Internal Revenue Service, which Mr. Sheldon Cohen heads as Commissioner, is responsible for the administration of the Federal Firearms Act. Mr. Cohen is here with me today to make an additional statement, in which he will develop in some detail the six main legislative thrusts of the proposed bill and and deal in some detail with some of the principal objectives. Mr. Cohen will remain throughout the session. I am pleased to have the privilege to appear before your committee in association with my colleague, the Attorney General, and other representatives of the administration, in strong support of S. 1592 to amend the Federal Firearms Act, because we feel that enactment of this piece of legislation is of very great and grave importance to the welfare of this country and its citizens. S. 1592 is designed to implement the recommendations which the President set forth with respect to firearms control in his message to the Congress of March 8, 1965, relating broadly to law enforcement and the administration of justice. The President, in that message, described crime as "a malignant enemy in America's midst" of such extent and seriousness that the problem is now one "of great national concern." The President also stated and I again quote from his message: "The time has come now, to check that growth, to contain its spread, and to reduce its toll of lives and property." As an integral part of the war against the spread of lawlessness, the President urged the enactment of more effective firearms control legislation and cited as a significant factor in the rise of violent crime in the United States "the ease with which any person can acquire firearms," and as your statement and that of Senator Javits dramatically illustrated any person without regard to his competence, reputation, standing, or state of mind. The President recognized the necessity for State and local action as well as Federal action, in this area and he urged "the Governors of our States and mayors and other local public officials to review their existing legislation in this critical field with a view to keeping lethal weapons out of the wrong hands." However, the President also clearly recognized in his message-and this is the heart of the matterthat effective State and local regulation of firearms is not feasible. unless we strengthen at the Federal level controls over the importation of firearms and over the interstate shipment of firearms. The President advised that he was proposing draft legislation to accomplish these aims, and stated, and I quote, "I recommend this legislation to the Congress as a sensible use of Federal authority to assist local authorities in coping with an undeniable menace to law and order and to the lives of innocent people." (Every day the lives of decent American citizens, our greatest national asset, are being snuffed out through the misuse and abuse of firearms by persons who should not have access to them. Mr. Chairman, before proceeding to discuss briefly the essential features of the bill before you, I want to take this occasion to congratulate you and the members of your committee for the part which you have played during the past 4 years in awakening the people of this country to the dangers to the public safety and welfare created by the ease with which any person in the United States can obtain firearms. I should like now briefly to state my understanding of what this bill would do and, in order to eliminate misconceptions, what it would not do. Among other things, the bill would- 1. Prohibit the shipment of firearms in interstate commerce, except between federally licensed manufacturers, dealers, and importers; 2. Prohibit sales of firearms by Federal licensees to persons under 21 years of ago, except that sales of sporting rifles and shotguns could continue to be made to persons of 18 years of age and up; 3. Prohibit a Federal licensee from selling a firearm (other than a rifle or shotgun) to any person who is not a resident of the State where the licensee is doing business; 1 4. Curb the flow into the United States of surplus military weapons and other firearms not suitable for sporting purposes; 5. Bring under effective Federal control the importation and interstate shipment of large caliber weapons such as bazookas and antitank guns, and other destructive devices; and 6. Revise the licensing provisions of the Federal Firearms Act, including increases in license fees, so as to assure that licenses will be issued only to responsible persons actually engaging in business as importers, manufacturers, and dealers. What the bill does is to institute Federal controls in areas where the Federal Government can and should operate, and where the State governments cannot; namely, in interstate and foreign commerce. Under our Federal constitutional system, the responsibility for maintaining public health and safety is left to the State governments under their police powers. Basically, it is the province of the State governments to determine the conditions under which their citizens may acquire and use firearms. I certainly hope that in those States where there is not now adequate regulation of the acquisition of firearms, steps will soon be taken to institute controls complementing the steps taken in this bill in order to deal effectively with this serious menace. Since a bureau of my Department is responsible for the administration of the Federal Firearms Act, I am particularly anxious that the changes proposed in the bill with respect to the issuance of licenses to manufacture, import, and deal in firearms be adopted. Under the existing law, anyone other than a felon can, upon the mere allegation that he is a dealer and payment of a nominal fee of $1, demand and obtain a license. Some 50,000 or 60,000 people have done this, some of them merely to put themselves in a position to obtain personal guns at wholesale. The situation is wide open for the obtaining of licenses by irresponsible elements, thus facilitating the acquisition of these weapons by criminals and other undesirables. The bill before you, by increasing licensing fees and imposing standards for obtaining licenses, will go a long way toward rectifying this situation. Now, to come to some of the misconceptions about the bill. One misconception about this bill which has been widely publicized is that it will make it possible for the Federal Government to institute such regulations and restrictions as will create great difficulties for lawabiding citizens in acquiring, owning, or using firearms for sporting purposes. This is absolutely not so. Sportsmen will continue to be able to obtain rifles and shotguns from licensed dealers and manufac turers subject only to the requirements of their respective State laws. Indeed, they can travel to another State and purchase a rifle or shotgun from a licensed dealer there and bring it home with them without interference. Senator DODD. May I interrupt and say I am very pleased you have brought this out. There has been a lot of literature spread around the country to the contrary, telling people that legitimate sportsmen will not be able to buy a rifle or shotgun in another State. There is no such thing in the bill, but as an example of what is going on, this ter rifically powerful lobby is misrepresenting the fact of this legislation. I am glad, Mr. Secretary, you emphasize the point. It is only one of the misrepresentations. Secretary FoWLER. Yes. Senator DODD. And I think it is a deliberate one because they have been studying this bill for a long time and a great many people have fallen for it and that is why the Congress is being flooded with this mail. I am going into that a little later in the hearing and we will find out where this money is coming from and who has been putting these falsehoods out. Secretary FOWLER. Only two minor inconveniences may occur for the sportsmen of this country. They will not be able to travel to another State and purchase a pistol or concealable weapon, and they will not be able to obtain a direct shipment from another State of any type of firearm. On this latter point, the inconvenience is more apparent than real because the large mail order houses have outlets in most of the States and the bill will permit mail order shipments to individual citizens from these outlets within the State. These minor inconveniences have been found to be necessary in order to make it possible for the States to regulate effectively the acquisition and possession of firearms. Obviously, State authorities cannot control the acquisition and possession of firearms if they have no way of knowing or ascertaining what firearms are coming into their States through the mails or, in the case of concealable weapons, by personally being carried across States lines. Mr. Chairman, there are many other points as you have indicated which could be made with respect to this bill. For example, I think it is self-evident that minors should not have access to pistols, other concealable firearms and weapons of vast destructive power, and that minors under the age of 18 should not have access to rifles or shotguns. Today, the people of the United States are living under the most ideal conditions which have ever existed for any peoples anywhere on earth. Yet, much of this is threatened by the spreading cancer of crime and juvenile delinquency. It is absolutely essential that steps such as those proposed in this bill will be taken to bring under control one of the main elements in the spread of this cancer; namely, the indiscriminate acquisition of weapons of destruction, In concluding my statement, may I say that the Department's experience with the existing Federal Firearms Act has resulted in a feeling of frustration since the controls provided by it are so obviously inadequate in the ways in which I have indicated. In drafting S. 1592, the drafters have had in mind these inadequacies and now have, we believe, a bill which, when enacted, will provide effective controls without jeopardizing or interfering with the freedom of law-abiding citizens to own firearms for legitimate pur poses. I strongly support the enactment of S. 1592. Thank you, very much. Senator DODD. Thank you, Mr. Secretary. It is a very excellent statement and I am sure it will help us a great deal. Senator Fong? Senator FONG. A very fine statement, Mr. Secretary. I only have one question to ask. You stated there are 50,000 to 60,000 people who have licenses to deal in firearms. How many of the 50,000 to 60,000 licensees are actively engaged in dealership? Secretary FOWLER. Our best estimate, Senator Fong, is that out of the approximately, I think this is a fairly accurate figure for 1964, 99,544 licensees, it is our estimate that less than half of the licensed dealers are actually engaged in the business as dealers and that more than half are persons who are using the simple device of becoming a licensee for their own personal nonbusiness purposes. Senator FONG. Thank you. Senator JAVITS. I have no questions except to compliment Mr. Fowler on a fine statement. Senator DODD. Thank you very much, Mr. Secretary. The Attorney General is here. Attorney General Katzenbach is a very distinguished lawyer and Attorney General of the United States. I will not go into any biographical description of the Attorney General as I do not think it is necessary. I will say we are very pleased again that you took time to come here and give us the benefit of your thinking on this legislation. STATEMENT OF HON. NICHOLAS deB. KATZENBACH, ATTORNEY GENERAL OF THE UNITED STATES Attorney General KATZENBACH. Thank you, Mr. Chairman. I picked up the May 15 issue of the Shotgun News as I was coming down here and I thought the committee might be interested in this full page ad that makes a series of misstatements about this bill. I thought members of the committee might be particularly interested in the following quotation indicative of the accuracy of the ad: "Write every member of the hearing committee: Chairman Senator Thomas Dodd and Senators Philip Hard, Birch Bayh, Quentin Burdick, Joseph Tidings, Roman H. Hruska, Herman Fong," and if you have any mail for Herman Fong, you will know the source of it. They do have Jacob Javits correct. It might be well, Senator Fong, for you to let your mail room know that mail for Herman Fong is intended for you and too, I thought the committee might be interested in seeing this ad. It is typical of the propaganda and the misstatements that are being made about this bill and this happens to be from the American Sportsman's Foundation, Inc., of Hanover, N.J. Senator DODD. Without objection, I would like to have that made a part of the record. (The document referred to was marked "Exhibit No. 6" and is as follows:) FOR SALE FOR SALE twid bbis bores dark HUNTING Rangefinder. SILVER Dollars, bright un- BUSHNELL Scope Chief II. TRIUS trap, mechanical NEED Parkers & Fox shotcirculated rolls of 20: 3x-9x variable. new, mod. 500T deluxe list Clary target trap, list guns now. Quote best set with leather holster, 5X 1879 S. $35.: 1881 S. $35.: $99.50. sale $74.50; Bush- $29.95, sale $24.95: Lee price & give accurate NRA telescope eyepiece, list 1885 O. $35.: 1902 O. $35.: nell Banner 3x-9x varia- Sonic ear valves only description. Also buy tho $29.95 $21.95. Esman's. Any 3 rolls assorted dates. ble, list $49.50, sale $25.50 $3.95 pd.. everything ppd.: cas & Smiths. Reliable Turtle Creek 4. Penna. $100.: 1904 O. $44.50: 1898 ppd.; Free scope & reload- Esman's. Turtle Creek 4. Loan Co. Box 2745. BoO. $57.50. 2 rolls $110.; Pre- ing catalog: Esman's, Tur- Penna. leigh, No. Car. TF-2 SPECIAL Notice. paid: Esman's. Turtle tle Creek 4. Penna. Hodgdon BUSHNELL Spacemaster ITHACA 16 g. db Powder Creek 4. Penna. GUNS, 1000's to choose (60mm Obj.) with 25X to $45 SAW 2 ca Amy. prices going up as of VALUES: Redding Hunter from. New, Used. Trades eyepiece. list $95., sale Kittridge, Cinn O marking• * July 1 on #4831, H570, powder & bullet scale. made. Bargains. Esman. $75.95: Sentry 50mm spot round tall molds H870, 5010. Last list $14.50. sale $10.95: 624 Penn Ave.. Turtle ting scope with 20X eye-lot for $97 50 S&W ral New chance at low prices. Redding Master powder Creek 4, Penna. piece. list $54.50, sale Win mod 12 3 mag 100 Lb. drum, $51. pre- measure. list $18.50. sale HIGH Std., new shotguns. $44.75: Ppd.: Esman's. Tur- luxe tre stock, nice file tion of 34 film stripe om Ford mole man training 35mm, paid. 50 Lb., $25.95; 20 $13.95: Forester case trimBargains. Flite King de- tle Creek 4. Penna. Sav mod. 99 ort bbi 365 Screwdrivers Lb. $15.95. 10-1 lb. mer. list $14.25, sale $10.95: Inertia bullet puller, list luxe 12 ga., rib 30′′ full. list MASTRA Gun Caddy, sizes to Sav fit most guns. Free Postpaid 1, man wire handles $225 Appe cans, $15.; Shipping $7.70, sale $5.50; Ohaus $99.95. Bale $77.50: Flite Midway Arms, Ri M.ch charges collect on all powder & bullet scale, list King trap 12 ga.. 30". list Price list. Your gun is entitled MO to protection. Eaman's-Turtle $115.95. sale $89.95: Flite Creek 4. Pa. shipments under 100 $19.50. sale $15.60: Lyman King Trophy 20 ga.. adj. POWDER: Hodgon (831 lbs. Price increase 55 powder measure, list BOOKS for the Sportsman on 100 lb. $51. prepaid. 50 choke. 27" ᏏᏏᏞ. list Hunting. Gunsmithing. Wild. lbs. $25.95 collect: SM Pr will be 30% or more, $16.. sale $13: Hollow or mod., list $79.95. sale 4. Penna. with pearl gripa, 96. org buy now & save. Es. ground screw drivers for $105.95, sale $85.: Flite life. Outdoors. etc.. prepaid. mers. $5.95 per M prepaid man's, Turtle Creek 4, gunsmiths, list $8.. sale King field. 20 ga.. 26" full Free list: Eaman's. Turtle Creek $6.50: Everything prepaid: 6-2 Esman's, Turtle Creek 4. $64.95. Ppd.: "Good Luck LOWEST Scope Prices: Penna. Penna. New. latest models. SHOOTER'S Glasses, met Dist. Co.", Box 71. Turtle 5-2 MCH. HCH. add $13.10 for list $9.. sale $4.95. 2 for spotting scope 15x-60x. 5. Accu-Range style, add $8.50 ppd.: Esman's. Turtle eye pieces. list $89.95. sale dot: Creek 4. Penna. or M 15 New M blue exc with 100 lbs. powder: Im wroking inter g Redfield 3x-9x, list $99.50. al framed, 8mm bridge SWIFT "Zoom" spotting $6.10 for post POWDER for the handloaders. MW870, 50 lbs., $19.95: Roll set, $350. Indian Valmet OSU shotguns. Most Wa New shipment of MWWANTED to Buy. Pay- head pennies, asst. roll of 12 ga.. 30" bbl.. M&F, F&F. Njer carhus, gel i, und ing top Dealer SSS, 50. $12.95: Liberty V nick- 26 IC&M, new factory Carl Bages, 128 4895, 1 lb. cans, $2.50 larger quantities all types shotguns, ri- els, asst. roll of 40 58.95: guaranteed, list $189.95. fles. Ppd. Free coin lists: Es sale $129.95 ppd.: Es- POWDER: Red Dot. $22.50 cheaper: This is new handguns, man's. Turtle Creek 4, man's. Turtle Creek 4. 12 lb. keg: Win. 450LS. powder, not salvage. scopes. Fast Deals, Penna. $21.50: Hi Skor. $19.50-10 By lb. or ton, loading write description & lbs; Immediate shipment: B&L 10X telescope. com: FREE Catalog, mon- 100 Lb. prepaid: Kessel. data furnished. Deal price; Esman's, Turtle plete with case. list Creek 4. Penna. $10.95, sale $8.49: B&L 20X ey saving values, ring Gun Shop, Burling. er inquiries invited. SHOT - Reloading: Based telescopes, list $24.95. sale nationally advertised ton, Wash. on current lead market $19.95 ppd.: Esman's. Tur- material for the shoot-To shooty Humme er, fast shipments: Es-saw mod. 41. Custom Large grip #ply, 5937 Merriam prices. Chilled shot sizes Utah, Ariz.. these are FOB Penna. Write Your Congressmen Today! |