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officers, and after having run a short distance, for some unknown reason he drew a gun, turned and pointed the gun at the officer. The officer drew his gun and fired at the fleeing man, killing him.

And I mention this as an example because this man had no previous police record. From all that we could learn, he was merely afraid to be caught with this gun, and we were not able to determine its

source.

Senator DODD. Wasn't that gun purchased by mail order?

Mr. MILLER. Yes, it was.

Senator DODD. Well, I started to say to you that we are very grateful for the cooperation we received from you and the Chicago Police Department. I think this study was one of the most informative that was undertaken and completed. We are very grateful for the great amount of work which was involved and the care with which it was conducted.

I think it is only fair to say on the record that we have received first-class cooperation from the Chicago Police Department, and from you in particular.

It is a very helpful thing for us, because here we have accurate figures, a real study made on some 4,000 persons who received mailorder guns. Critics of this proposal have been saying that we have not established, cannot establish that there is any connection between the mail-order traffic of firearms and crime in this country. So I think your study pretty well nails that argument. It reveals that at least 25 percent of those who purchased mail-order guns in Chicago had arrest records. I don't know what more people need to know in this country in order to be convinced that we need some remedial legislation. Any questions, Mr. Perian?

Mr. PERIAN. No, Mr. Chairman.

Senator DODD. I want to thank you, Commander. I know you were up all night to get here. It makes us particularly grateful to you. I don't know why they can't give you a couple of days off out there. Are things that bad?

Mr. MILLER. Well, we are awfully busy.

Senator DODD. I know.

Well, thank you very much.

Mr. MILLER. It was my pleasure. I certainly hope we have been of some help.

Senator DODD. You have.

Chief Layton?

We are grateful to you for taking the time to come here. I know how busy all you men in law enforcement work are.

You are an outstanding law enforcement officer. I won't go through your whole background. I think it is pretty well known here, anyway. But I am going to put it in the record.

(The document referred to follows:)

BIOGRAPHICAL SKETCH OF JOHN B. LAYTON, METROPOLITAN POLICE DEPARTMENT

Born in Washington, D.C., on August 7, 1912. Reared in this city.

Attended public schools here, graduating from Business High School in June 1930, after holding office in a number of school activities, including captaincy in the cadet corps. He was a member of the football team and a number of clubs.

Appointed to the Metropolitan Police Department, March 16, 1936.

Assigned to the first precinct as footman, July 1, 1936. Later, transferred to the Detective Bureau, assigned to plainclothes duty in the Public Relations and Special Investigations Squad. During this time assigned to missing persons, subversives and other special investigations.

Promoted to precinct detective on April 8, 1941.

Graduated from Washington Police Academy on July 11, 1942.

On April 1, 1943, promoted to detective sergeant and assigned to Sex Squad. On April 1, 1948, promoted to lieutenant and assigned to command a Special Homicide Squad investigating unsolved murder cases.

On August 16, 1951, after an assignment as commanding officer of the Sex Squad, was promoted to captain and assigned to command the pawn office, supervising the secondhand dealers and the recovery of stolen property in connection with housebreaking and larceny cases.

On March 25, 1952, detailed to the Morals Division to command the Narcotic Squad and at the direction of the Chief of Police, increased the Squad and inaugurated procedures to meet the problem of the narcotic traffic prevalent at that time.

On November 14, 1952, graduated from the 12-week course of training at the FBI National Academy which is operated for the purpose of training police officials of departments throughout the Nation in advanced and scientific procedures.

On September 23, 1953, assigned to command the Gambling and Liquor Squad, Morals Division.

On March 1, 1956, transferred to the first precinct for duty as commanding officer of the precinct, this being the first regular uniform duty since his early days in the department.

April 18, 1957, attended Police Community Relations Institute at Michigan State University.

November 1, 1957, transferred to again command the Gambling and Liquor Squad, Morals Division, and headed investigations of major gambling operations in the District of Columbia during which innovations resulted in the conviction of a number of major operators and resulting in a high percentage of convictions.

December 15, 1957, promoted to the rank of inspector, as second in command of the Morals Division.

March 1, 1960, appointed as special assistant to the Chief of Police to deal primarily with personnel matters and other special investigations as directed by the Chief of Police.

June 19, 1961, promoted to the rank of Deputy Chief of Police.

March 1962, assigned to organize and command an Internal Investigations Unit of the Department, responsible to the Chief of Police.

January 1963, assigned to command the Detective Division.

December 1, 1964, promoted to Chief of Police.

Senator DODD. As I said to Commander Miller, and I can say to you-we have received first-class cooperation from your police department, it has been extremely helpful to us, particularly on this matter of mail-order guns-it has been outstanding.

So we welcome you.

You go right ahead with your statement.

STATEMENT OF JOHN B. LAYTON, CHIEF OF POLICE, METROPOLITAN POLICE DEPARTMENT, WASHINGTON, D.C.

Mr. LAYTON. Thank you, Mr. Chairman, for the invitation to appear before your subcommittee and testify in response to questions presented in your letter of May 13, 1965, with reference to Senate bill S. 1592.

First, regarding the provisions of the bill which would stop mailorder traffic in firearms except between legitimate dealers, we feel that in the District of Columbia this situation is under control as a result of the arrangements made between the Railway Express

Agency, the U.S. attorney's office and the Metropolitan Police Department. This procedure has been in effect since early 1962 and is as follows:

When a firearm is received by the Railway Express Agency, the recipient is notified by mail to come to the On Hand Department, Second and H Streets Northeast, to make out Police Department Form No. 151, Application for Sale or Transfer of Possession of a Firearm. In the case of pistols, the customer is required to show sufficient proof of his identity and must be 21 years of age. The form is filled out in duplicate and forwarded to the Special Investigation Squad, Metropolitan Police Department, where an investigation is made of the applicant. After signature approval by the Chief of Detectives, one copy is retained by the police department and the other copy is returned to the Railway Express Agency, and the weapon delivered to the purchaser.

In the case of shotguns and rifles the weapon may be delivered immediately to a purchaser 18 years of age or older who has executed PD Form 151A, which includes a statement by the purchaser that he has not been convicted in the District of Columbia or elsewhere of a crime of violence.

Second, the provision which prohibits gun dealers from selling handguns to persons who are residents of other States, we feel, would assist in preventing persons who would not qualify for the purchase of such a weapon in the District, from traveling across the District of Columbia line and purchasing such a weapon. You are certainly aware of this problem, Mr. Chairman, as cited in your opening statement on May 19, 1965, in discussing the results of a survey made by Treasury Department agents at your request. These agents examined the records of selected dealers in nearby Maryland to determine the percentage of purchasers who claimed residence in the District of Columbia and how many in this category had police records. It was reported that one dealer's record showed that 58 percent of his sales in a recent period were to residents of the District of Columbia and of these, 40 percent have police records in the District. It was also reported that the records of another dealer showed 40 percent of the customers were residents of the District of Columbia and 23 percent of these have records in the District. Third, this bill would prohibit the sale of handguns to persons under the age of 21 and shotguns and rifles to those under the age of 18. In this connection I would invite your attention to the following example: In the course of an investigation made of a shooting at Eighth and Peabody Streets NW., in the Sixth Precinct at 8:30 p.m., January 22.

1965, it came to the attention of Juvenile Bureau investigators that the weapon used a .22-caliber pistol-had been purchased in Silver Spring, Md., on the same day of the shooting by an 18-year-old. Thẹ Juvenile Bureau officers then checked the books of the seller and found that in the 3- to 4-month period prior to the date of their survey, ten 22-caliber pistols, one .32-caliber pistol, and two .22-caliber blank pistols had been sold to persons under the age of 21 years who live in the 6th and 12th Police Precincts in the District of Columbia which adjoins the Silver Spring area.

Fourth, the bill would stop the flow into this country of surplus military weapons and other weapons not suitable for sporting use. This provision is intended to stop the importation of cheap, inferior, foreign handguns which, as reflected in a study prepared for your committee in 1963, made up about 18 percent of the weapons seized and turned into our Property Clerk's office in conection with the commission of crimes.

Fifth, S. 1952 would provide control over traffic in large caliber weapons such as antitank guns and bazookas by limiting the importation of such weapons. The use and possession of such weapons has not been a problem to the Metropolitan Police Department as of this time, but notice has been taken of the attempt in New York to damage the United Nations Building by individuals using a mortar-type weapon, as well as recent publicity concerning the arrests in New York City of extremists who had plotted to damage or destroy national shrines.

Sixth, the revision of licensing control and fees would have the effect of eliminating those who are not bona fide dealers. At present, Fedderal firearms licenses are available for the payment of $1.

The nature and scope of the problem in the illegal use of firearms in the District of Columbia can be gaged by figures taken from our 1964 fiscal year report. During that period there were 1,002 crimes involving the use of firearms recorded by the Metropolitan Police Department. Forty-six juveniles were involved in 39 cases where firearms were used. In the report of 2,606 robberies during that period, a pistol was used in 482 or 18 percent of the cases, a rifle in 8 cases, shotgun 17 cases. In a total of 2,754 aggravated assaults reported, a pistol was used in 467 or 17 percent of the cases, rifle in 20 cases, shotgun in 27 cases. In 104 homicides reported, 37 were by pistol, 3 by rifle, 1 by shotgun. I am submitting for the information of your committee a tabulation for fiscal year 1964 which indicated the type of weapon used in the crimes of murder, manslaughter, aggravated assault, and robbery.

(The tabulation referred to was marked "Exhibit No. 76" and is as follows:)

EXHIBIT No. 76

Weapons used in homicides and aggravated assaults and robbery, fiscal year 1964

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Mr. LAYTON. The serious situation faced by this city due to the increasing incidence of violence is pointed up by a comparison of the statistics of fiscal 1964 with those for the first 4 months of 1965 where 589 cases out of 1,432 robberies and attempted robberies involved the use of firearms, or 41 percent of the total.

Senator DODD. This is just for the first 4 months?
Mr. LAYTON. The first 4 months of 1965; yes, sir.

This is 82 more cases than all of fiscal 1964.

One of these cases can be cited as of particular interest: On March 1, 1965, a liquor store in the 1100 block of 22d Street NW., was robbed at the point of a gun. Approximately 30 minutes later, a 16-year-old juvenile was arrested. This case, and 42 others which occurred in a period of 41 days, were closed with this arrest. This juvenile was a ward of the Board of Public Welfare at the time after having been charged with robbery on an earlier occasion. His record also indicated charges of housebreaking, unauthorized use of an auto and petty larceny. The gun recovered from this juvenile was reported stolen to the Metropolitan Police Department in 1946. We can mention that

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