Winthrop, Mass., August 1963 An investigation of an assault and battery by means of a dangerous weapon with intent to murder. The victim recovered from the bullet wounds. The 22 caliber Colt single action Frontier Scout used in this near fatal shooting was purchased in the Quonsett Sport Haven, Post Road, North Kingston, R.I. (Refer MSP case 2300-63.) Boston, Mass., June 1963 The brutal slaying of Stephen Poulos in this city on June 21, 1963. The murder weapon, a revolver, had been purchased in a gunshop in Salem, N.H. (Refer Boston BU 10368.) Chelsea, Mass., November 1963 Weapon violation and suspected of numerous breaks. Found armed with a .38 caliber Smith & Wesson revolver that had been obtained from the Witte Hardware Co., of 705 North Second Street, St. Louis 2, Mo. (Refer MSP case 2413-63.) Brookline, Mass., August 1963 The unfortunate suicide of a local resident by a self-inflicted bullet wound. Investigation revealed that victim had applied for a permit to purchase a firearm on a previous date and was refused because of his suspected mental condition. The .357 caliber Smith & Wesson revolver used by victim had been purchased from Hagget's Sport Shop, Concord, N.H. (Refer MSP case 2911-65.) Somerville, Mass., August 1963 Parolee from San Quentin Prison arrested for numerous armed robberies in the Greater Boston area. Subject was also a suspect in a murder in New York City. In possession of a 9 millimeter foreign made Femaru-Fegyver semiautomatic pistol, which subsequent investigation revealed had been purchased by the defendant at the Family Sport Shop, 2 Webster Street, Hudson, N.H., under an assumed name. (Refer MSP case 2323-63.) Boston, Mass., August 1963 The ruthless murder of Officer James B. O'Leary of the Boston Police Department while on duty in that city. Murder weapon found and identified. Subsequent investigation revealed that it had been purchased from a gun dealer in St. Louis, Mo. (Refer Boston PD files, Ballistics Unit.) Lawrence, Mass., December 1963 Murder of a local resident in a neighborhood rooming house by mentally sick fellow roomer. Investigation revealed that the defendant had purchased the .25-caliber Colt pistol from a gun dealer in Providence, R.I. (Refer MSP case 2422.) Brookline, Mass., December 1962 Local resident kidnaped and robbed by two unknown subjects. Investigation led to identity of assailants and it was subsequently found that they had purchased their weapons from Foster's Sporting Goods Store in Manchester, N.H. (Refer local PD files.) Boston, Mass., October 1962 The fatal shooting of Pierro Brentani on October 3, 1962. Another case of a handgun being used. This time the revolver was traced to a gun dealer in Bryn Athyn, Pa. (Refer Boston BU 9857.) New York City, N.Y., May 1962, via teletype to Manchester, N.H. Investigation of homicide in New York City in which two police officers had been shot and killed; .32-caliber Colt pistol used in crime traced to a Manchester, N.H. gun dealer. (Refer 10799 file 25 of May 19, 1962, originating from New York City.) Sturbridge, Mass., August 1962 A 22-year-old Brockton youth is arrested for numerous counts of armed robbery and other crimes in three States. Found to be in possession of two handguns and six sticks of dynamite, together with other articles of his trade. Admitted purchasing the firearms from a gun dealer in Nashua, N.H. and at the time of the sale, he furnished a fictitious name and address. Indicated that he had intended to rob gunshops throughout Vermont and New Hampshire. (Refer SP Sturbridge, 2001, file 13 of Aug. 30, 1962.) Waterloo, N.Y., June 1962 Two subjects arrested for the unlawful possession of firearms on the New York Thruway. Investigation revealed they had purchased weapons at Caribou Trading Post, Caribou, Maine on June 14, 1962. (Refer TT 1359 File 13 SP Waterloo on June 17, 1962.) Everett, Mass., March 1961 Fatal shooting of Camille Ceaburri at a bus stop near her home. Husband arrested at scene and found in possession of a .38 caliber Smith & Wesson revolver. Weapon had been purchased by defendant at the Great Northern Sporting Goods at Derry, N.H. At the time of the sale, the defendant furnished the name of a fictitious person and utilized a nonexistent address in Lynn, Mass. This subject could not purchase a weapon in Massachusetts, because of the lack of any permit. Local police were aware of his marriage troubles and would not permit the sale locally. (Refer case 1746 MSP.) Haverhill, Mass., April 1961 Fatal shooting of a Mrs. Mildred Minell of Haverhill. Defendant found to have purchased the murder weapon at Parker's Sporting Goods, Manchester, N.H. during March of 1957. Subsequent investigation revealed that defendant had purchased a total of nine weapons, including three handguns at the same store during a 2-month period. Yet, he was a paroled felon at the time of all purchases, and therefore was not eligible to buy or carry handguns in Massachusetts. (Refer MSP case 1761-61.) Saugus, Mass., March 1961 Murder of a gas station attendant, Philip DeVlaminck, at a local service station. The victim had been shot in the back while running for safety across the highway. Two Boston youngsters were subsequently indicted for this murder and were awaiting trial, when the .32-20 caliber Colt revolver used in the murder was found in the possession of a Greater Boston resident. This latter subject entered a plea of "guilty" to a lesser degree of murder and brought about the release of the innocent youths. Investigation revealed that the murder weapon had been purchased by the guilty defendant at a Kittery, Maine sporting goods store. The defendant had furnished a fictitious name and address at the time of the purchase. (Refer MSP case 1741V61.) Cambridge, Mass., May 1961 Armed escape of two men awaiting trials for separate murders from the Middlesex County Jail. David Robinson, master of the institution, shot and killed by one of the escapees. Murder weapon found to be a 6:35 millimeter Italian "import" that was purchased at Mickey Finn's Sporting Goods Store in Manchester, N.H. The buyer 49-588-65-25 furnished a fictitious name and address at the time of the sale and efforts to ascertain his true identity have proven fruitless. (Refer MSP case 1773.) Cambridge, Mass., December 1961 Subject released from a correctional institution on parole is arrested for armed robbery. Investigation revealed that 2 days after his release from the penal institution, he travel to Kittery, Maine and purchased a .45-caliber revolver under an assumed name and address. Although Massachusetts law prohibits the sale and adequately prevents delivery to a convicted felon, this subject experienced little difficulty in procuring his deadly firearm from a dealer in an adjoining State. (Refer MSP case 1922-61). Newton, Mass., August 1961 Assault and battery by means of a dangerous weapon on a police officer by four youths stopped for questioning. Weapon used was a 25-caliber Belgiummade pistol, which was traced to a Kittery, Maine, gun dealer. The buyer furnished the dealer a fictitious name and address in Portsmouth, N.H., and was subsequently identified as one of the assailants. (Refer MSP case 1829-61.) Medford, Mass., April 1960 Four defendants for several counts of bank robberies in and around Boston. A .38-caliber Colt pistol used in one of the accompanying shootings was traced to a Portland, Maine, sporting firm. The other weapons used by the gang were reported as purchased in Kittery, Maine. All defendants sentenced to long prison terms. (Refer case 1542-60.) Bernardson, Mass., August 1960 A felony-murder during an armed robbery of a local store. The defendant was a State prison parolee at the time of this murder, and had purchased the murder weapon from Clapps Sporting Goods Shop on Main Street, Brattleboro, Vt. Being on parole from a 7- to 10-year sentence for a previous assault with a dangerous weapon, he was not eligible in Massachusetts to purchase or even carry the handgun. Another case of a convicted felon on parole being able to purchase a firearm without restriction. (Refer MSP case 1619-60.) Cambridge, Mass., September 1960 Murder of Officer Lawrence O'Gorman during his attempt to apprehend two men found committing a break. During exchange of gunfire the assailant was wounded and subsequently apprehended in the neighborhood by other officers. Found to be a paroled felon. The murder weapon was found to be a .38-caliber revolver that was sold over the counter in a west coast sports shop. The defendant in this case participated in an armed escape from detention and shot and killed the master of the institution, using a foreign-made pistol purchased in New Hampshire under an assumed name. (Refer to MSP case 1631-60.) Saugus, Mass., September 1960 An attempted armed robbery of a North Shore clothing store in which a teenaged employee was shot and killed. One of the defendants had purchased a murder weapon from a gun dealer in Kittery, Maine; and at the time of the purchase, he had furnished a fictitious name and address. This same defendant was subsequently involved in an armed escape from a place of detention. The master of the institution was shot and killed during this escape with the murder weapon traced to a New Hampshire gun dealer. (Refer MSP case 1635–60.) Lawrence, Mass., November 1960 Armed robbery of Al's Grille by subject armed with a .32-caliber Harrington & Richardson revolver. Investigation revealed that defendant had purchased the weapon over the counter at Whitcomb's Service Station, South Broadway, Salem Depot, N.H., for the very purpose that the weapon was put. (Refer: Local police reports.) Cambridge, Mass., October 1960 Suspect in an armed robbery found to be in possession of a .357-caliber Colt revolver. Weapon had been purchased at the Trading Post, Kittery, Maine, some months before with little or no difficulty. (Refer MSP case 1559-60.) Chelsea, Mass., July 1957 car. A local bank held up by an unknown subject who fled the scene in a stolem The vehicle located a short time later with a snub-nosed revolver lying. on the seat of the car. Weapon traced from plant to a New Hampshire gun dealer. Although the buyer furnished a fictitious name and address at the time of the sale, his identity was tentatively established. New England-wide search for suspect resulted in his capture in Medway, Mass. He attempted to shoot the arresting officer with a second snub-nosed revolver that he had purchased in New Hampshire after the bank robbery and during a period of time when wide publicity was being given him. (Refer MSP case 0940-57.) Senator DODD. Is Mr. Hilliard here? I remember yesterday I asked if he would be available this morning. I have since learned you have illness in your family. I don't want to detain you. Mr. HILLIARD. I appreciate that, Senator. I am short on time. Senator DODD. I wasn't aware of your situation. STATEMENT OF E. H. HILLIARD, JR., MANAGER, REDFIELD GUN SIGHT CORP., DENVER, COLO.-Resumed Mr. HILLIARD. We were discussing the applicability of the Administrative Procedure Act. My suggestion was that, while the lawyers can argue in all directions as to applicability, why not simply put it into the bill that the judicial review in section 10 would be applicable? Senator DODD. That is a constructive suggestion. I don't know how it would work out. We will certainly consider it. I take it you feel this would lessen the possibility of any application of rule or regulation which was not intended by the legislation? Mr. HILLIARD. Yes. And it would provide an effective tool for a citizen who felt he had-in other words, it would not require a citizen to be indicted in order to have recourse to the court system-if he felt that the rule was beyond the intent of the law, of the statute. And my other principal point was the application of the affidavit to an across-the-counter interstate purchase, which I would think would answer the objections as Commissioner Caples brought up, and also yesterday Chief Layton-and your pointing out that people could get on the bus and go to Maryland and circumvent the Washington law. Senator DODD. Well, we certainly will give this most careful consideration. Was there another point you had made also, about the language of the bill? Mr. HILLIARD. I had made various points. But in the summary paragraph, on page 5, I mentioned the affidavit for across-the-counter purchase. The second point is the defining of the Treasury's authority. The third one, and most important, is to require notice and hearings in the statute. Again, the Administrative Procedure Act, it seems, would give the agency the option to waive hearings if they didn't feel it was in the public interest. Senator DODD. All right. Mr. HILLIARD. I certainly appreciate this, Senator. Senator DODD. Well, I am certainly thankful to you for coming here and giving us the benefit of your experience, which is extensive, of course, in this area. And I assure you again we will give your recommendations most careful consideration. We all want the best bill we can get. I am sure it can be improved. In the course of these hearings I have heard three or four suggestions that make sense to me. I don't know of any member of this subcommittee who just says it is a perfectly drawn bill. We don't say that at all. I am sorry we detained you. I hope your family improves. Senator DODD. Is the attorney general of New Jersey here? Mr. Sills, would you mind if we delay your statement a few minutes! I would like to have the Members of the House have a chance to be heard. Mr. SILLS. Surely-no problem. Senator DODD. Congressman Dingell? STATEMENT OF HON. JOHN D. DINGELL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN Mr. DINGELL. Senator, I appreciate the courtesy of being here this morning. Senator DODD. Sorry we were delayed. Mr. DINGELL. I left another committee in which I was presiding this morning to come over here-it was scheduled at 10:30. I brought with me a bag of assorted criminal weapons. Zip guns billies, a sword cane, more zip guns, none of which would be covered under this statute-all of which were furnished me by the Police Department of the city of Washington, having been confiscated for sundry and assorted violations of law. Those are brass knuckles there. This was during recent weeks. For the record, Mr. Chairman, my name is John D. Dingell. I am a Member of Congress from the 16th Congressional District of Michigan. Senator DODD. Yes, I know who you are. I knew your father. He was a wonderful man. I served with him in the House. Mr. DINGELL. Thank you, Mr. Chairman. He had a great deal of affection for you, sir. At the outset, let me say that as a Member of Congress, a former prosecuting attorney, and an ardent conservationist, I am vitally concerned that the public interest be protected in the matter of laws governing the sale and distribution of firearms. This should go without saying. Unfortunately, however, certain editorial proponents of this proposed legislation have been guilty of |