The CHAIRMAN. Now, I think a lot of confusion has been caused in this matter when we talk about guns. I think a lot of people are talking about pistols and weapons which can be concealed. Others are thinking about weapons that are not concealed-hunting rifles, and so forth. Now this is one of the difficult problems in this field. Mr. BENNETT. Yes, sir; but it is not too difficult. We can cover it with definitions. The CHAIRMAN. I think that most communities and cities do require, if you say you want to keep a pistol in your home, that it be registered; isn't that correct? Mr. BENNETT. I wouldn't say that is the majority of them. I would say some of them. The CHAIRMAN. Some of them? Mr. BENNETT. Yes, sir. The CHAIRMAN. If I want to go out and buy a shotgun, which can't be concealed, hardly, unless it is in your own home, to go out hunting ducks, how do you treat that problem? Mr. BENNETT. You write that out of the definition of firearms. You wouldn't have that included in the definition of firearms. The CHAIRMAN. In any event there has to be some clear definition of what guns we are talking about. Mr. BENNETT. Talking about specific kinds. The CHAIRMAN. There is a great deal of difference. Mr. BENNETT. That is right, of, yes, and, of course, these guns, some of them can be converted from their original purpose, but if they are converted, shotgun sawed off, or something of that kind is converted, then it would come under the definition of the act and make it possible for the police to prosecute these people. The CHAIRMAN. All kinds of lethal weapons; you don't necessarily pick on guns. Mr. BENNETT. Except guns of all kinds. The CHAIRMAN. We have seen the exhibits you have some of the most ingenious lethal weapons I have ever seen. Mr. BENNETT. That is right; yes, sir. But if we can start, if we can seize those guns, the police can seize them, we can begin to prosecute the dealers and that sort of thing, take away their license and we can make some inroads. Now we are not going to solve this problem overnight and no single law is going to solve it, but we need a beginning. We need something here that will encourage people. I think I can speak for a number of organizations that would support a law of this kind, but if the committee would like to have me do so, I will try to get some data from some of these organizations of law enforcement officials and others who are in favor of legislation of this type. The CHAIRMAN. We would appreciate that. I would like to have it put in the record the chart you have on State laws. Mr. BENNETT. Yes, sir. The CHAIRMAN. Thank you very much, Mr. Bennett. 132 (Attachments to Mr. Bennett's prepared statement follow :) SHOOTER'S BIBLE, 55 RUTA COURT, SOUTH HACKENSACK, NEW JERSEY PISTOL LAWS OF ALL STATES REPRINTED FROM THE NOVEMBER 1956 EDITION OF As a service to handgun owners, dealers & peace officers. ILLINOIS INDIANA Tes to carry on per. $1, from Suat No legal provisions for licenses permits, or honoring ailors' parmits. Low merely forbids carrying of pistol concealed on person (or in vehicle if Yes, with permi: (200 Yes, with permit (sea No. Visitor subject to Bogol on 'gomebirds RANSAS KENTUCKY LOUISIANA No charge from Com. Bota lows forbid corrying of priol consoled on person, or possession by mine's No provisions for licenses, permits, er honoring visitors' home low merely forbids carrying of concealed deadly weapons Applies also to carrying in vehicle. If pistol is in pocket of car, it is illegal. If open to view No, but any transfer No MAINE MARYLAND MASSACHUSETTS No legal provisions for licenses, or permits, or honering visitors' home permits. Low merely forbids carrying of pistel in vehicle, or concealed on MICHIGAN village cherif else. where Handgun must then go to chief or sherif Laws don't prohibit on sset of car, it is legal. Yes, but 22 ilegal in hunting deer. Low only prohibits e 22 on deer Yes, but possession of Yes, for rabbits, squir Yes, for nonmigratory gamebirds and mam. mols in secsen, excopt door. Pistel larger than 30 legal at night Yes, except for deer State low forbids carrying of pistol concealed in vehicle or on person, or possession by cliens, or by persons under 14 unless accompanied by NEW MEXICO NEW YORK WORTH Yes (unless buyer has Yes, to carry con. Yes, to carry in ve. No charge from Resident 50c, from la $3. from judge of Primary city may prohibit City of first stass Yes, with permit ise Yes, with permit iste You with permit 100 Not covered by law. Yes, barring 22 cali Yes, with permit (see Yes, with permit 100 Not covered by law. No Law forbids carrying of pistol in settlements”, also forbids carrying of concealed weapon, or carrying at a corrie roundup or in a national park Coupon issued with Yes, 30, from clora Corrying pistol concealed on person is banned. No provisions for licenses, permits, or honoring of visitors home permits may as residen for issuing 4 Dak Visitors fransar target No legal provisions for licenses, permits, or honoring of visitors home permits. Low merely forbids carrying of pistol concealed an persan ar in OHIO OKLAHOMA egal to carry on big game hunt. Legal only for nangam ani mols and certain fur. searers in seasan Ilegal for dear Legal on small game Legal only on squir Auto and semiauta Not specified. Appar- Attorney General may issue permit in case of No legal provisions for licensas, permits, or honoring of visitors permits Law merely forbids carrying of pistol an person concecled or not! enceph No Law forbids sale of any pistai, also carrying with intent to go ormed" of any pistol (concealed or not! except Army or Navy psra! openly in Law prohibits carrying, except on own premises or while traveling. No provision for license but purchaser must present certificate of good char No I laws dan prohibit, except in some coun. ries west of the Pecos River and in Panhandle where 22 rimfires are banned Yes. but msitar must Na legal provisions for licenses, permits, or honoring visitors' home permits. Law merely forbids carrying of pistol for criminal purposes, ar pos101- Law forbids carrying concealed without permission from judge of corporation or circuit court renew annually' Person going armed may be State law forbids carrying of pistol concealed on person, and possession by minors or intoxicated persons, also provides that person going armed Only on rabbits and Yes, unless classifed legal on any game bird or animal Legal only on all spe. Yes if bonded (100 Properly licensed hunter, 21 years or mara, may use .22 rimfire hand gun on squirrels, rebrac COBAL WYOMING No legal provisions for licenses or permits. Law merely forbide carrying of pistol concealed on person. But visitor's home-state permit will be honored. No [U.S. Treasury Department, Internal Revenue Service, Publication No. 417 (Rev. 12-62)] INTERSTATE TRAFFIC IN FIREARMS AND AMMUNITION (FEDERAL FIREARMS ACT) Part 177 of title 26, Code of Federal Regulations TITLE 26-INTERNAL REVENUE 1954 CHAPTER I-INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY Subchapter E-Alcohol, Tobacco, and Other Excise Taxes PART 177-INTERSTATE TRAFFIC IN FIREARMS AND AMMUNITION On May 3, 1957, notice of proposed rule making regarding the regulations under the Federal Firearms Act (U.S.C., Title 15, Chapter 18) was published in the FEDERAL REGISTER (22 F. R. 3153). On July 10, 1957, notice of hearing regarding the proposal to amend and reissue regulations relating to interstate traffic in firearms and ammunition (26 CFR Part 177) was published in the FEDERAL REGISTER (22 F. R. 4851). A public hearing regarding the proposals was held on August 27 and 28, for the purpose of receiving oral testimony. After consideration of all such relevant matter as was presented by interested persons regarding the rules proposed, the following regulations are hereby adopted: 177.101 Seizure and forfeiture. 177.102 Disposition after forfeiture. AUTHORITY: 88 177.1 to 177.102 issued under sec. 7, 52 Stat. 1252; 15 U.S.C. 907. Statutory provisions interpreted or applied are cited to text in parentheses. SUBPART A-INTRODUCTORY § 177.1 Scope of regulations—(a) In general. The regulations contained in this part relate to the traffic in firearms and ammunition under the Federal Firearms Act, as amended, and supersede Regulations 131 (26 CFR (1939) Part 315). (b) Procedural and substantive requirements covered. This part contains the procedural and substantive requirements relative to: (1) The licensing of manufacturers (including importers) of, and dealers in, firearms or ammunition; (2) The conduct of business by licensees; (3) The records required to be maintained by licensees; (4) Interstate traffic in firearms and/or ammunition by persons specifically exempted from the provisions of the Federal Firearms Act; and to (5) Prohibited acts generally. (c) Relation to other provisions of law. The provisions of this part are in addition to, and not in lieu of, any other provision of law, or regulations, respecting traffic in firearms or ammunition. For regulations applicable to traffic in machineguns and certain other firearms, see Part 179 of this subchapter. For regulations applicable to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war under section 414 of the Mutual Security Act of 1954, see 22 CFR Part 75. $177.2 Effective date. The regulations contained in this part shall be effective on the first day of the first month which begins not less than 30 days following the date of publication in the FEDERAL REGISTER. This part shall not affect any act done or any liability incurred, or right accruing or accrued or any suit or proceeding had or commenced, before such effective date. SUBPART B-DEFINITIONS § 177.10 Meaning of terms. As used in this part, unless the context otherwise requires, terms shall have the meanings ascribed in this subpart as follows: Act. Means the Federal Firearms Act. (U.S.C., Title 15, Chapter 18). Ammunition. Means only pistol or revolver ammunition; however, no distinction is recognized between "new" and "reloaded" ammunition. It shall not include shotgun shells, metallic ammunition suitable for use only in rifles, or any .22 caliber rimfire ammunition. Assistant Regional Commissioner. Means the Assistant Regional Commissioner, Alcohol and Tobacco Tax, who is responsible to, and functions under, the direction and supervision of the Regional Commissioner of Internal Revenue. Commissioner. Means the Commissioner of Internal Revenue. Dealer. Means any person engaged in the business of selling firearms or ammunition or cartridge cases, primers, bullets or propellent powder, at wholesale or retail, or any person engaged in the business of repairing such firearms or of manufacturing or fitting special barrels, stocks, trigger mechanisms, or breech mechanisms to firearms. (15 U. S. C. 901 (5)) |