FEDERAL FIREARMS ACT WEDNESDAY, JUNE 30, 1965 U.S. SENATE, SUBCOMMITTEE ON JUVENILE DELINQUENCY Washington, D.C. The subcommittee (composed of Senators Dodd, Hart, Bayh, Burdick, Tydings, Hruska, Fong, and Javits) met, pursuant to recess, at 9 a.m., in room 318, Old Senate Office Building, Senator Thomas J. Dodd presiding. Present: Senators Dodd, Burdick, Hruska, and Javits. Also present: Carl L. Perian, staff director; and William C. Mooney, chief investigator. Senator DODD. Mr. Foote? Our first witness will be Mr. Frank Foote, section chief, Game, Forestation, and Parks Commission of Nebraska. Senator HRUSKA. Mr. Chairman, I have a few introductory remarks here which I should like to make at this time. It is a pleasure to introduce Mr. Frank Foote, section chief of the Nebraska Game, Forestation, and Parks Commission. Mr. Foote acts in a dual capacity this morning. He, of course, represents the views of his own agency. But he also acts as an emissary of the Nebraska Unicameral Legislature to present a resolution of that body on the subject matter of this hearing. Mr. Foote comes well qualified to represent the interests of the Nebraska State government, having served as a State official for almost 10 years. He has also served a term as one of the six regents at the University of Nebraska. He is a sportsman and a farmer. The point of view he represents is responsible and constructive. It is born of experience on a day-today basis with that great segment of our population who participate in hunting and other outdoor sports activities. He has attended several prior sessions of this subcommittee, this being the fourth time he has been scheduled to appear before us. He has previously testified on firearms legislation before the Senate Commerce Committee. So he comes well qualified to share with us the benefit of his experience. I know that this committee will listen attentively to his testimony and give it due consideration. 547 49-588-65 -36 STATEMENT OF FRANK FOOTE, SECTION CHIEF, NEBRASKA GAME, FORESTATION, AND PARKS COMMISSION Mr. FOOTE. Thank you, Senator Dodd. Mr. Chairman, gentlemen, my name is Frank Foote. I am employed by the Nebraska Game, Forestation, and Parks Commission and I am representing that commission today at its specific request. The commission, with whom I am employed, is composed of seven citizens of our State who are a policymaking and executive board charged with direction of many forms of outdoor recreation and resource management. Hunting, fishing, boating, State parks, State historical parks, water pollution, and the general field of wildlife restoration, preservation, and utilization are major areas in which we operate. We are also an enforcement agency, charged generally with violations in the above fields, but also with general enforcement powers in emergency situations. An area of specific concern to our commissioners is the continued attempts from some quarters to restrict and harass the legitimate ownership, use, and enjoyment of firearms and ammunition. Now, Mr. Chairman, the commission for which I work is in no way composed of extremists or rightwingers. These men, all of them, are middle-of-the-road Democrats and Republicans. They believe, and wish, through me, to forcefully present, the position that the second amendment applies to all who have not, upon conviction of felonies, lost certain of their civil rights, or to the mentally disturbed. They believe that the personal ownership and reasonable enjoyment of firearms is important to our continuing as a free Nation of free men. This position does not preclude some reasonable regulation as may be required by conditions of modern urbanized American life. However, the commission does most strongly oppose the compulsory registration of firearms or laws or regulations which could tend to a partial registration of firearms, particularly nonconcealable sporting rifles and shotguns. In this connection, we believe that section 3(g) of S. 1592 has within it certain dangers tending toward involuntary registration, or is a precursor to registration, although S. 1592 is not oriented toward registration per se. This is not to say that the commission blindly opposes all efforts in this field. We do believe that present firearms laws, and, indeed all laws relating to the criminal misuse of firearms, should be more strongly enforced and that more stringent penalties for violations of this nature should be enacted and applied. In this connection, the commission has gone on record formally with a written resolution, which I would present for your consideration at this time. Senator HRUSKA. It will be inserted in the record at this point. (The document referred to was marked "Exhibit No. 122" and is as follows:) EXHIBIT No. 122 RESOLUTION OF THE GAME, FORESTATION, AND PARKS COMMISSION Whereas tragic events have caused certain ill-advised public officials and others to search for a likely scapegoat; and Whereas those who have continually favored stringent controls on all types of firearms now are pressing their cause before the bar of public opinion; and Whereas all past experience strongly indicates that firearms controls or registration merely tends to disarm the law-abiding citizen and allow the criminal and psychopath to proceed unimpeded; and Whereas no nation in modern times has fallen to tyranny without first having imposed upon itself a strict system of firearms control and registration; and Whereas it is a truism that firearms, in and of themselves, are not criminal or dangerous: Now, therefore, be it Resolved by the Nebraska Game, Forestation and Parks Commission, That this commission strongly urges the appropriate public officials, local, State, and Federal, to prosecute to the limit of the law those criminals who employ firearms in crimes of violence, and those who violate present laws regarding the ownership, sale, and use of firearms. This commission also urges the appropriate State and Federal legislative bodies to enact stricter penalties for violation of the above laws. This commission also, by this resolution, indicates its firm opposition to enactment of any new laws or regulations of a local, State, or Federal nature, which would tend to harass or prohibit the ownership and enjoyment of sporting or target-type firearms by honest, law-abiding citizens. The commission adopts this position because of its firm belief, based on evidence and experience, that further restrictions on firearms will, in no way, prevent or deter crime. Op adoption, the commission directs that this resolution be spread at large upon its minutes, and that copies thereof be sent to the Governor of Nebraska, the Nebraska Legislature, and to all members of the Nebraska congressional delegation and to the appropriate public news media. Dated this 15th day of January 1965. Mr. FOOTE. We think that, in some cases, duly constituted authorities are not using fully the tools available to them now, the National and Federal Firearms Acts. At this point, with your permission, I might cite some examples of this to bear this out. In our enforcement work we occasionally apprehend individuals in violation of game laws or in routine checking who are in possession of weapons that are in clear violation of the National or Federal Firearms Act. Such weapons as sawed-off rifles, sawed-off shotguns. As a matter of course, we seize these weapons and turn them over to the proper authorities of the Alcohol and Tobacco Tax Agency. To our knowledge, there has never been a prosecution resulting from these seizures. In addition, we are well acquainted with the enforcement representatives of the Alcohol and Tobacco Tax Agency, and I am acquainted with some personnel in and outside of Nebraska. Part of their work, of course, is devoted to alcohol and tobacco taxation, but certainly part of it is for enforcement of the Federal Firearms Act. It has been reported to me by these men, good officers, that they have apprehended individuals in serious violations of the present Firearms Act, men with a record, convicted felons, transporting weapons across State lines they got the information, the evidence, turned it over to the proper prosecuting authorities. The U.S. Attorney's Office, representatives of Mr. Katzenbach, and formerly Mr. Kennedy, have been before this committee requesting more stringent laws. And yet no action has been taken. This concerns us. The Nebraska Game, Forestation and Parks Commission is in a position to support some further constructive legislation if the need therefor can clearly be shown. I believe, personally, that the commission would support S. 1965, introduced by Senator Hickenlooper, in its present form. Since this was written, I have talked to my commissioners, and this has been borne out. We would support Congressman Bob Casey's bill, H.R. 5642, or any reasonable modification thereof, as a means of cracking down on criminal misuse of firearms. We think that this is the direction that this effort should proceed. We state again that we believe that further restrictions will tend to disarm the law-abiding citizen but will little affect the criminal. As evidence for this contention, I would like to present a statement by a coworker in the Nebraska Game Commission, Mr. Dudley Osborn. Mr. Osborn had extensive law enforcement and criminal intelligence experience during his 14 years residence in Puerto Rico. He personally captured the head of the fanatical Puerto Rican Nationalist group in San Juan after a protracted gun battle which occurred at the same time this group created a well remembered incident here in Washington. He is well qualified by experience, background and training to make this statement; I would read the same. Senator HRUSKA. Mr. Witness, we do have a session of the full Judiciary Committee at 10:30. If it is agreeable with you, insert that statement which I assure you will be carefully studied by the members of the committee, and proceed with the rest of your statement. M.FOOTE. I would be happy to. (The statement referred to was marked "Exhibit No. 123" and is as follows:) EXHIBIT No. 123 PRÉCIS ON FIREARM CONTROL IN PUERTO RICO (By Dudley Osborn, Nebraska Game, Forestation, and Parks Commission) The Commonwealth of Puerto Rico has a law (Ley de Armas) which restricts the ownership and sale of firearms. The head of the household may own a handgun only after being fingerprinted, character-checked and certified by the chief of police. This is time consuming and delays are purposely imposed to discouraged applications. The gun must then be bought new from an authorized store and only one gun may be possessed for the whole household. If the owner of the gun wishes to purchase a new model he must go through the entire procedure again, as the permit is valid only for the gun mentioned on the permit. The old gun may not be sold, but must to be turned in to the government for "safekeeping" as no one may give away or sell a firearm. To own a rifle or shotgun, proof must be given of acive membership in a gun club and for permission to carry a gun, a person must prove that he is going to or coming from active hunting or shooting practice at a registered club. To carry a handgun you must be a law enforcement officer, a high government official, or prove in court that your life has been threatened. If your job requires the carrying of large sums of money, you may wear a handgun while transporting the money. Again, this must be proved in court. The minimum punishment for a violation of these laws is 6 months imprisonment. Any arms possessed which have not been or cannot be authorized, must be turned in to the police where they are labeled and piled up with others and left to rust. No decent, law-abiding, respectable citizen is willing to risk spending 6 months in jail and acquiring a criminal record, but the hoods, gangsters, and riffraff sometimes actually don't object to a term in prison where conditions are often better than in their homes. Illicit weapons are plentiful and the volume of crime in Puerto Rico is among the highest if not the worst in American territory. The criminal doesn't have to buy weapons on the open market as the black market will provide all he needs. The law-abiding people are disarmed and helpless and the criminals are well-armed. If a suoversive group were to take power, the average citizen would be entirely helpless as he has been completely disarmed while the criminal would be fully armed and ready to sell his services. Mr. FOOTE. Our Nebraska Unicameral Legislature had adopted without opposition a resolution on firearms legislation which I would request be added to the record. Senator Hruska. It will be added to the record at this point. (The resolution referred to was marked "Exhibit No. 124" and is as follows:) EXHIBIT No. 124 LEGISLATURE OF NEBRASKA-75TH SESSION LEGISLATIVE RESOLUTION 50 Introduced by Calista Cooper Hughes, 1st District; George Syas, 13th District Whereas antifirearms legislation now being considered by the Congress, if adopted will seriously impair the right of legitimate hunters and target shooters to enjoy their chosen sports; and Whereas the history of such legislation is that the criminal and psychotic elments are little affected thereby ; and Whereas the second amendment to the U.S. Constitution sets forth the rights of citizens who have not lost their civil rights to keep and bear arms; and Whereas tight controls on firearms as attempted in New York and Puerto Rico have not deterred the criminal classes but have only served to disarm the law-abiding citizen; and Whereas a situation in which our law-abiding citizen would become effectively disarmed by administrative action of governmental bureaus or by the necessity of complying with complicated and obtuse administrative procedure would be intolerable in these United States; and Whereas control of crime and misuse of firearms is best accomplished by a combination of effective and stringent law enforcement and justice directed against the criminal himself, not the weapon, coupled with education and alleviation of the known factors that cause crime; and Whereas no nation in modern times has fallen to tyranny without first imposing upon itself a strict system of firearms controls and registration: Now, therefore, be it Resolved by the members of the Nebraska Legislature in 75th session assembled, That this body, (1) is opposed to Federal legislation which interferes with the rights of our law-abiding citizens under the second amendment to the U.S. Constitution or which interferes with the rights of such citizens to transport sporting arms and ammunition in interstate commerce, (2) favors enforceable legislation at the Federal level which provides stringent and enforceable penalties against the criminal misuse of firearms and ammunition shipped in interstate commerce. The legislature directs the clerk of the legislature to spread this resolution upon the journal of this body and to furnish suitably prepared copies thereof to the President of the United States, the President pro tempore of the U.S. Senate, the Speaker of the U.S. House of Representatives, to the chairman of the Senate Judiciary Committee, to the Nebraska congressional delegation, and to Senator Thomas Dodd, of Connecticut. PHILIP C. SORENSEN, President of the legislature. I, Hugo F. Srb, hereby certify that the foregoing is a true and correct copy of Legislative Resolution 50, which was passed by the Legislature of Nebraska in 75th regular session on the 2d day of June 1965. HUGO F. SRB, Clerk of the legislature. Mr. FOOTE. Senator Dodd, quite a point has been made in previous testimony before this committee regarding misinformation being bandied about concerning S. 1592. In any subject as complicated as |