year 1913 imagine a 1965 version of form 1040A, or the future significance of the annual milestone date April 15 when the first basic Federal income tax law with its "insignificant" 7 percent ceiling was passed? 4. S. 1592 would create a potentially huge new Federal policing and bureaucratic organization under the authority of the Secretary of the Treasury "or his agent," opening up manifold new opportunities for Federal involvement in the affairs of private citizens and small and large business. At this moment in our Nation's internal development, I submit that we should be seeking ways to minimize, rather than increase, the American citizen's statutory responsibilities to individual Federal bureaus and departments. I believe any proposed legislation establishing such a new bureau or administrative power should be scrutinized carefully to determine its possible future influence upon individual personal freedom guaranteed by common law and the U.S. Constitution. I am in agreement with the National Wildlife Federation that in all sections of S. 1592 dealing with unlawful acts that the numerous uses of the term "under such conditions as the Secretary shall by regulation prescribe" could lead to complete registration as well as regulations and redtape, no mat ter how sincerely conceived. I further believe that if this loosely worded but perhaps significantly broad empowering phrase is relegated to an individual interpretation that ownership and legitimate use of firearms could become so difficult as to be impossible for many citizens. 5. In my opinion, one of the principal general criticisms that can legitimately be leveled against S. 1592 in its present form is that it specifically implies a Federal distrust of U.S. citizens who have given no cause to be distrusted. I refer here to gun sportsmen, hunters, and enthusiasts who are respected, lawabiding members of their communities, who have never been suspected or convicted of a violent crime with a gun or other dangerous weapon, but who would be penalized under S. 1592 for violent deeds committed by a conspicuous and wellpublicized criminal minority. C. R. Gutermuth, vice president of the Wildlife Management Institute, in his concluding testimony before the Subcommittee To Investigate Juvenile Delinquency, put the case this way: "Sportsmen are not opposed to the hoped for objectives of S. 1592. But they disagree with the methods it would employ. The certain inconvenience of S. 1592 far outweighs its scant promise of effectiveness, in our opinion. Sportsmen see in S. 1592 not so much a direct program for reducing armed crime as they see a threat and a continued harassment of their recreational use of firearms. They see an obstacle to their freedom of choice and movement, without the hint of a compensating social benefit." 6. Although S. 1592 specifically defines categories of caliber, bore, firepower, and other measuring characteristics of various firearms, in my opinion the total effect of the bill is, by implication, to tar all firearms generically with a black brush. Since the days of Lexington, Concord, and Breed's Hill, and on through Tripoli, Gettysburg, Belleau Wood, Iwo Jima, and now in Vietnam, the educated and experienced use of firearms by Americans, whether they were volunteers or conscripted, in time of crisis has been a critical factor in national safety and survival. Indeed, it is a military tradition that, in our peace-loving and peace seeking Nation, the cadres of young Americans who have already been trained or were self-trained in the careful and effective use of firearms normally form the leadership core of hastily formed infantry units in time of war or preparation for emergency defense against aggressors. "Proper training in the safe and effective use of firearms is as important to the health and security of our Nation now as it was in the early days of our national history," says the National Police Officers Association of America in a formal resolution. 7. S. 1592 represents an infringement upon the American citizen's right to possess and bear arms guaranteed by the second amendment to the U.S. Constitution. Recommendations 1. Codification of Federal and State gun laws within the clear intent of the U.S. Constitution, and with the further intent to protect the rightful heritage of law-abiding American citizens to have and to hold firearms in lawful pursuit of gun sports, for his self-protection, and in the light of the armed citizens' importance in time of national defense emergency. 2. Legislate effectively toward elimination of castoff military firearms, especially those that can be described as "destructive devices." 3. Legislate against crime and the criminal-not against guns and their lawabiding owners and users. 4. Work toward stricter enforcement of existing laws and court-prescribed penalties for violent crimes committed with a gun or the threat of a gun (as well as other deadly weapons). 5. Clarify, and be more specific, in the phraseology dealing with the delegation of authority and administrative discretion to the Secretary of the Treasury “or his agent." 6. Clearly separate and define the difference between a firearm, per se, and a "destructive device." 7. Consider a general down-the-line reduction of license fees now set forth in S. 1592. I believe they are disproportionate and in many cases prohibitive. Senator DODD. Before hearing the next witness, I want to say I think the country must wake up to this vast reservoir of weapons referred to here today. I have been 4 years trying to bring the attention of the public to it. I haven't been alone. But I think it is fair to say that various communication mediums have worked with us so I am going to insert in the record at this point a transcript of the December 21, 1964, newscast of Walter Cronkite, CBS News. The transcript is a detailed filmed telecast with the purpose of showing a veritable arsenal of armaments within eyeshot of Times Square in New York City. It tells of the purchase of bazookas, mortars, flamethrowers and rifles and so on, and I would like to, of course, commend CBS News for a public service, because it was a public service, and should be made a part of our record, and I so order it. (The transcript referred to was marked "Exhibit No. 137" and is as follows:) EXHIBIT No. 137 EXCERPT FROM THE "CBS EVENING NEWS WITH WALTER CRONKITE,” DECEMBER 21, 1964 CRONKITE. Thousands of copies of this sketch have been distributed by New York police. This man is wanted for questioning in the firing of a high-explosive shell at United Nations headquarters a week and a half ago. The weapon was a cut-down bazooka-aimed from across the East River-it fired a shell like this one-8 pounds, 18 inches long-it can carry almost 2 pounds of explosives. Fortunately, it fell harmlessly in the river. This duplicate shell was purchased by CBS News a few days ago. It was purchased for a reason. You may have wondered-as we did-how difficult it is to obtain these and even more powerful instruments of death. What sort of credentials are required? Well, the answer is: No credentials at all. David Lowe of "CBS Reports" has gone on a shopping spree-in New Yorkwithin 1 mile of the U.N. Building. Here's what happened. DAVID LOWE. Last Wednesday in a store on West 42d Street, in a transaction that took less than 30 minutes, we bought two bazookas, a 61-millimeter mortar, three teller mines, a flamethrower, and various inactivated shells. (Film-natural sound of purchase in store.) DAVID LOWE. When asked why we were buying enough equipment to supply a small army, we said they were for Christmas gifts. The next day we went to another military surplus goods store in downtown Manhattan. We asked for inexpensive rifles. The clerk made a phone call, told us they were available and we settled on a price of $11.50 each. A few minutes later we picked up the weapons from a wholesaler a block from City Hall. (Film, store.) CLERK. I checked them out, everything's OK. Got 10 rifles--right? NEWSMAN. Two, four, six, eight, nine, ten, eleven-we have one too many. Look, to carry that thing downstairs, if we each carry five, we should make it down safely. You got two boxes? Put five in a box, we'll each carry one. CLERK. Good, they're too small, actually NEWSMAN. Oh, let them stick out. DAVID LOWE. Thus, we added 10 Russian rifles to our collection. The same day at still another store on lower Broadway, we asked for an 81-millimeter mortar. The dealer was out of stock, but made a call to New Jersey. He then said he could sell the order. We paid for it, and were told it would be available the following morning at their branch store, again on 42d Street. At the appointed time, Neil Cunningham of CBS Reports picked up the weapon. (Film, silent.) DAVID LOWE. This mortar was made in Finland. And from the markings on the shipping container was imported by Interarmco Corp., one of the largest dealers in surplus military weapons in the world with headquarters in Alexandria, Va. On the banks of the Potomac across from Washington, Interarmeo has a complex of warehouses filled with thousands of guns and rounds of ammunition Dealers claim these type weapons we purchased are prized by gun fanciers and souvenir collectors. The fact remains that every one of the weapons we bought in New York City can be activated. Mr. Thomas McCool, an ordinance expert and consultant to law enforcement agencies, told us about the arsenal we bought in our weapon-shopping spree : THOMAS MCCOOL. This bazooka was made in Germany. It was used by the German Army; it was one of the early types. It was used to destroy tanks or armored vehicles. DAVID LOWE. Is this a similar-type weapon used in firing the shell to the United Nations? MCCOOL. Yes, this is a very similar type to the one that was used recently. This is one of the types of projectile that is used in the bazooka. It's a selfpropelling projectile, having a propellant charge in the rear of it which propels it as a rocket. The explosive head is in the front portion of it, and the detonating mechanism in the front portion of it-it is usually a shape charge meant to penetrate armor. DAVID LOWE. Would it be possible to make this shell operable? MCCOOL. Yes, with the proper propellant it would be possible to make it operable. DAVID LOWE. That mortar was purchased here in New York City. It is still an effective weapon as it stands there? MCCOOL. Yes, it is. It's quite an effective weapon. DAVID LOWE. At this point I would like to ask you about the grenades. MCCOOL. This grenade could be made into a dangerous weapon; with the proper explosives, the proper knowledge, this could be made into a very deadly weapon. DAVID LOWE. What would have to be done to make it into one? MCCOOL. It would be necessary to install a firing mechanism and use a burst ing charge in the grenade itself. DAVID LOWE. If you had the materials and the tools, how much time would it take you to turn this into a deadly weapon? MCCOOL. With the materials on hand, possibly a day at most. MCCOOL. Yes, this is the firing portion, the head of the flamethrower-the valves on it. It was a type used by the Army, one of the early types, used to destroy armored vehicles or entrenchments. Almost all of these could be activated by a person experienced or skilled in it, or possibly even by someone just giving it some thought, rather than having ordinance-type skills. DAVID LOWE. Whether sold as souvenirs or decorative items, the fact remains that bazookas, teller mines, mortars, flamethrowers, shells and assorted equip ment can be bought freely in New York City and other parts of the country. So if someone wanted to use a bazooka or mortar to shell the United Nations or be Capitol, that person with just a little knowledge of weapons and explosives could do so easily and effectively. This is David Lowe, CBS News. CRONKITE. We should make it clear that nobody involved in this report was violating the law; there is no law-to prevent or control-the sales of these "souvenirs." Senator Dopp. There are many others as well, and we will include many others as we move on in these hearings. Our next witness is Mr. Hardy Rickbeil. Mr. Rickbeil is chairman of the board for Rickbeil's Hardware, Inc., of Worthington, Minn., and a member of the board of directors of the National Retail Hardware Association. He has been in this hardware business for many years since 1920selling guns and ammunition for the past 40 years; and I believe he is accompanied by Mr. William Mashaw, executive vice president of the National Retail Hardware Association. We are glad you are here, gentlemen. And I know you have a statement, Mr. Rickbeil. STATEMENT OF HARDY RICKBEIL, MEMBER OF BOARD OF DIRECTORS, NATIONAL RETAIL HARDWARE ASSOCIATION, ACCOMPANIED BY WILLIAM G. MASHAW, EXECUTIVE VICE PRESIDENT, NATIONAL RETAIL HARDWARE ASSOCIATION Mr. RICKBEIL. Honorable Senator Dodd and members of the committee, we are very happy to be here today and have this opportunity to present the viewpoint of the retailer in guns and ammunition, and before I give my brief formal statement I would like to just take you to our store in Worthington, Minn., a town of 10,000, and mention that in our gun department there is a sign like this, and that before we sell any ammunition or guns to anyone under 18 years of age they must have a consent slip like this. Senator DODD. Good for you. Mr. RICKBEIL. And I think this is a very good thought. I brought one for each member of your committee. Senator DODD. I am glad you did, and we will put that in the record. It is a very commendable thing to do. (The documents referred to were marked "Exhibit No. 138" and "Exhibit No. 139" and are as follows:) EXHIBIT NO. 138-SIGN DISPLAYED IN HARDWARE STORE IN WORTHINGTON, MINN. Present this CONSENT SLIP for the purchase of Arms and Ammunition. To: RICKBEIL'S INC., Worthington, Minnesota, I hereby give permission to: (My Son) (My Daughter) Name To buy Age. 19. (List Arms and Ammunition Items) Signature of Parent or Guardian Address Chapter 616 of the Minn. Law covering the Sale of Arms and Ammunition reads as follows: "Subdivision 1. No person, in any city in this state, shall sell, give, loan, or in anywise furnish any firearm, or air gun, or ammunition, to a minor under the age of 18 years, with out the written consent of his parents or guardian, or of a police officer or magistrate of such city." To comply with the intent of this law a new CONSENT SLIP must be presented for every purchase made. EXHIBIT NO. 139-CONSENT SLIP REQUIRED BY ANYONE UNDER 18 YEARS OF AGF PRIOR TO PURCHASE OF GUNS OR AMMUNITION IN HARDWARE STORE IN WORTHINGTON, MINN. Mr. RICKBEIL. We feel that our State laws are very good in Minnesota, and that our safety education program is very good; and, of course, in our sporting goods department, we also have the license now from the Federal Government, which cost us $1, and which requires us to keep a record of every gun that we sell and to whom we sell it; and we have done this faithfully; and I am sure many of the other hardware dealers do this, and do what they can to abide by the law. Our viewpoint on this legislation, just briefly, before I make this statement, is that the committee is doing everything they can to keep ammunition and guns out of the hands of undesirables, and this we are for. But on the other hand, we feel that those who want guns and ammunition for sporting purposes should be able to get them in as easy a way as possible, but at the same time to some extent know where it is going, and, of course, we are doing that now, because any law enforcement officer is welcome to come into our store and look at the list of our sales. The other point I want to make is when a customer comes into our store invariably there is a trade-in, you see. I mean this complicates the movement of guns and the recordkeeping, so when we sell this trade-in gun we also report the model number and the serial number, and this becomes very important, and one other thing I want to mention, lest I overlook it, is the fact that in an area like ours there are many auction sales, and it isn't unusual for a farmer to sell six guns or more when he moves from Minnesota out to California, and this is a difficult thing to regulate. My formal statement for the hardware association; my name is Hardy Rickbeil, chairman of the board for Rickbeil's Hardware Inc., of Worthington, Minn. I am a member of the board of directors for the National Retail Hardware Association and I present this statement on behalf of the members of the association. |