མ་ 3 Subsection (i) Subsection (i) of the act as contained in the bill is a new provision. Existing law (15 U.S.C. 902(i)) makes it unlawful for any person to transport, ship, or knowingly receive in interstate or foreign commerce, any firearm from which the manufacturer's serial number has been removed, obliterated, or altered. Under the statutory authority to prescribe regulations to carry out the povisions of the act (15 U.S.C. 907), the Secretary has prescribed regulations requiring the identification of firearms (26 CFR 177.50). Subsection (i) would include in the act -specific statutory authority for the Secretary to require licensed importers and licensed manufacturers to identify firearms in the manner prescribed by regulations. Section 4 Section 4 of the act as contained in the bill is a estatement of existing law (15 U.S.C. 904). However, the section as contained in the bill eliminates certain of the exceptions in existing law. Section 4 of the act as contained in the bill contains the exception in existing law (15 U.S.C. 904) applicable in respect to transportation, shipment, receipt, or importation of firearms or ammunition imported for, or sold or shipped to, or issued for the use of (1) the United States or any department, independent establishment, or agency thereof, or (2) any State or possession, or the District of Columbia, or any department, independent establishment, agency, or any political subdivision thereof. Such transactions are completely exempt from all provisions of the act. The exemptions in existing law for certain nongovernmental activities have been omitted. Such omission does not mean that firearms or ammunition cannot be shipped to, or procured by, the omitted persons. It merely means that the omitted persons will be required to obtain firearms and ammunition from licensees and that the proper records of transactions must be maintained. Section 5 No change has been made in subsection (a) of section 5 of the act relating to penalties. However, subsection (b) of section 5 of the act as contained in the bill is a restatement and revision of existing law (15 U.S.C. 905(b)). This subsection would extend the existing forfeiture provisions of the Federal Firearms Act, which provide for the forfeiture of firearms and ammunition involved in violations of the act to cover firearms and ammunition "involved in, or used or intended to be used in," violation of the act or of certain provisions of title 18 of the United States Code pertaining to threats to, or assaults on, law enforcement officers, members of the judiciary, the President, the Vice President, etc. Under existing law, firearms involved in violations of the Federal Firearms Act (15 U.S.C. 901 et seq.) or the National Firearms Act (26 U.S.C. ch. 53) are subject to forfeiture. However, these provisions are inadequate to cover many cases involving firearms used in offenses against the laws of the United States pertaining to assaults on, or threats against, law enforcement officers and public officials. The procedures applicable to seizure, forfeiture, and disposition would be the same as for firearms seized for violation of the Federal Firearms Act (i.e., the provisions of the Internal Revenue Code of 1954, applicable in respect of National Firearms Act firearms, would apply). The enactment of this provision is deemed to be clearly a matter in the national interest. Section 6 Section 6 of the bill would renumber sections 6, 7, 8, and 9 of the Federal Firearms Act as sections 8, 9, 10, and 11, respectively, and insert after section 5 two new sections. The new section 6 would provide for the relief of convicted persons under certain conditions. This section would not apply if the crime involved the use of a firearm or other weapon or a violation of the Federal Firearms Act or the National Firearms Act. Otherwise, the Secretary could grant relief from the disabilities incurred under the act by reason of a conviction if it was established to his satisfaction that the circumstances regarding the conviction and the ap plicant's record and reputation were such that the applicant will not be likely to conduct his operations in an unlawful manner and that the granting of the relief would not be contrary to the public interest. The new section 7 of the act as contained in the bill relates to the applicability of other laws. This section is merely for the purpose of making it completely clear that nothing in the Federal Firearms Act shall be construed as modifying or affecting any provision of the National Firearms Act, section 414 of the Mutual Security Act of 1954, or section 1715 of title 18 of the United States Code. Also subsection (b) makes it clear that nothing in the Federal Firearms Act is intended to confer any right or privilege to conduct any business contrary to the law of any State, or to be construed as relieving any person from compliance with the law of any State. Section 7 Section 7 provides that the amendments made by this act shall become effective on the date of the enactment of the act, except that the amendments made by section 3 to section 3(a) of the Federal Firearms Act would not apply to any importer, manufacturer, or dealer licensed under the Federal Firearms Act on the date of the enactment of the act, until the expiration of a license held by such manufacturer, importer, or dealer on such date. In effect, this would mean that a licensee would not have to obtain a new license until his existing license expired. Senator DODD. We will have to recess the hearings now because we are not allowed to continue this afternoon while the Senate is in session. Tomorrow morning we will hear from Senator Robert F. Kennedy: Robert N. Margrave, Director, Office of Munitions Control, Department of State; Thomas C. Lynch, attorney general, State of California; Capt. Merton W. Howe, commander, Robbery Division, Department of Police, Los Angeles, Calif.; Sgt. Jesse Gonzalez, Robbery Division, Department of Police, Los Angeles, Calif. You ought to hear these people. They are good people and I do not see why we cannot get a decent piece of legislation that we can all agree on. I doubt that any serious-minded person would argue there is no need for remedial legislation. We will recess now until tomorrow morning at 9:30. (Thereupon, at 12:30 p.m., the subcommittee recessed, to reconvene at 9:30 a.m., Thursday, May 20, 1965.) FEDERAL FIREARMS ACT THURSDAY, MAY 20, 1965 U.S. SENATE, SUBCOMMITTEE ON JUVENILE DELINQUENCY OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee (composed of Senators Dodd, Hart, Bayh, Burdick, Tydings, Hruska, Fong, and Javits) met, pursuant to recess, at 9:30 a.m., in room 318, Old Senate Office Building, Senator Thomas J. Dodd, presiding. Present: Senators Dodd, Burdick, and Javits. Also present: Carl L. Perian, staff director; and William C. Mooney, chief investigator. Senator DODD (presiding). The committee will come to order. We have as our first witness Senator Robert Kennedy, who knows a great deal about the firearms problem. Senator Kennedy. STATEMENT OF HON. ROBERT F. KENNEDY, A U.S. SENATOR FROM THE STATE OF NEW YORK Senator KENNEDY. Mr. Chairman and members of the subcommittee, I am grateful for the opportunity to testify today on a matter of deep national interest. Regulation of the sale of firearms is, in my judgment, essential for the safety and welfare of the American people. Every year, thousands of Americans are murdered by firearms5,090 in 1964 alone. The great majority of these deaths would not have occurred if firearms had not been readily available. For the evidence is clear that the availability of firearms is itself a major factor in these deaths. One out of every 20 assaults with a weapon in the United States in 1963 resulted in death. Where firearms were used, however, one out of every five assaults resulted in the death of the victim. Of the 225 law-enforcement officers who have been killed by criminals in the last 4 years, 216-95 percent-have been killed by firearms. Of the weapon users responsible for these deaths, 73 percent had been convicted of crimes before acquiring the murder weapon. This bill would meet the firearms problem in a moderate and careful fashion. It would restrict the interstate shipment of firearms to manufacturers, dealers, and importers, thus eliminating the present flow of 1 million inexpensive mail-order weapons annually. Many of these guns go to juveniles, persons with criminal records, and emotionally unstable persons. 87 It would prohibit the retail sale of firearms to youths, or to persons not resident in the State of purchase thus helping States to enforce their own firearms regulation. It would sharply curtail the importation of foreign military surplus weapons, which account for the bulk of the cheap mail-order trade, and the bulk of the large-caliber weapons sold in the United States. Basically, this bill would only subject deadly weapons to the same control we have always imposed on automobiles, liquor, or prescription drugs. The use and sale of these things are carefully regulated by Federal, State, and local governments. The same should be true of firearms. S. 1592 would impose necessary controls. It would make State and local law enforcement more effective, and safeguard policemen in the exercise of their duties. And it would accomplish these ends without unduly curtailing the use of firearms for legitimate sport shooting or hunting, and without curtailing the lawful activity of sport gun clubs. Nevertheless, the Nation, Congress, and sportsmen have been subjected to a massive publicity campaign against this bill. I might say, Mr. Chairman, that by far, the greatest amount of mail that I have received as a U.S. Senator has come in connection with this bill, and in opposition to this bill in an organized campaign which in my judg ment, is against the best interests of the people of this country. This campaign has distorted the facts of the bill and misled thousands of our citizens. Those responsible for this campaign place their own minimal inconvenience above the lives of the many thousands of Americans who die each year as the victims of the unrestricted traffic in firearms. The campaign is doing the Nation a great disservice. I think the responsibility for that campaign and the implications of it should be taken into consideration by those who are behind it, Mr. Chairman. Senator DODD. I thoroughly agree with you, Senator. Senator KENNEDY. The national interest will be served by the speedly enactment of S. 1592. I support every one of its provisions. During its deliberations, I would urge the subcommittee to consider also ways by which the private arsenals of secret groups-such as the Ku Klux Klan, the Black Muslims, and the so-called Minutemencould be curtailed and eliminated. At a minimum, all weapons in the possession of these organizations or members of these organizations should be registered. Further, all large-caliber heavy weapons should be removed from private hands. Private citizens have no need of antitank guns, mortars, or machineguns. And I would also urge all citizens, and all State and local authorities, to take every appropriate step to control the sale and possession of firearms in their own communities. Without that action, this bill will not be nearly as effective as it should be. We have a responsibility to the victims of crime and violence. It is a responsibility to think not only of our own convenience but of the tragedy of sudden death. It is a responsibility to put away childish things to make the possession and use of firearms a matter undertaken only by serious people who will use them with the restraint and maturity that their dangerous nature deserves and in my judg ment demands. For too long, we have dealt with these deadly weapons as if they were harmless toys. Yet their very presence, the ease of their acqui sition and the familiarity of their appearance have led to thousands of deaths each year-and to countless other crimes of violence as well. With the passage of this bill, we will begin to meet these responsibilities. It is a necessary bill, and I urge its immediate enactment. It would save hundreds of lives in this country and spare thousands of families all across this land the grief and heartbreak that may come from the loss of a husband, a son, a brother, or a friend. It is past time that we wipe this stain of violence from our land. I thank you, Mr. Chairman. Senator DODD. Senator Kennedy, that is a very strong statement. I feel that you have had a lot to do with this bill. I am glad to say publicly that your counsel and advice was of tremendous importance to the members of the subcommittee. With your experience as Attorney General and your knowledge of this problem, I think there is not anyone in the Senate that knows more about it. So we are very grateful to you for appearing here this morning and making this splendid statement. Senator KENNEDY. Thank you, Mr. Chairman. Mr. Attorney General, once again, I will say that I am grateful to for appearing as well as the other witnesses who have come. you Mr. Lynch is the attorney general of the State of California. He has had more than 30 years of experience in law enforcement work. He served on Federal, State, and local levels, and was assistant district attorney, San Francisco, and he headed a long series of prosecutions that rid that city of organized crime. He is a recognized expert in the field of law enforcement and he directs the entire law enforcement of the whole State of California. So we want to hear your views on this bill, Mr. Attorney General. STATEMENT OF THOMAS C. LYNCH, ATTORNEY GENERAL, STATE OF CALIFORNIA Mr. LYNCH. Thank you, Senator, and members of this subcommittee. I appear here as the chief law officer of our Nation's most populous State and I will say right at the outset that I heartily endorse S. 1592. From the viewpoint of California law enforcement, these are critical items of Federal legislation. It provides a suitable framework within which each State can work out its own particular problems. As a State official, this is most important to me. It is aimed at many of the firearm hazards encountered in our State: Uncontrolled interstate and foreign commerce, easy availability of cheap foreign weapons, dangerous uncontrolled mailorder commerce between dealers and individuals, easy access to Federal dealer's licenses. Yet, most importantly, it sets up guidelines which will allow California to determine its own course in these matters. To illustrate the problem facing California simply in terms of numbers: more than 212 million concealable firearms are now registered with the State department of justice; 101,000 were registered last year alone. A single mail-order firm in Los Angeles shipped 641 handguns to California residents in 1963. |