to ship any handgun as defined in this Act in interstate or foreign commerce to any person other than a licensed manufacturer or licensed dealer or person exhibiting a license as prescribed in subsection (c) of this section, unless the person to whom such handgun is to be so shipped has submitted to such manufacturer or dealer a sworn statement in such form and manner as the Secretary shall by regulation prescribe, to the effect that such person (1) is eighteen years or more of age; (2) that he is not a person prohibited by this Act from receiving a handgun in interstate or foreign commerce; and (3) that there are no provisions of law, regulations, or ordinances applicable to the locality to which the handgun will be shipped, which would be violated by such person's receipt or possession of the handgun. Such sworn statement shall contain the true name and address of the principal law enforcement officer of the locality to which the handgun will be shipped. It shall be unlawful unless such manufacturer or dealer has, prior to the shipment of such handgun, forwarded by United States registered mail (return receipt requested) to the local law enforcement officer named in the sworn statement, the description (including (1) manufacturer thereof, (2) the caliber, (3) the model and type of handgun but not including serial number identification) of the handgun to be shipped, and one copy of the sworn statement, and has received a return receipt evidencing delivery of the registered letter or such registered letter has been returned to the manufacturer or dealer due to the refusal of the named law enforcement officer to accept such letter as evidenced in accordance with United States Post Office regulations. It shall be unlawful for any person to cause to be transmitted by United States mail or to cause to be transported in interstate or foreign commerce such a sworn statemen which contains any false statement as to any material fact for the purpose of obtaining a handgun.

SEC. 3. Section 3 of the Federal Firearms Act is amended to read as follows:

“Sec. 3. (a) Any manufacturer or dealer desiring a license to transport, ship, or receive firearms in interstate or foreign commerce shall file an application for such license with the Secretary, in such form and containing such information as the Secretary shall by regulation prescribe. Each such applicant shall be required to pay a fee for obtaining such license as follows:

“(1) If a manufacturer of firearms, a fee of $50 per annum;

"(2) If a dealer (other than a pawnbroker) in firearms, a fee of $10 per annum; or

“(3) If a pawnbroker, a fee of $50 per annum. “(b) Upon filing by a qualified applicant of a proper application and the payment of the prescribed fee, the Secretary shall issue to such applicant the license applied for, which shall, subject to the provisions of this Act, entitle the licensee to transport, ship, and receive firearms in interstate or foreign commerce during the period stated in the license. Except that, no license shall be issued pursuant to this Act (1) to any applicant who is under twenty-one years of age: or (2) to any applicant, if the applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is prohibited by the provisions of this Act from transporting, shipping, or receiving firearms in interstate or foreign commerce.

"(c) The provisions of section 2 (d), (e), and (f) of this Act shall not apply in the case of a licensed manufacturer or licensed dealer who is under indictment for a crime punishable by imprisonment for a term exceeding one year, provided that such manufacturer or dealer gives notice to the Secretary by registered or certified mail of his indictment within thirty days of the date of the indictment. A licensed manufacturer or licensed dealer who has given notice of his indictment to the Secretary, as provided in this subsection, may continue operations pursuant to his existing license during the term of such indictment, and until any conviction pursuant to the indictment becomes final, whereupon be shall be fully subject to all provisions of this Act and operations pursuant to such license shall be discontinued.

"(d) Each licensed manufacturer and licensed dealer shall maintain such permanent records of production, importation, shipment, and other disposal of firearms as the Secretary may by regulation prescribe.”

SEC. 4. Section 4 of the Federal Firearms Act is amended to read as follows:

"SEC. 904. EXEMPTIONS.—(a) The provisions of this Act shall not apply with respect to the transportation, shipment, receipt, or importation of any firearms sold or shipped to, or issued for the use of (1) the United States or any depart. ment, independent establishment, or agency thereof; (2) any State, or possession. or the District of Columbia, or any department, independent establishment, agency, or any political subdivision thereof; (3) any duly commissioned officer or agent of the United States, a State, or possession, or the District of Coluni bia, or any political subdivision thereof; (4) to any bank, public carrier, express, or armored-truck company organized and operating in good faith for the transportation of money and valuables, which is granted an exemption by the Secre tary; (5) to any research laboratory designated as such by the Secretary: or (6) to the transportation, shipment, or receipt of antique or unserviceable fire arms (other than a 'firearm' as defined in section 5848 (1) of the Internal Revenue Code of 1954) possessed and held as a curio or museum piece.

“(b) Nothing contained in this Act shall be 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 delegate, nor to prevent the receipt of transportation of such firearms by their lawful possessors while they are engaged in military training or in competitions."

Sec. 5. (a) Subsection (b) of section 5 of the Federal Firearms Act is amended by striking out the words “or ammunition."

(b) Subsection (b) of section 5 of said Act is further amended by striking out the words "title 26” where they first appear and inserting in lieu thereof the words "the Internal Revenue Code of 19.74", and by striking out the words "section 2733 of title 26" and inserting in lieu thereof the words "section 5849 of said Code."

SEC. 6. The amendments made by this Act shall become effective on the first day of the second month beginning after the date of enactment of this Act.

SEC. 7. The Federal Firearms Act is amended by adding at the end thereof the following new section :

*SEC. 10. Nothing in this Act shall be construed as modifying or affecting the requirements of section 414 of the Mutual Security Act of 1954, as amended, with respect to the manufacture, exportation, and importation of arms, ammunition, and implements of war."

Senator Dodd, Senator Javits, I believe you have a statement. Senator Javits. Senator Fong does not have a statement?

Senator Fong. No; I do not have any statement, Mr. Chairman. I anticipated listening to the testimony that will be presented before the committee.

Senator Javits. Mr. Chairman, then, may I be recognized very briefly?

Senator Dod. Yes, Senator Javits.

Senator Javits. Mr. Chairman, I would like to identify myself with the deep concerns that you have, and pay my tribute to the Chair for his interest in this matter, which has been very definitely a major matter of legislative business of the chairman's.

Even in the State of New York, where we have State laws with relation to the possession of weapons, especially concealed weapons, our police officials, as reflected by the testimony of Lawrence Pierce, the deputy commissioner of police of New York City, who appeared before the subcommittee last year, believe we have a tremendous problem of juvenile arrests for felonies including the possession of weapons, with a substantial proportion of the weapons obtained from outside the State.

Mr. Chairman, I would like to include in the record reference to the facts and figures concerning shipment of weapons into New York by one company.

(The information referred to was marked "Exhibit No. 5" and is as follows:)

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