While Senator Allott cited these facts in his opposition to S. 1592, I can think of no better argument in favor of S. 1592 and local legislation similar to that which the President has asked for and which I would have adopted in New Jersey.

This, very frankly, is the best example I can think of to highlight my support for S. 1592. Without S. 1592 Oswald was able to obtain his mail-order murder weapon. Even with S. 1592 he could have made a legitimate over-the-counter purchase. With S. 1592 and local legislation, however, his dubious background would have prevented him from doing either. This being the case, Jack Ruby would have had no cause to use the weapon for which he had a permit. Both the life of John F. Kennedy and that of his assassin might have been spared, and it takes only a simple exercise in logic to come to this conclusion.

Although I will not make specific reference to the series of questions Chairman Dodd enclosed in his invitation to me to appear before this subcommittee, my comments which follow will bear primarily on these consideration.

First and foremost, S. 1592 will assist us in our efforts in New Jersey, provided we pass an effective law of our own, by enabling law enforcement officials to concentrate their attention on the outflow of firearms from legitimate licensed firearms dealers. Section 2 of the bill will accomplish this by prohibiting the shipment of firearms to other than firearms dealers licensed by the State. Presently, there are approximately 1,900 federally licensed dealers in New Jersey, as compared to 450 State retail licensees. This means that about 1,450 Federal licensees will have to apply for State licenses. A great many of them will not be issued these State licenses, however, because of the fly-by-night nature of their operations.

Although S. 1592 will not put local dealers under an obligation to refrain from selling to narcotics, alcoholics, criminals, subversives, and the like, it will make it relatively simple to accomplish this effectively through implementation by local legislation.

Not only will this be important with respect to the controlled regis tration of rifles, shotguns, pistols, and revolvers as covered in the law I would have in New Jersey, but it will also cut off the wanton and unregulated importation of "destructive devices" as defined by section 1(4) of S. 1592, including bombs, rockets, grenades, bazookas, and the like, by bringing under strict Federal control their shipment in interstate and foreign commerce.

There are also numerous examples where this bill, combined with supplementary local legislation, may have resulted in the saving of lives.

On October 13, 1964, in Delanco, N.J., a woman, under the care of a psychiatrist, shot and killed her 4-year-old daughter and committed suicide with a 12-gage shotgun. The weapon was purchased from an out-of-State department store and was delivered to her home by United Parcel shortly before the shooting occurred.

If the Member of Congress who testified just previous to me were not so disturbed about going down to sign for his weapon-and he probably would have received it so very readily when he did—rather than be disturbed at that-if he would hear this example, he would know why local police would prefer to have the owner of that weapon come down and sign, so that they could determine who the person was.

In February 1962, in Secaucus, N.J., several high school youths were caught shooting high powered war surplus rifles in the New Jersey meadows. The bullets traveled over 2 miles in distance, penetrating a house trailer and smashing the window of a private residence. Fortunately, no one was injured by the use of these Italian, Russian, British, and German rifles which were purchased as military antiques,. not guaranteed for firing.

On November 17, 1964, two Trenton, N.J., policemen were detailed to investigate a complaint of a tavern owner who stated that he had just evicted a person from his establishment who was threatening to explode a hand grenade. When the police arrived at the tavern, the evicted person exploded the grenade, killing himself, one of the policemen, and a bystander.

On December 26, 1962, two young adults and a juvenile were found conducting a private war game on the Cherry Ridge Rifle Range in Sussex County, N.J. The weapons used were a 20-millimeter antitank gun, such as you have in the rear here, six rifles and two .38 caliber revolvers.

(Photographs of the antitank gun and ammunition seized in this case were marked "Exhibits Nos. 92 and 93" and appear on pp. 402–403. Extensive damage was done to buildings on the range, as well as the destruction of a bulldozer by a missile fired from the antitank gun.

Without S. 1592 and local legislation consideration must also be given to the possibility of extremist groups availing themselves of firearms or heavy weapons in New Jersey or any other State. As. Attorney General Lynch so vividly pointed out in his testimony with regard to the situation in California, these "self-styled saviors of our Nation" pose a very real threat to the security of freemen.

A bill has been introduced in the California Legislature which will make it illegal for any two or more persons to

associate or assemble as a paramilitary organization for the purpose of practicing with weapons.

Perhaps this approach is worth consideration by other jurisdictions wishing to clamp restrictions on the activities of these private armies which thrive on hate, intolerance, fear, and prejudice.

Presently, there are no laws in New Jersey, to control the sale of firearms to extremist groups. Any such group could legally arm itself with semiautomatic weapons, antitank guns, bazookas, mortars, and

the like.

Fortunately, there is no indication that the magnitude of the problem posed by these groups is anywhere near as great in New Jersey as it is in California. I am sure you recall, however, the case which occurred on December 11, 1964, when three Cubans were arrested for plotting to assassinate the United Nations representative from Cuba, Che Guevara, as he addressed the General Assembly in New York City. These three Cubans were found to have a stockpile of illegally possessed machine guns, pistols, revolvers, and hand grenades to be used by their organization to overthrow the Government of Cuba.

Notwithstanding the relative paucity of armed extremist groups in New Jersey, I believe now is the time to take preventative measures that will protect against the possibility of such occurrences in the future. Without S. 1592, of course, the pursuance of effective measures. at the State and local level will remain remote.

Photograph: Sample of ammunition confiscated by State Police from 3 youths

49-588-65-27

in Sussex County, N.J.

I have indicated that S. 1592 is necessary if local authorities are going to cope effectively with over-the-counter sales of firearms to potentially dangerous persons. It is equally important that S. 1592. pursuant to section 2(b) (3), will make it unlawful for a dealer to sell firearms, other than rifles and shotguns, to anyone—

who he knows or has reasonable cause to believe is not a resident of State in which the *** dealer's place of business is located.

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Although under present New Jersey law a permit to carry a pistol or revolver is required, there is no way to detect weapons which are smuggled into New Jersey without a permit to purchase or carry. S. 1592 would go a long way to ameliorate this situation.

Our experience with the State of Maryland highlights, I believe, the urgency of this measure. Chairman Dodd pointed out in his opening statement to this subcommittee that our State police, in cooperation with Maryland authorities, had revealed the purchase of handguns by 27 New Jersey residents in that State.

These 27 people were able to buy 65 handguns from 3 retail stores located in Aberdeen, Md. Eight of these persons used fictitious names or addresses, and five of the eight used the same address. The purchases of the firearms by four of the five persons all occurred during the dates of September 9, 15 and 21, 1964, and at the same location, the Aberdeen Hobby and Sport Shop.

The fifth person, one Hector Gomez, later found to have had a lengthy police record for such offenses as extortion, robbery, assault, and attempted rape, purchased 12 handguns in the same store on 3 occasions within a period of 12 days and 3 more in another store during the same period.

It is apparent that the five persons were known to each other and that the purchases by Gomez were made for illegal resale.

I may say, Senator, I have here a teletype from the Newark police indicating an Amelda Cruz was arrested on a narcotics charge and she had in her possession a .32 caliber gun, a serial number of one of the guns which this Mr. Hector Gomez had originally purchased.

When State police personnel from Maryland and New Jersey investigated the establishments where these guns were sold, they were told by one proprietor that if he did not sell firearms to the people who wanted them, some other dealer would. His business records indicated that he had sold 500 handguns during the past year, with 29 having been purchased by New Jersey residents.

The sales ledger of the second proprietor in Aberdeen, Md., indicated that 252 firearms had been sold by his shop during the year, 18 having been purchased by New Jersey residents. This proprietor stated, in his opinion, Hector Gomez had bought an estimated 200 handguns, over a period of time in the Aberdeen area.

Records of the third establishment showed that approximately 500 handguns were sold per year during the course of business, with 18 having been sold to New Jerseyites. These 3 stores in Aberdeen alone accounted for the sale of approximately 1,250 handguns during 1 year's time.

Our experience in Maryland, of course, involved the purchase of handguns for illegal importation into New Jersey. We have had similar problems with dealers in California who, on the other hand,