INTERSTATE SHIPMENT OF FIREARMS FRIDAY, DECEMBER 13, 1963 U.S. SENATE, COMMITTEE ON COMMERCE, The committee met at 10 a.m. in room 5110, New Senate Office Building, Hon. Howard W. Cannon presiding. Senator CANNON. The committee will come to order. Today the Committee on Commerce will commence hearings on the subject of firearms control. It is the committee's intention to thoroughly study every aspect of this problem. In my view there are essentially two issues before the committee; namely, how can effective firearms control be achieved, and what are the respective responsibilities of the Federal, State, and local governments to insure control. In a broad sense this hearing, as all hearings, is designed to provide a forum for the free exchange of views in order that the problem be placed in proper perspective and that the solution be sound and reasonable. The committee welcomes all comments relative to the extent and scope of the firearms problem and suggested solutions. However, specific attention will be directed to the two bills which have been referred to the committee. Their basic objectives are described briefly as follows: The first bill, S. 1975, by Senator Dodd, would require a purchaser of a mail-order firearm to submit to the manufacturer or dealer a notarized statement to the effect that he is over 18 years of age and is not a convicted felon under indictment for a felony or a fugitive from justice and that there are no provisions of local law which preclude him from ordering or possessing a firearm. The purchaser would also be required to accompany his order to a dealer or manufacturer with a certificate from the chief law enforcement officer in his locality to the effect that to the best of the law enforcement officer's knowledge and belief, the statements made in the affidavit are true. Shippers of a firearm would be required to notify the carrier of the contents of the shipment. Common or contract carriers transporting the firearm would be prohibited from delivering the firearm to any person whom they knew or had cause to believe was not 18 years of age. Firearms of all size and description, including pistols, sporting rifles, et cetera, would be covered. Professional staff member assigned to these hearings: William T. Beeks. In addition, the bill would also incorporate certain technical and clarifying amendments to the act. The second bill, S. 2345, by Mr. Scott, would make it unlawful for a manufacturer or dealer to ship or for any person to order in interstate commerce any firearm unless the purchaser accompanies his order with a written certificate executed by a duly designated law officer of the State or locality in which he resides, which sets forth the following information: The purpose for acquiring the firearm, a description of each indictment or conviction for any crime subject to imprisonment for 1 year or more, any available information as to whether the purchaser is a fugitive from justice or which might be relative to his mental competence and stability and his reputation for law observance. The manufacturer or dealer would be required to retain the certificate for 10 years and to make their contents available to duly authorized law enforcement officers for inspection. The committee intends to explore this problem thoroughly. Every avenue of solution will be studied. But the solution must not be one conceived in hysteria, born of ignorance, intended to foster complacency and destined to futility. The solution must be total, not partial. It must be dictated by the voices of reason, not emotion. It must, to the extent practical, prevent the possession and use of firearms by the irresponsible, but in so doing should not unduly inconvenience or burden the responsible. Without objection, copies of the bills, S. 1975 and S. 2345, will be printed in full at this point in the record, reports received from the various Government agencies will be printed in the appendix. I should also like to insert into the record at this point a statement made by the chairman of this committee, the Honorable Warren G. Magnuson, at the time these hearings were announced. (The above-mentioned material follows:) S. 1975 IN THE SENATE OF THE UNITED STATES AUGUST 2, 1963 Mr. DODD (for himself, Mr. BAYH, Mr. ERVIN, Mr. FONG, and Mr. KEFAUVER) introduced the following bill; which was read twice and referred to the Committee on Commerce A BILL To amend the Federal Firearms Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Federal Firearms Act (52 Stat. 1250) is amended to read as follows: "That as used in this Act “(1) The term 'person' includes an individual, partnership, association, or corporation. "(2) The term 'interstate or foreign commerce' means commerce between any State or possession (not including the Canal Zone), or the District of Columbia, and any place outside thereof; or between points within the same State or pos session (not including the Canal Zone), or the District of Columbia, but through any place outside thereof; or within any possession or the District of Columbia. The term 'State' shall be held to include the Commonwealth of Puerto Rico and the District of Columbia. "(3) The term 'firearm' means any weapon, by whatsoever name known, which will, or is designed to, or which may be readily converted to, expel a projectile or projectiles by the action of an explosive, the frame or receiver of any such weapon, or any firearm muffler or firearm silencer. "(4) The term 'handgun' means any pistol or revolver original designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand. "(5) The term 'manufacturer' means any person engaged in the manufacture or importation of firearms for purposes of sale or distribution; and the term 'licensed manufacturer' means any such person licensed under the provisions of this Act. "(6) The term 'dealer' means (a) any person engaged in the business of selling firearms at wholesale or retail; (b) any person engaged in the business of repairing such firearms or of manufacturing or fitting special barrels, stocks, or trigger mechanisms to firearms, or (c) any person who is a pawnbroker. The term 'licensed dealer' means any dealer who is licensed under the provisions of this Act. "(7) The term 'fugitive from justice' means any person who has fled from any State, the District of Columbia, or possession of the United States, (a) to avoid prosecution for a crime punishable by imprisonment for a term exceeding one year; or (b) to avoid giving testimony in any criminal proceeding. "(8) The term 'pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the repayment of money loaned thereon. "(9) The term 'secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. "(10) The term 'indictment' includes an indictment or an information in any court of the United States, the several States, possessions, or the District of Columbia under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. "(11) The term 'crime punishable by imprisonment for a term exceeding one year' shall not include any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses, relating to the regulation of business practices as the Secretary may by regulation designate." SEC. 2. (a) Subsections (a), (b), (d), (e), (g), and (h) of section 2 of the Federal Firearms Act are amended by striking out the words "or ammunition" wherever they appear. (b) Subsection (d) of section 2 of said Act is amended by striking out the word "Territories". (c) Subsection (f) of section 2 of said Act is amended to read as follows: "(f) It shall be unlawful for any person who is under indictment or who has been convicted by any court of a crime punishable by imprisonment for a term exceeding one year, or who is a fugitive from justice, to receive any firearm which has been shipped or transported in interstate or foreign commerce." (d) Subsection (i) of section 2 of said Act is amended by striking out the words, "and the possession fo any such firearm shall be presumptive evidence that such firearm was transported, shipped, or received, as the case may be, by the possessor in violation of this Act." (e) Section 2 of said Act is amended by adding at the end thereof the following new subsections: "(j) It shall be unlawful for any manufacturer or dealer knowingly to deliver, or cause to be delivered, to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed dealers or manufacturers, any package or other container in which there is any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954, without written notice to the carrier that handguns or such firearms are being transported or shipped. "(k) It shall be unlawful for any common or contract carrier to deliver, or cause to be delivered, in interstate or foreign commerce any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954 to any person with knowledge or with reasonable cause to believe that such person is under eighten years of age. "(1) It shall be unlawful for any manufacturer or dealer to ship any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954 in interstate or foreign commerce to any person other than a licensed manufacturer or licensed dealer or person exhibiting a license as prescribed in subsection (c) of this section, unless the person to whom such handgun or firearm is to be so shipped has submitted to such manufacturer or dealer a sworn statement in such form and manner as the Secretary shall by regulation prescribe, attested to by a notary public, to the effect that such person (1) is eighteen years or more of age; (2) that he is not a person prohibited by this Act from receiving a firearm in interstate or foreign commerce; and (3) that there are no provisions of law, regulations, or ordinances applicable to the locality to which the handgun or firearm will be shipped, which would be violated by such person's receipt or possession of the handgun or firearm. It shall be unlawful for any person to cause to be transmitted by United States mail, or to cause to be transported in interstate or foreign commerce such a sworn statement which contains any false statement as to any material fact for the purpose of obtaining a handgun or such a firearm." SEC. 3. Section 3 of the Federal Firearms Act is amended to read as follows: "SEC. 3. (a) Any manufacturer or dealer desiring a license to transport, ship, or receive firearms in interstate or foreign commerce shall file an application for such license with the Secretary, in such form and containing such information as the Secretary shall by regulation prescribe. Each such applicant shall be required to pay a fee for obtaining such license as follows: "(1) If a manufacturer of firearms, a fee of $50 per annum; 66 '(2) If a dealer (other than a pawnbroker) in firearms, a fee of $10 per annum; or “(3) If a pawnbroker, a fee of $50 per annum. "(b) Upon filing by a qualified applicant of a proper application and the payment of the prescribed fee, the Secretary shall issue to such applicant the license applied for, which shall, subject to the provisions of this Act, entitle the licensee to transport, ship, and receive firearms in interstate or foreign commerce during the period stated in the license. Except that, no license shall be issued pursuant to this Act (1) to any applicant who is under twenty-one years of age; or (2) to any applicant, if the applicant (including, in the case of a corporation, partnership, or association, any individual possessing directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is prohibited by the provisions of this Act from transporting, shipping, or receiving firearms in interstate or foreign commerce. "(c) The provisions of section 2 (d), (e), and (f) of this Act shall not apply in the case of a licensed manufacturer or licensed dealer who is under indictment for a crime punishable by imprisonment for a term exceeding one year, provided that such manufacturer or dealer gives notice to the Secretary by registered or certified mail of his indictment within thirty days of the date of the indictment. A licensed manufacturer or licensed dealer who has given notice of his indictment to the Secretary, as provided in this subsection, may continue operations pursuant to his existing license during the term of such indictment, and until any conviction pursuant to the indictment becomes final, whereupon he shall be fully subject to all provisions of this Act and operations pursuant to such license shall be discontinued. "(d) Each licensed manufacturer and licensed dealer shall maintain such permanent records of production, importation, shipment, and other disposal of firearms as the Secretary may by regulation prescribe." SEC. 4. Section 4 of the Federal Firearms Act is amended to read as follows: "SEC. 904. EXEMPTIONS. (a) The provisions of this Act shall not apply with respect to the transportation, shipment, receipt, or importation of any firearms sold or shipped to, or issued for the use of (1) the United States or any department, independent establishment, or agency thereof; (2) any State, or possession, or the District of Columbia, or any department, independent establishment, agency, or any political subdivision thereof; (3) any duly commissioned officer or agent of the United States, a State, or possession or the District of Columbia or any political subdivision thereof; (4) to any bank, public carrier, express, or armored-truck company organized and operating in good faith for the transportation of money and valuables, which is granted an exemption by the Secretary; (5) to any research laboratory designated as such by the Secretary; or (6) to the transportation, shipment, or receipt of antique or unserviceable firearms other than a 'firearm' as defined in section 5848 (1) of the Internal Revenue Code of 1954, possessed and held as a curio or museum piece. "(b) Nothing contained in this Act shall be construed to prevent shipments of firearms to institutions, organizations, or persons to whom firearms may be lawfully delivered by the Secretary of Defense or his delegate, nor to prevent the receipt or transportation of such firearms by their lawful possessors while they are engaged in military training or in competitions." SEC. 5. (a) Subsection (b) of section 5 of the Federal Firearms Act is amended by striking out the words "or ammunition." (b) Subsection (b) of section 5 of said Act is further amended by striking out the words "title 26" where they first appear and inserting in lieu thereof the words "the Internal Revenue Code of 1954", and by striking out the words "section 2733 of title 26" and inserting in lieu thereof the words "section 5848 of said Code." SEC. 6. The amendments made by this Act shall become effective on the first day of the second month beginning after the date of enactment of this Act. SEC. 7. The Federal Firearms Act is amended by adding at the end thereof the following new section: "SEC. 10. Nothing in this Act shall be construed as modifying or affecting the requirements of section 414 of the Mutual Security Act of 1954, as amended, with respect to the manufacture, exportation, and importation of arms, ammunition, and implements of war." 88TH CONGRESS 1ST SESSION S. 1975 IN THE SENATE OF THE UNITED STATES NOVEMBER 27 (legislative day, NOVEMBER 26), 1963 Referred to the Committee on Commerce and order to be printed AMENDMENTS Intended to be proposed by Mr. DODD (for himself and Mr. FONG) to the bill (S. 1975) to amend the Federal Firearms Act, viz: On page 2, strike out lines 11 through 14. On page 2, line 15, strike out "(5)" and insert “(4)". On Page 5, line 5, beginning with “handgun” strike out all through "1954” in line 7 and insert "firearm". On page 5, line 8, strike out "handguns or such firearms are" and insert "a firearm is". On page 5, line 11, beginning with "handgun" strike out all through "1954" in line 13 and insert "firearm". On page 5, beginning with line 16, strike out all through line 14 on page 6 and insert the following: "(1) It shall be unlawful for any manufacturer or dealer to ship any firearm in interstate or foreign commerce to any person other than a licensed manufacturer or licensed dealer or person exhibiting a license as prescribed in subsection (c) of this section, unless the person to whom such firearm is to be shipped has submitted to such manufacturer or dealer "(1) a sworn statement in such form and manner as the Secretary shall by regulations prescribe, attested to by a notary public, to the effect that (A) such person is eighteen years or more of age, (B) he is not a person prohibited by this Act from receiving a firearm in interstate or foreign commerce, and (C) there are no provisions of law, regulations, or ordinances applicable to the locality to which the firearm will be shipped which would be violated by such person's receipt or possession of the firearm; and |