(The tabulation referred to was marked "Exhibit No. 76" and is as follows:)

EXHIBIT No. 76

Weapons used in homicides and aggravated assaults and robbery, fiscal year 1964

Mr. LAYTON. The serious situation faced by this city due to the increasing incidence of violence is pointed up by a comparison of the statistics of fiscal 1964 with those for the first 4 months of 1965 where 589 cases out of 1,432 robberies and attempted robberies involved the use of firearms, or 41 percent of the total.

Senator DODD. This is just for the first 4 months?

Mr. LAYTON. The first 4 months of 1965; yes, sir.

This is 82 more cases than all of fiscal 1964.

One of these cases can be cited as of particular interest: On March 1, 1965, a liquor store in the 1100 block of 22d Street NW., was robbed at the point of a gun. Approximately 30 minutes later, a 16-year-old juvenile was arrested. This case, and 42 others which occurred in a period of 41 days, were closed with this arrest. This juvenile was a ward of the Board of Public Welfare at the time after having been charged with robbery on an earlier occasion. His record also indicated charges of housebreaking, unauthorized use of an auto and petty larceny. The gun recovered from this juvenile was reported stolen to the Metropolitan Police Department in 1946. We can mention that

because this gun was registered with the police department, the lawful owner was readily identified and may therefore recover this property.

Mr. Chairman, I have cited in my prepared statement a number of cases which previously have been brought to the attention of your committee, and unless you desire, I won't read them all. I do have them here for the record.

Senator DODD. We will put them in. (See exhibit No. 77.) Mr. LAYTON. They do indicate cases, homicides, in which firearms were used, mostly handguns, in which our investigation determined that the guns had been purchased in other jurisdictions-Prince Georges County, in nearby Virginia, and one case in Manassas-the purchase was made in Manassas, Va., and another, Strasburg, Va. In one it was indicated that the purchase was made by mail order from a dealer in California, but we were not able to determine, apparently because of lack of proper records, or noncooperation-we were not able to confirm and verify that.

I do have, Mr. Chairman, some additional cases as requested by your committee, some more recent cases.

During the year 1964 we had four homicide cases in which the gun was purchased in other jurisdictions—one in Annapolis, Md., one in Fairfax County, Va. In one the defendant stated that he had purchased the gun by mail. And in one case that occurred in January of 1964, during the commission of a robbery at 1364 Florida Avenue NW., two defendants who were holding up that premises were surprised by two of our police officers who were called to the scene. There was a gun battle between the defendants and the police officers. One police officer, Private Robert D. Handvoerck, lost his life in that case. And in this case, two handguns were used, both of which were bought outside of the District of Columbia in nearby Virginia, having been purchased some 6 to 8 months previously.

Then in this year, on January 18, 1965, again as a result of an armed robbery attempt, there was a shooting and homicide. The gun in this case had been purchased in nearby Maryland, approximately a year previously. Also in January of this year, as a result of an altercation there was a homicide. The gun in this case also was purchased in nearby Maryland.

On March 6, 1965, a defendant killed two persons with a gun that had been purchased in a store near Springfield, Va.

These cases, Mr. Chairman, are cited as examples of guns being purchased outside the District of Columbia, and being used in crimes involving the offense of murder.

This department, Mr. Chairman, does support any appropriate legislation aimed at keeping firearms out of the hands of the criminal element or those criminally inclined. I believe that the provisions cited, particularly as items 2, 3, and 4 in my report, would have a wholesome and beneficial effect in the District of Columbia, and I would, therefore, favor enactment of S. 1592.

(The statement referred to follows:)

STATEMENT OF CHIEF JOHN B. LAYTON

Thank you, Mr. Chairman for the invitation to appear before your subcommittee and testify in response to questions presented in your letter of May 13, 1965, with reference to Senate bill S. 1592.

First, regarding the provisions of the bill which would stop mail-order traffic in firearms except between legitimate dealers, we feel that in the District of Columbia this situation is under control as a result of the arrangements made between the Railway Express Agency, the U.S. Attorney's Office and the Metropolitan Police Department. This procedure has been in effect since early 1962 and is as follows:

When a firearm is received by the Railway Express Agency, the recipient is notified by mail to come to the "On Hand Department, Second and H Streets NW.," to make out Police Department Form No. 151 "Application for Sale or Transfer of Possession of a Firearm." In the case of pistols, the customer is required to show sufficient proof of his identity and must be 21 years of age. The form is filled out in duplicate and forwarded to the "Special Investigation Squad, Metropolitan Police Department," where an investigation is made of the applicant. After signature approval by the chief of detectives, one copy is retained by the police department and the other copy is returned to the Railway Express Agency, and the weapon delivered to the purchaser.

In the case of shotguns and rifles the weapon may be delivered immediately to a purchaser 18 years of age or older who has executed Police Department Form 151A, which includes a statement by the purchaser that he has not been convicted in the District of Columbia or elsewhere of a crime of violence.

Second, the provision which prohibits gun dealers from selling handguns to persons who are residents of other States, we feel, would assist in preventing persons who would not qualify for the purchase of such a weapon in the District, from traveling across the District of Columbia line and purchasing such a weapon. You are certainly aware of this problem Mr. Chairman, as cited in your opening statement on May 19, 1965, in discussing the results of a survey made by Treasury Department agents at your request. These agents examined the records of selected dealers in nearby Maryland to determine the percentage of purchasers who claimed residence in the District of Columbia and how many in this category had police records. It was reported that one dealer's record showed that 58 percent of his sales in a recent period were to residents of the District of Columbia and of these, 40 percent have police records in the District. It was also reported that the records of another dealer showed 40 percent of the customers were residents of the District of Columbia and 23 percent of these have records in the District.

Third, this bill would prohibit the sale of handguns to persons under the age of 21 and shotguns and rifles to those under the age of 18. In this connection I would invite your attention to the following example: In the course of an investigation made of a shooting at Eighth and Peabody Streets NW., in the sixth precinct at 8:30 p.m., January 22, 1965, it came to the attention of Juvenile Bureau investigators that the weapons used-a .22 caliber pistol-had been purchased in Silver Spring, Md., on the same day of the shooting by an 18-year-old. The Juvenile Bureau officers then checked the books of the seller and found that in the 3- to 4-month period prior to the date of their survey, 10 .22 caliber pistols, 1.32 caliber pistol, and 2 .22 caliber blank pistols had been sold to persons under the age of 21 years who live in the 6th and 12th police precincts in the District of Columbia which adjoins the Silver Spring area.

Fourth, the bill would stop the flow into this country of surplus military weapons and other weapons not suitable for sporting use. This provision is intended to stop the importation of cheap, inferior, foreign handguns which, as reflected in a study prepared for your committee in 1963, made up about 18 percent of the weapons seized and turned into our property clerks office in connection with the commission of crimes.

Fifth, S. 1592 would provide control over traffic in large caliber weapons such as antitank guns and bazookas by limiting the importation of such weapons. The use and possession of such weapons has not been a problem to the Metropolitan Police Department as of this time, but notice has been taken of the attempt in New York to damage the United Nations Building by individuals using a mortar-type weapon, as well as recent publicity concerning the arrests in New York City of extremists who had plotted to damage or destroy national shrines.

Sixth, the revision of licensing control and fees would have the effect of eliminating those who are not bona fide dealers. At present, Federal firearms licenses are available for the payment of $1.

The nature and scope of the problem in the illegal use of firearms in the District of Columbia can be gaged by figures taken from our 1964 fiscal year report.

During that period there were 1,002 crimes involving the use of firearms recorded by the Metropolitan Police Department. Forty-six juveniles were involved in 39 cases where firearms were used. In the report of 2,606 robberies during that period, a pistol was used in 482, or 18 percent of the cases. A rifle in 8 cases, shotgun 17 cases. In a total of 2,754 aggravated assaults reported, a pistol was used in 467 or 17 percent of the cases, rifle in 20 cases, shotgun in 27 cases. In 104 homicides reported, 37 were by pistol, 3 by rifle, 1 by shotgun. I am submitting for the information of your committee a tabulation for fiscal year 1964 (see Exhibit 76) which indicated the type of weapon used in the crimes of murder, manslaughter, aggravated assault, and robbery. The serious situation faced by this city due to the increasing incidence of violence is pointed up by a comparison of the statistics of fiscal 1964 with those for the first 4 months of 1965 where 589 cases out of 1,432 robberies and attempted robberies involved the use of firearms, or, 41 percent of the total. This is 82 more cases than all of fiscal 1964.

One of these cases can be cited as of particular interest: On March 1, 1965, a liquor store in the 1100 block of 22d Street NW. was robbed at the point of a gun. Approximately 30 minutes later, a 16-year-old juvenile was arrested. This case, and 42 others which occurred in a period of 41 days, were closed with this arrest. This juvenile was a ward of the Board of Public Welfare at the time after having been charged with robbery on an earlier occasion. His record also indicated charges of housebreaking, unauthorized use of an auto, and petty larceny. The gun recovered from this juvenile was reported stolen to the Metropolitan Police Department in 1946. We can mention, that because this gun was registered with the Police Department, the lawful owner was readily identified and may therefore recover his property.

The following cases are cited as examples of criminal offenses being committed with weapons purchased in nearby jurisdictions where a lack of control permitted such purchase and use to the detriment of the District of Columbia :

(a) About 3:15 p.m., Friday, July 14, 1961, Ali Malekzadeh shot and killed his wife, Betty Joe Malekzadeh, and then shot and killed himself. The weapon used was a 6.35-millimeter Galesi semiautomatic pistol which the husband had purchased over the counter a couple of hours before the killing from the Suitland Trading Post, 4650 Suitland Road, Prince Georges County, Md.

(b) Decedent, James Smith, was shot on December 7, 1961, during an altercation in the Colt Lounge, 2015 14th Street NW., with a .22 Sentinel revolver, serial No. 710440, which defendant, William Alexander, stated he bought over the counter at a gun shop in Manassas, Va.

(c) About 11:15 p.m., Saturday, March 3, 1962, while in premises 3706 Morrison Street NW., decedent, William McGuire, was fatally shot with a .38-caliber Smith & Wesson revolver, serial No. 846871, held in the hands of the defendant, his brother.

Defendant bought the gun from a friend, Morris M. Philips, 24 years, who stated he bought the gun over the counter at a general store in Strasburg, Va., for $8.

(d) About 11 a.m., Friday, February 3, 1963, decedent, Herman H. Brooks, shot and slightly wounded his girl friend, Gladys M. Peterson, 41 years, of 1223 12th Street NW., at that address. He then shot and killed himself.

Investigation revealed the decedent bought the gun on January 28, 1963, from Don's Gun Shop, 246 West Broad Street, Falls Church, Va. This gun was purchased just 6 days before the killing and therefore with the possible intention of using it for this very purpose.

(e) About 2:15 p.m., Monday, February 4, 1963, during an altercation in premises, 409 6th Street NE., decedent, Elaine Truesdale, was fatally shot with a pistol held in the hands of the defendant, Robert Truesdale.

A .22-caliber Rohm RG 15 derringer, used in this case, was purchased on December 6, 1962, at the Apple Hardware, Inc., 5918 Riggs Road, Chillum, Prince Georges County, Md.

(f) About 8:40 p.m., Friday, February 15, 1963, during an altercation in the first floor hallway of premises 1815 Newton Street NW., decedent, Marjorie Walker, was fatally shot with a .38-caliber Colt revolver, serial No. 412864, which the defendant, James Hall, stated he bought about 22 years previously from Strebe's Gun Works, 5403 Marlboro Pike, Prince Georges County, Md.

(g) About 6:30 p.m., Friday, January 7, 1959, decedent, Jesse E. Brown, responded to the ringing of his front doorbell at 51 Tuckerman Street NW, opened the front door and was shot and killed by an unknown assailant. Bal

listic examination of the fatal slug disclosed that it has been fired from a Webley-Scott revolver, 38-caliber, a foreign import.

A relative of the deceased, disgruntled over the distribution of another deceased relative's estate, was suspected in this case, but it was not until a year later that sufficient evidence was developed to arrest him. It was then learned that the killer had obtained a gun, using a fictitious name, by express from a dealer in California. A cheap magazine with a pencil checked mark of an advertisement for this gun was found in the home of the defendant. Efforts to obtain information from the dealer showed a lack of proper records and a spirit of noncooperation.

This department would support any appropriate legislation aimed at keeping firearms out of the hands of the criminal element and I believe that the provisions cited particularly as items 2, 3, and 4 would have a wholesome and beneficial effect in the District of Columbia and therefore favor enactment of S. 1592.

(The additional cases referred to by Chief Layton were submitted, marked "Exhibit No. 77," and are as follows:)

EXHIBIT No. 77

On March 6, 1965, as a result of an altercation in front of 1135 Fifth Street NW., at 11:25 a.m., the defendant, Larry A. Rowe, colored, male, 35 years, of 505 M Street NW., killed two people.

The gun used had been in the possession of the defendant for about a year after purchase in a country grocery store near Springfield, Va. The weapon was a 25-caliber chrome automatic.

At 3:25 p.m., February 8, 1964, as a result of an altercation at 627 Florida Avenue NE., the defendant, Sadie Davis, colored, female, 38 years, of 627 Florida Avenue NE., killed the decedent, Alfred Davis, colored, male, 35 years, of 627 Florida Avenue NE.

The weapon was a .22-calider short Valor revolver purchased 1 week previous in Fairfax, Va.

At 1:20 a.m., January 24, 1964, in the commission of a robbery at 1364 Florida Avenue NW., defendants, Edward Lester Smith, colored, male, 33 years, of 4227 H Street SE., and Way Roosevelt Cunningham, colored, male, 39 years, of 4227 H Street SE., shot decedent, Robert D. Handwerk, white, male, 27 years, of 8206 14th Avenue, Hyattsville, Md., a Metropolitan Police Department on-duty officer. Two weapons were involved in the above homicide; a 7.65-millimeter Pietre Beretta automatic, purchased on May 18, 1963, at the Small Arms of the World Co., 9810 Columbia Pike, Annandale, Va.

The second weapon was a .22-caliber Harrington & Richardson revolver purchased June 24, 1963, at the Small Arms of the World Co.

At 1 p.m., January 18, 1965, as the result of attempted armed robbery at 1434 Florida Avenue NE., the defendant, Lloyd Sterling Perry, colored, male, 18 years, of 609 Morris Place NE., shot the decedent, Charles Hayden, white, male, 55 years, of 3100 Parkway Place, Cheverly, Md.

The weapon was a .38-caliber Colt Detective Special purchased March 19, 1964, at Strebe's in Prince Georges County, Md.

At 8:35 p.m., January 7, 1965, as the result of an altercation at 1108 North Capitol Street, the defendant, Thomas James Howard, Jr., colored, male, 27 years, of 29 L Street NW., shot the decedent, Willie Lee Prince, colored, male, 20 years, of 1118 North Capitol Street.

The weapon was a 7.65-millimeter Mauser-Werke automatic purchased 4 months previous at Mount Rainier, Md.

On September 22, 1964, as the result of an altercation at 1375 Massachusetts Avenue NW., the defendant, John Kazackos, white, male, 76 years, shot the decedent, Mary Elizabeth Wise Kazackos, colored, female, 43 years, of 1375 Massachusetts Avenue NW.

The weapon was a .38-caliber Colt revolver purchased in a pawnshop in Annapolis, Md.

At 7:25 p.m., September 11, 1964, as the result of an altercation at 1221 42d Street NE., the defendant, Lucille Louise Ward, colored, female, 52 years, of 1221 42d Street NE., shot the decedent, Eric Martinez Ward, colored, 64 years. Defendant stated the weapon, a .22-caliber York 6-shot revolver, was purchased by the decedent through the mail.