"(2) a certificate by the chief law enforcement officer of the locality in which such person resides, as prescribed by the Secretary by regulations, to the effect that, to the best of his knowledge and belief, the statements made by such person in his sworn statement are true. 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, a sworn statement described in paragraph (1) which contains any false statement as to any material fact for the purpose of obtaining a firearm." On page 8, line 14, strike out "SEC. 904. EXEMPTIONS.-" and insert "SEC. 4." On page 10, strike out lines 1, 2, and 3 and insert the following: "SEC. 6. The amendments made by this Act shall become effective on the date of the enactment of this Act; except that the amendments made by section 3 of this Act to section 3(a) of the Federal Firearms Act shall not apply to any manufacturer or dealer licensed under the Federal Firearms Act on the date of the enactment of this Act until the expiration of the license held by such manufacturer or dealer on such date." 88TH CONGRESS 1ST SESSION S. 1975 IN THE SENATE OF THE UNITED STATES DECEMBER 12 (legislative day, DECEMBER 11), 1963 Referred to the Committee on Commerce and ordered to be printed AMENDMENTS Intended to be proposed by Mr. DoDD to the bill (S. 1975) to amend the Federal On page 2, strike out lines 11 through 14. 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, or cause to be shipped, any firearm in interstate or foreign commerce to any person (other than to a licensed manufacturer or to a licensed dealer, or to a person exhibiting exhibiting a State license as prescribed in subsection (c) of this section, or for exportation to a foreign country) unless the person to whom such firearm is to be shipped has submitted to such manufacturer or dealer a sworn statement, in duplicate, in such form and manner as the Secretary shall by regulations prescribe, attested to by a notary public, to the effect that (1) such person is eighteen years or more of age, (2) he is not a person prohibited by this Act from receiving a firearm in interstate or foreign commerce, (3) 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 of possession of the firearm, and (4) that (Title, Name) and (Official Address) (blanks to be filled in with the title, true name, and address) are the true name and address of the principal law enforcement officer of the locality in which the firearm will be shipped. It shall be unlawful unless such manufacturer or dealer has, prior to the shipment of such firearm, forwarded by United States registered mail (return receipt requested) to the local law enforcement officer named in the sworn statement, the description of the firearm to be shipped, and one copy of the sworn statement, and has received a return receipt evidencing delivery of the registered letter. It shall be unlawful for any person to cause to be transmitted by United States mail, or to cause to be transmitted in interstate commerce, such a sworn statement which contains any false statements as to any material fact for the purpose of obtaining a firearm from a licensed manufacturer or a licensed dealer." On page 8, line 14, strike out "SEC. 904. EXEMPTIONS.-" and insert "SEC. 4." 88TH CONGRESS 1ST SESSION S. 2345 IN THE SENATE OF THE UNITED STATES NOVEMBER 27 (legislative day, NOVEMBER 26), 1963 Mr. SCOTT introduced the following bill; which was read twice and referred to the Committee on Commerce A BILL To amend the Federal Firearms Act to further restrict the use of instrumentalities of interstate or foreign commerce for the acquisition of firearms for unlawful purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1 of the Federal Firearms Act (15 U.S.C. 901) is amended by adding at the end thereof the following new paragraph: "(8) The term 'State' means any State, territory, or possession of the United States and the District of Columbia." (b) Section 2 of such Act (15 U.S.C. 902) is amended by adding at the end thereof the following new subsections: "(j) It shall be unlawful for any manufacturer or dealer to ship, transport, or cause to be shipped or transported in interstate or foreign commerce any firearm to any person (other than a person excepted by section 4 from the provisions of this Act) unless such person has delivered to such manufacturer or dealer a written certificate executed by a duly designated law enforcement officer of the State or political subdivision thereof within which such person resides. Each such certificate executed by any law enforcement officer with respect to any person shall contain the following information : "(1) the purpose for which such person is seeking to acquire such firearm, as declared by such person; "(2) a description of each indictment or conviction of such person, if any, for any crime punishable by imprisonment for a term of one year or more, as disclosed by records available to such law enforcement officer; "(3) any information available to such law enforcement officer indicating whether such person is a fugitive from justice; and "(4) any information available to such law enforcement officer as to the probable mental competence and stability of such person, and his reputation for observance of law. Each such certificate received by any manufacturer or dealer shall be deposited and retained for not less than ten years in a file established by such manufacturer. The contents of each file so established by any manufacturer or dealer shall be available for inspection during all business hours of such manufacturer or dealer by any duly authorized member or representative of any law enforcement officer or agency of the United States, any State, or any political subdivision of any State. "(k) It shall be unlawful for any person (other than a person excepted by section 4 from the provisions of this Act) to acquire from any manufacturer or 29-119-64--2 dealer any firearm through the use of any instrumentality of or facility for interstate or foreign commerce unless such person has delivered to such manufacturer or dealer a written certificate, duly executed by a law enforcement officer of the State or political subdivision thereof within which such person resides, containing all information required for compliance with the provisions of subsection (j). "(1) The Attorney General shall cause to be prepared, and distributed to duly designated law enforcement officers within each State, and each political subdivision thereof, appropriate forms for use by such law enforcement officers in the execution of certificates in compliance with the requirements of subsection (j)." SEC. 2. The amendments made by this Act shall take effect on the first day of the fourth month beginning after the date of enactment of this Act. U.S. SENATE, COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY, Hon. WARREN G. MAGNUSON, DEAR CHAIRMAN MAGNUSON: I am writing to you in reference to amendment No. 360, which I introduced to S. 1975, on December 12, 1963. Testimony before the Committee on Commerce subsequent to the introduction of this amendment, in addition to meetings I have had in the past several weeks with members of the National Rifle Association and the firearms industry, revealed some apprehension on the part of these people over two sections of the amendment as presently written. Several groups have interpreted the use of the term "description" in section 902 (1) to mean that the committee was interested in recording the serial number of a mail-order weapon which would then be filed with local law enforcement agencies. This, of course, is not the intent of the bill as its major purpose is to determine the legitimacy of a mail-order gun purchaser and is in no way intended to register the serial number of the firearm. I would, therefore, like to clarify this section with the following additional language: "On page 3, line 6 (amendment No. 360), after the word 'description' insert the following: "(Including (1) manufacturer thereof, (2) the caliber or gage, (3) the model and type of firearm but not including serial number identification)". Another concern on the part of the National Rifle Association and the firearms manufacturers was over the possibility of a police department refusing to accept the registered letter from the mail-order dealer as called for in the bill. While I consider this highly improbable, it is theoretically possible that by simply refusing to accept the registered letter, a local law enforcement agency might prevent a person from receiving a mail-order weapon. While this legislation was designed to prevent State laws from being circumvented by the mail-order common carrier route, I feel that the Federal Government has fulfilled its obligation if it enables local law enforcement to enforce its own laws. I feel any such refusal of the registered letter would not be in keeping with the intention of the amendment, and I would, therefore, like to clarify S. 1975, as amended on December 12, 1963, as follows: "On page 3, line 9, (amendment No. 360) strike out the period after the word 'letter' and insert the following: "or such registered letter has been returned to the manufacturer or dealer due to the refusal of the named law enforcement officer to accept such letter as evidenced in accordance with U.S. Post Office Department regulations." Mr. Chairman, I have given those two changes a great deal of thought and I have discussed them with members of the Treasury Department. I feel they in no way alter the purposes of S. 1975, as amended, and would remove the present objections being voiced by legitimate gun groups. With kind regards, I am Sincerely, THOMAS J. DODD, Chairman. STATEMENT OF SENATOR MAGNUSON There is no question that more effective control over the use and possession of firearms is necessary. Mental incompetents, alcoholics, drug addicts, convicted felons, fugitives from justice and similar individuals should not be permitted to use firearms. Use of firearms by minors should be adequately regulated. Even in the case of guns used for sporting purposes, no minor should be permitted to use or possess a gun except with parental approval and under their supervision. I am confident that no responsible citizen would claim otherwise. The basic issue before the committee, then, is what constitutes effective control and where should that control be vested. Any legislation, State or Federal, must consider the constitutional right of our citizens to bear arms. Responsible citizens have the right to possess firearms for purposes of self-protection, security of the Nation, hunting, and recognized sporting activities. There are two Federal statutes presently in existence governing the interstate movement of weapons. The National Firearms Act, in practical effect, prohibits the use or possession of gangster-type weapons such as machineguns, sawed-off shotguns, sawed-off rifles, gadget weapons, etc. The Federal Firearms Act is directed basically toward firearms commonly in use, including rifles, pistols, etc. Although certain technical and clarifying changes are desirable, the act is essentially a good one. It was designed to implement State and local law and prevent the circumvention of such law through the employment of instrumentalities of interstate commerce. For example, if a State requires an individual to have a license to purchase a firearm, the act requires that the purchaser ordering a mailorder firearm must exhibit the license to the manufacturer or dealer. If he submitted a fraudulent license he would be subject to 5 years in jail or $2,000 fine, or both. If the manufacturer or dealer shipped him a firearm without adequate evidence of a valid license they too would be subject to 5 years in jail or $2,000 fine, or both. Unless it is the intention that the Federal Government, and quite probably unconstitutionally, impinge upon the police powers of the States, in which case we might just as well enact Federal legislation to cover all criminal acts including murder, manslaughter, theft, burglary, etc., and create a Federal police force to implement it, neither the present legislation nor any other Federal legislation will or can provide effective firearms control. For example, the present legislation, while it might inconvenience, would not deter irresponsible persons from acquiring weapons through other means, legally and illegally. It would not prevent a minor or a criminal from purchasing a pistol or a rifle at any local sporting goods or hardware store. It would not provide effective control over weapons presently in the possession of private individuals, which some officials estimate total nearly 200 million. It would not prevent the sale and transfer of firearms between private individuals. It would not prevent a third party, over 18, with no criminal record even though potentially irresponsible, from ordering a firearm on behalf of a convicted felon or a minor. Knowledge of safe firearms use is not required. I think the committee would be derelict in its responsibility to report out legislation which would mislead the public into believing that the problem had been solved when in fact it had not. A Nation aroused and demanding effective control because of the tragic event of the recent past would become complacent. The public's voice should not be quieted and their demands should be directed to their State legislatures. This is where the responsibility belongs, where it constitutionally lies and the only place where there can be effective and meaningful control. 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. If further Federal law is necessary to help the States prevent circumvention of adequate local law through the use of the instrumentalities of interstate commerce-if it is necessary to further help the States to help themselves then it will receive my enthusiastic support. If it is designed to shift responsibility from the States where it belongs to the Federal Government where it does not belong, and where meaningful control, as I have stated previously, cannot be effected, it will receive my firm opposition. The committee will commence public hearings shortly. In the interim, I have directed the staff to consult with Federal, State, and local authorities, the American Bar Association and other interested parties. That a reasonable solution can be found, I have no doubt. But the panacea to every problem simply does not and cannot rest with the Federal Government. The solution here will depend largely, if not entirely, on the cooperation of the States. Senator CANNON. Our first witness is the author of S. 1975, and the distinguished chairman of the Juvenile Delinquency Subcommittee, Mr. Dodd, who has contributed so importantly to an understanding of this problem and the public awareness of a need for its solution. Senator Dodd, we are very happy to have you here this morning. You may proceed. STATEMENT OF HON. THOMAS J. DODD, A U.S. SENATOR FROM THE STATE OF CONNECTICUT Senator DODD. Thank you very much, Senator Cannon. Mr. Chairman and members of this distinguished committee, I am very grateful to have this opportunity to urge passage of legislation to place reasonable controls over the shipment of dangerous weapons in inter state commerce. During 1963, approximately 1 million dangerous weapons were ordered through the mails and delivered by mail-order firms, via common carriers. Thousands of these weapons were delivered to persons with criminal records. One of them was used to murder the President of the United States. Weapons available via mail order to juveniles, dope addicts, mentally deranged persons, and criminals range in size and destructive power all the way from small-caliber pistols to field artillery pieces. This is no rhetorical exaggeration, as my records will show. In Fairfax County, Va., a 14-year-old boy was shot and killed with a mail-order weapon by a teenage friend who was mentally disturbed. When the head of the California firm which shipped this weapon, who by the way was a convicted pornographer, was confronted with this set of facts, he said, "They had the money. I sold them the gun. didn't break any law, did I?" Unfortunately, he didn't break any law. I In Sussex County, N.J., three youths in Nazi uniforms set up an antitank gun, purchased through the mails, and were in the process of demolishing a building with 20-milliemter, armor-piercing shells when they were seized by the police. Also seized was a veritable arsenal of mail-order weapons. In Washington, D.C., since January 1, 1963, 72 persons were arrested in the second precinct alone using mail-order or foreign-made weapons in the commission of crimes. In New York City, since June 1, 1963, there have been 131 persons killed or injured with mail-order or foreign-made guns. We are in the process of getting the figures for the whole year, and I would like permission to submit them when I have them. Senator CANNON. We will be very happy to have you submit them when you have them. |