APPENDIX Hon. JAMES O. EASTLAND, AGENCY COMMENTS DEPARTMENT OF STATE, DEAR SENATOR EASTLAND: Thank you for your letter of April 29, 1965, requesting a report of the Department on S. 1592, a bill to amend the Federal Firearms Act. The purpose of S. 1592 is to regulate the interstate traffic in firearms in the United States and to restrict the importation of surplus military weapons and certain other type firearms into the United States. The Department does not consider that it is within its province to comment upon the amendments to the Federal Firearms Act as they relate to the matter of public safety or other issues of domestic concern. The Department of State would defer to judgment of the Departments of Justice and Treasury in this area. The Bureau of the Budget advises that from the standpoint of the administration's program, there is no objection to the submission of this report. If I may be of further assistance to you in this matter, please do not hesitate to let me know. Sincerely yours, DOUGLAS MACARTHUR II, Assistant Secretary for Congressional Relations (For the Secretary of State). GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department with respect to S. 1592, a bill to amend the Federal Firearms Act. The Federal Firearms Act regulates the movement of firearms in interstate and foreign commerce. Under that act, dealers and manufacturers who ship, transport, or receive firearms in such commerce are required to be federally licensed. They are forbidden to ship to (1) a retail purchaser in another State which requires a license to purchase a firearm, unless the purchaser exhibits such a license, or (2) any person whom they know or have reason to believe has been convicted of, or is under indictment for, a crime, or is a fugitive from justice. Likewise, convicted criminals, indictees, and fugitives are themselves forbidden to ship, transport, or receive firearms via interstate commerce. The act forbids shipments of stolen firearms and of firearms whose serial numbers have been defaced. S. 1592 would deny the use of the channels of interstate and foreign commerce to effect retail sales of firearms (commonly referred to as mail-order sales). As noted in the next paragraph, the bill would also regulate in a limited degree intrastate sales of firearms. The bill defines the term "firearms" to include destructive devices (grenades, bombs, mortars, and the like). Federally licensed dealers and manufacturers would be restricted in the sale of firearms by them on a local, over-the-counter basis. They could not sell pistols or revolvers to nonresidents of the State or to persons under 21 years of age, and 49-588-65-47 would be required to make such efforts to ascertain the identity and residence of the purchaser as are prescribed by the Secretary of the Treasury (hereinafter referred to as the Secretary). In the case of a shotgun or rifle, the sale may not be made to anyone under 18 years of age. Federally licensed dealers and manufacturers may not sell firearms or ammunition to persons known or believed by them to be fugitives from justice, or convicted of, or under indictment for, a crime punishable by imprisonment for more than 1 year (excluding antitrust violations and similar economic offenses). The bill would also forbid all imports of firearms, but would empower the Secretary to make exceptions for: (1) firearms imported for scientific or research purposes or for use in the Defense Department's civilian marksmanship program; (2) antique or unserviceable firearms imported as curios or museum pieces; (3) firearms of a type and quality generally recognized as particulary suitable for lawful sporting purposes which are not surplus military weapons and the importation of which would not be contrary to the public interest; and (4) firearms previously taken out of the United States or a possession by the persons bringing in the firearms. The bill would forbid the transporting, shipping, and receiving of firearms across State lines by private persons except in certain specific situations. Thus. an individual traveling interstate may transport or arrange for carriage of his rifle or shotgun for any lawful purpose. Similarly, a traveler could transport or ship his pistol or revolver for any lawful purpose other than sale, and in conformity with the laws of each State on the way, provided he did not acquire the weapon in the course of his travel. Again, an owner could ship his firearm to a licensed manufacturer or dealer (this would normally include gunsmiths) in another State for repair and return. We recognize that S. 1592 represents a major step forward toward effective control of firearms. We therefore strongly recommend the enactment of S. 1592. We have been advised by the Bureau of the Budget that there would be no objection to the submission of this report and further that enactment of S. 1592 would be in accord with the program of the President. Sincerely, ROBERT E. GILES. Hon. WARREN G. MAGNUSON, FEDERAL MARITIME COMMISSION, Chairman, Committee on Commerce, U.S. Senate Washington, D.C. DEAR MR. CHAIRMAN: This is in reply to your request of February 23, 1965, for the views of the Federal Maritime Commission with respect to S. 1180, a bill to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license. Inasmuch as the bill does not affect the responsibilities or jurisdiction of the Commission, we express no views as to its enactment. The Bureau of the Budget has advised that there would be no objection to the submission of this letter from the standpoint of the administration's program. Sincerely yours, JOHN HARLLEE, Rear Admiral, U.S. Navy (Retired), Chairman. Hon. WARREN G. MAGNUSON, COMPTROLLER GENERAL OF THE UNITED STATES, Chairman, Committee on Commerce, U.S. Senate. DEAR MR. CHAIRMAN: In reply to your request of February 23, 1965, for our comments on S. 1180, a bill to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license, you are advised we have no information or comment to offer for your consideration with respect to the proposed legislation. Sincerely yours, JOSEPH CAMPBELL, Comptroller General of the United States. GENERAL SERVICES ADMINISTRATION, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: Your letter of February 23, 1965, requested the views of the General Services Administration on S. 1180, 89th Congress, a bill to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license. The purpose of the bill is to prohibit the importation of a firearm into the United States without a license issued by the Secretary of the Treasury or the receipt by any person of a firearm imported in violation of the provision. Inasmuch as section 4 of the Federal Firearms Act (52 Stat. 1252), as amended, would continue to exempt the United States, any department, independent establishment, or agency thereof from the provisions of the legislation, GSA has no comments as to the desirability of the proposed measure from the viewpoint of its responsibilities and functions with respect to the furnishing of arms and ammunition for its public buildings protection forces, nor with respect to the furnishing of transportation and traffic management services on behalf of executive agencies. The enactment of the proposed measure would not affect the budgetary requirements of GSA. The Bureau of the Budget has advised that, from the standpoint of the administration's program, there is no objection to the submission of this report to your committee. Sincerely yours, LAWSON B. KNOTT, Jr., Administrator. THE GENERAL COUNSEL OF THE TREASURY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: Reference is made to your requests for the views of this Department on S. 14 and S. 1180, bills to amend the Federal Firearms Act. On March 12, 1965, the Secretary of the Treasury transmitted to the President of the Senate draft legislation to amend the Federal Firearms Act. The draft legislation is designed to implement certain recommendations of the President with respect to firearms control contained in his message of March 8, 1965, relating to law enforcement and the administration of justice. This legislation has been introduced as S. 1592 and referred to the Committee on the Judiciary. In the circumstances, the Department recommends favorable consideration by the Congress of S. 1592 in lieu of action on the foregoing bills. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely yours, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. FRED B. SMITH, Acting General Counsel. GENERAL SERVICES ADMINISTRATION, DEAR MR. CHAIRMAN: Your letter of January 14, 1965, requested the views of the General Services Administration on S. 14, 89th Congress, a bill "to amend the Federal Firearms Act." The purpose of the bill is to prohibit the shipment in interstate commerce by common carriers of mail-order firearms to persons under the age of 18 years, or persons under indictment for or convicted of a felony. Inasmuch as section 4 of the Federal Firearms Act (52 Stat. 1252), as it would be amended by the enactment of this bill, would continue to exempt the United States, any department, independent establishment, or agency thereof from the provisions of the legislation, GSA has no comments to make on the desirability of the measure from the viewpoint of its functions with respect to the furnishing of arms and ammunition for its public buildings protection forces, nor with respect to the furnishing of transportation and traffic management services on behalf of executive agencies. Section 5(b) of the bill would amend section 5(b) of the Federal Firearms Act, as amended (64 Stat. 3), which refers to GSA's authority to dispose of forfeited firearms, by striking a reference to a section in the Internal Revenue Code of 1939 and inserting in lieu thereof a reference to the corresponding section of the Internal Revenue Code of 1954. However, section 5(b) of S. 14 erroneously refers to language of the code rather than of the Federal Firearms Act, and it is suggested that the said section 5 (b) be amended to read: "(b) Subsection (b) of section 5 of said Act is further amended by adding 'of 1954' after the words 'the Internal Revenue Code' where they first appear, and by striking out the reference 'section 2733' and inserting in lieu thereof the reference 'section 5848'." Insofar as the bill, subject to the foregoing amendment, would clarify GSA authority with respect to the disposal of firearms forfeited as a result of violations of the said act, GSA recommends the enactment of the proposed legislation. The enactment of the proposed measure would not affect the financial requirements of GSA. The Bureau of the Budget has advised that, from the standpoint of the administration's program, there is no objection to the submission of this report to your committee. Sincerely yours, LAWSON B. KNOTT, Jr., Administrator. FEDERAL AVIATION AGENCY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in reply to your request of January 14, 1965, for a report on S. 14, a bill "to amend the Federal Firearms Act"; your request of February 23, 1965, for a report on S. 1180, a bill "to amend the Federal Firearms Act to prohibit the importation of a firearm into the United States without a license"; and your request of May 14, 1965, for a report on S. 1965, a bill "to amend the Federal Firearms Act." From the standpoint of aviation, it is conceivable that these bills may make a long-range contribution to the safety of flight. They may provide a measure of assistance in preventing the commission aboard aircraft of certain criminal offenses set forth in title IX of the Federal Aviation Act such as aircraft piracy and interference with flight crew members. However, another bill, S. 1592, has been recommended by the administration as the best measure for the control of firearms, and we therefore support its enactment. The Bureau of the Budget has advised that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely, (Signed) WILLIAM F. MCKEE, Administrator. DEPARTMENT OF THE ARMY, Washington, D.C., July 30, 1965. Hon. JAMES O. EASTLAND, Chairman, Committee on the Judiciary, DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense on S. 1965, 89th Congress, a bill "to amend the Federal Firearms Act." The Department of the Army has been assigned responsibility for expressing the views of the Department of Defense on this bill. |