GENERAL SERVICES ADMINISTRATION, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: Your letter of February 23, 1965, requested the views of the General Services Administration on S. 1180, 89th Congress, a bill to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license. The purpose of the bill is to prohibit the importation of a firearm into the United States without a license issued by the Secretary of the Treasury or the receipt by any person of a firearm imported in violation of the provision. Inasmuch as section 4 of the Federal Firearms Act (52 Stat. 1252), as amended, would continue to exempt the United States, any department, independent establishment, or agency thereof from the provisions of the legislation, GSA has no comments as to the desirability of the proposed measure from the viewpoint of its responsibilities and functions with respect to the furnishing of arms and ammunition for its public buildings protection forces, nor with respect to the furnishing of transportation and traffic management services on behalf of executive agencies. The enactment of the proposed measure would not affect the budgetary requirements of GSA. The Bureau of the Budget has advised that, from the standpoint of the administration's program, there is no objection to the submission of this report to your committee. DEAR MR. CHAIRMAN: Reference is made to your requests for the views of this Department on S. 14 and S. 1180, bills to amend the Federal Firearms Act. On March 12, 1965, the Secretary of the Treasury transmitted to the President of the Senate draft legislation to amend the Federal Firearms Act. The draft legislation is designed to implement certain recommendations of the President with respect to firearms control contained in his message of March 8, 1965, relating to law enforcement and the administration of justice. This legislation has been introduced as S. 1592 and referred to the Committee on the Judiciary. In the circumstances, the Department recommends favorable consideration by the Congress of S. 1592 in lieu of action on the foregoing bills. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely yours, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, FRED B. SMITH, Acting General Counsel. GENERAL SERVICES ADMINISTRATION, DEAR MR. CHAIRMAN: Your letter of January 14, 1965, requested the views of the General Services Administration on S. 14, 89th Congress, a bill "to amend the Federal Firearms Act." The purpose of the bill is to prohibit the shipment in interstate commerce by common carriers of mail-order firearms to persons under the age of 18 years, or persons under indictment for or convicted of a felony. Inasmuch as section 4 of the Federal Firearms Act (52 Stat. 1252), as it would be amended by the enactment of this bill, would continue to exempt the United States, any department, independent establishment, or agency thereof from the provisions of the legislation, GSA has no comments to make on the desirability of the measure from the viewpoint of its functions with respect to the furnishing of arms and ammunition for its public buildings protection forces, nor with respect to the furnishing of transportation and traffic management services on behalf of executive agencies. Section 5(b) of the bill would amend section 5(b) of the Federal Firearms Act, as amended (64 Stat. 3), which refers to GSA's authority to dispose of forfeited firearms, by striking a reference to a section in the Internal Revenue Code of 1939 and inserting in lieu thereof a reference to the corresponding seetion of the Internal Revenue Code of 1954. However, section 5(b) of S. 14 erroneously refers to language of the code rather than of the Federal Firearms Act, and it is suggested that the said section 5(b) be amended to read: "(b) Subsection (b) of section 5 of said Act is further amended by adding 'of 1954' after the words 'the Internal Revenue Code' where they first appear, and by striking out the reference 'section 2733' and inserting in lieu thereof the reference 'section 5848'." Insofar as the bill, subject to the foregoing amendment, would clarify GSA authority with respect to the disposal of firearms forfeited as a result of violations of the said act, GSA recommends the enactment of the proposed legislation. The enactment of the proposed measure would not affect the financial requirements of GSA. The Bureau of the Budget has advised that, from the standpoint of the administration's program, there is no objection to the submission of this report to your committee. Sincerely yours, LAWSON B. KNOTT, Jr., Administrator. FEDERAL AVIATION AGENCY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in reply to your request of January 14, 1965, for a report on S. 14, a bill "to amend the Federal Firearms Act"; your request of February 23, 1965, for a report on S. 1180, a bill "to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license"; and your request of May 14, 1965, for a report on S. 1965, a bill "to amend the Federal Firearms Act." From the standpoint of aviation, it is conceivable that these bills may make a long-range contribution to the safety of flight. They may provide a measure of assistance in preventing the commission aboard aircraft of certain criminal offenses set forth in title IX of the Federal Aviation Act such as aircraft piracy and interference with flight crew members. However, another bill, S. 1592 has been recommended by the administration as the best measure for the control of firearms, and we therefore support its enactment. The Bureau of the Budget has advised that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely, (Signed) WILLIAM F. MCKEE, Administrator. DEPARTMENT OF THE ARMY, Washington, D.C., July 30, 1965. Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense on S. 1965, 89th Congress, a bill "to amend the Federal Firearms Act." The Department of the Army has been assigned responsibility for expressing the views of the Department of Defense on this bill. The primary purpose of the bill, as stated by the sponsor, is to prohibit interstate traffic of handguns for delivery to persons under 18 years of age. The Department of the Army, on behalf of the Department of Defense, has considered the bill and finds that no function of the Department of Defense will be impaired by the enactment thereof. Accordingly, the Department of Defense defers to the views of more interested Federal agencies. It is also pointed out that the Secretary of the Army, representing the Department of Defense, appeared as a witness before the Subcommittee on Juvenile Delinquency on May 19, 1965, supporting enactment of S. 1592, a bill to amend the Federal Firearms Act. In addition, the Secretary of Defense, in his letter to the chairman of the mentioned subcommittee designating the Secretary of the Army as the departmental witness, not only stated that the Department of Defense strongly recommends enactment of S. 1592, but also added his deep, personal conviction about the desirability of the legislation. Enactment of this legislation will cause no apparent increase in budgetary requirements of the Department of Defense. This report has been coordinated in the Department of Defense in accordance with procedures established by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the administration's program, there is no objection to the presentation of this report for the consideration of the committee. DEAR SIR: Enclosed is a copy of the report from the Post Office Department on S. 14, introduced by you. With best wishes, I am, WARREN G. MAGNUSON, Chairman. OFFICE OF THE POSTMASTER GENERAL, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to the request for comments concerning the bill S. 14, which would amend the Federal Firearms Act to curtail the shipment in commerce and the delivery by common carrier of firearms to certain persons. Since the tragic assassination of our late President, there has been increased concern over the ease with which criminals and other unstable persons are able to obtain firearms. The Post Office Department has for many years administered the postal statute which limits the mailing of pistols, revolvers, and other firearms capable of being concealed on the person (18 U.S.C. 1715). While this is an effective statute for its intended purpose, firearms dealers, nevertheless, can evade the provisions of the law by shipping the so-called mail-order firearms via common carrier. Consequently, despite this Department's vigorous administration of such law, there is easy access to mail-order firearms by means of transportation outside the mails. A number of bills have been introduced in prior Congresses to amend the Federal Firearms Act (title 15, ch. 18, U.S.C.; 52 Stat. 1250) with the purpose of eliminating the sale of weapons between the States for criminal purposes. The Post Office Department has had no direct part in the enforcement of the Federal Firearms Act, but I wish to join the many private citizens who are anxious to see steps taken to remove the gun from the hand of the criminal; and the postal service, although not charged with enforcement of the Federal Firearms Act, stands ready to provide every assistance it can to the other agencies involved in the effort to achieve our common goal of obtaining close restriction of the distribution of firearms. S. 14 would make it a crime to send a firearm in interstate commerce to a private individual unless he exhibits a State license (where the State law provides for issuance of such a license) or files the prescribed affidavit attested to by a notary public. While we believe S. 14 to be a step toward the objective desired, we prefer the enactment of S. 1592 because of its more complete prohibitions against interstate shipment of firearms and its restrictions as to rifles, shotguns, and handguns. The Bureau of the Budget has advised that from the standpoint of the administration's program there is no objection to the submission of this report to the committee. Sincerely yours, (Signed) JOHN A. GRONOUSKI, Postmaster General. STATEMENTS SUBMITTED FOR THE RECORD U.S. SENATE AND HOUSE OF REPRESENTATIVES STATEMENT OF SENATOR JOHN SHERMAN COOPER, OF KENTUCKY Mr. Chairman and members of the committee, I appreciate very much this opportunity to submit my views on S. 1592, the administration's bill to amend the Federal Firearms Act of 1938. I hope that my comments and suggestions may prove helpful in the event the committee acts upon S. 1592. At the outset, I wish to express my high regard for the chairman of the subcommittee, the senior Senator from Connecticut, Mr. Dodd, who has introduced the administration bill following the President's message to the Congress on crime, and who has conducted these hearings. We all know Senator Thomas J. Dodd as a man of courage and tenacity, as a fighter who is not afraid to come to grips with difficult problems. His work and that of the subcommittee have been of great value in setting forth the nature and scope of the problems surrounding juvenile delinquency and the increasing rate and violence of crimeincluding problems arising from the misuse of mail-order firearms and abuses in the distribution of war-surplus weapons. There is evidently widespread and general support for action to bring to an end the cheap and easy acquisition of firearms by juveniles and criminals-which testimony before this subcommittee indicates has resulted in large part from the retail sale of firearms by interstate mail order, and from the wholesale importation of all manner of castoff military weapons. There is disagreement on the means to be used, but I think the testimony before this committee shows the need of regulating mail-order traffic in guns, and to curb the flood of deadly war-surplus devices. The administration bill, S. 1592, proposes to accomplish this principal purpose by sharply restricting imports, and by channeling the interstate sale of firearms through licensed importers, manufacturers, and wholesalers to local retail dealers in each State-who have the ability and responsibility of knowing who their customers are. But aside from its general approach to the problem, the bill is so tightly drawn that it has aroused wide concern-a concern I believe justified by several of its present provisions. Questions have been raised as to whether its specific terms will be unduly restrictive, and whether it would permit Federal regulation of a kind that could discourage the private ownership and use of firearms for hunting and sport, for education and training in marksmanship, for collecting, or for personal defense. I realize there is misunderstanding and some misinformation about the bill and I know it is not the intention of the chairman or this committee to interfere with the legitimate activities and interests of hunters and sportsmen, farmers, rifle, and pistol and skeet and trap clubs, collectors or simply .22-caliber plinkers or firearm enthusiasts. (In this connection, I would like to offer for the bearing record my letter to Senator Dodd of July 16 and his reply of July 22, and the statement I heard delivered in the Senate by one of the cosponsors of the bill who is also a member of the subcommittee, the Senator from Maryland, Mr. Tydings. The intent and purpose of the administration are expressed in the statement for the Department of Justice before this subcommittee on May 19 of the chief law enforcement official of the United States, Attorney General Nicholas deB. Katzenbach, and for the Department of the Treasury before the House Ways and Means Committee on July 12 by the Commissioner of Internal Revenue, Sheldon S. Cohen, who administer the act.) Nevertheless, after reading S. 1592, I believe that if it comes before the Senate there are several provisions which need to be clarified, and other points at which safeguards must be provided to protect the legitimate interests and convenience of the large law-abiding public which owns and enjoys the proper use of firearms. I will direct my testimony today to eight specific points in the bill. In order to give substance to the objections I have found, I have drafted corrective amendments. 1. ANTIQUE FIREARMS The Kentucky long rifle, flintlocks, percussion cap muzzle loaders, and other antique firearms are now found in all kinds of shops which are not regular firearms dealers, and ought not be licensed by this act. Collectors have expressed concern that the sale and shipment of these antiques would be restricted by S. 1592. My first amendment would exclude from the definition of "firearm" and of "destructive device," and hence from the operation of the act, any weapon manufactured prior to 1866. Except for automobiles, I think an antique is generally defined as an item over 100 years old. I point out that this definition would include not only the pioneer weapons, but also those used during the Civil War. The committee may wish to consider refinements, but I suggest that exclusion of all firearms manufactured prior to the close of the Civil War would make it plain that no one need worry about compliance with the Federal Firearms Act in buying, selling, trading, or shipping any of these venerable museum pieces. 2. AMMUNITION RELOADING BY GUN CLUBS Skeet and trap clubs engaged in reloading shotgun shells would not be affected by the bill, for shotgun ammunition is excluded from its provisions by its omission from the definition in paragraph 15 of section 1. However, it appears that the reloading of rifle and pistol ammunition has become popular in recent years, and I understand that many rifle and pistol target shooting clubs are concerned that they might be subject to the $500 license fee which the bill would impose on manufacturers selling ammunition. The Department of the Treasury has said: "It is not intended that a gun club which merely reloads as a service for its own members be considered to be a manufacturer for the purpose of this act." My second amendment would simply add that provision to paragraph 8 of the bill which defines "manufacturer." 3. REPAIR AND SERVICING OF FIREARMS This bill is not directed to firearms already held by thousands of citizens in every State. It is directed to importation and interstate sale, not ownership and For this reason, it seems to me beyond the scope of the bill to restrict in any way the repair and service of firearms already owned, or purchased in the future by individuals. use. Subsection 2(a)(3) of the bill provides an exception for the interstate shipment of a shotgun, rifle, pistol, or revolver to a licensed importer, manufacturer, or dealer, but only for "authorized service," which is unclear, and under conditions to be prescribed by the Secretary of the Treasury. My third amendment is designed to insure that the bill not interfere with shipment for repair and service to qualified gunsmiths or dealers. A related problem concerns small gunsmiths, who may be retired firearms enthusiasts who fit special barrels, stocks, or trigger mechanisms from time to time. I understand that the definition of "dealer" in clause (b) of paragraph 9 of section 1 includes a person engaged in this business, which may be necessary under the provisions of the bill so that he may have access to parts direct from manufacturers. But in any event, I believe gunsmiths who are not engaged in the business of selling firearms ought to be licensed at a nominal fee, for again this work deals with the maintenance and use of firearms already in owners' hands, which it is not the purpose of the bill to regulate. (Included in amendment 5.) |