The number of homicides with firearms decreased from 1930 to 1965, as did the rate per 100,000 population (5.7 to 2.9). The percentage of homicides with firearms also decreased approximately 50%. The number of suicides with firearms increased from 1930 to 1963, but so did the population. The rate per 100,000 population decreased (from 5.5 to 5.1) for a percentage decrease of 7.3%. In listing the number of homicides and suicides committed with firearms, the figures include not only firearms, but explosives as well. If firearms were listed separately, the results would indicate a more definite decline in the use of firearms proportionate to the increase in population. The contents of this compilation are taken from a number of sources. The National Rifle Association cannot accept the responsibility for the accuracy or limitation of the data presented here, other than for those which it collects. The responsibility for the selection of the material and for method of presentation, however, rests with the NRA. EXHIBIT No. 47 DIGEST OF FEDERAL AND STATE FIREARMS LAWS (Prepared by the Legislative Service, National Rifle Association of America, 1600 Rhode Island Avenue NW., Washington, D.C. 20036) Note: This Digest contains only the basic requirements of the laws and regu lations. Procedural details, exceptions and qualifications, definitions or related matters are generally omitted. These may be found in the laws and regulations themselves or by inquiry to the governmental agency concerned or the NRA Legislative Service. FEDERAL National Firearms Act of 1934, as amended.-Administered by the Alcoho and Tobacco Tax Division, Internal Revenue Service, Treasury Department. this law imposes a tax and registration on the making or transfer of (a) al fully automatic firearms; (b) all rifles with barrels less than 16 inches in length and all shotguns with barrels less than 18 inches in length; (c) all firearms made from a rifle or shotgun and having an overall length of less than 26 inches: (d) all handguns with shoulder stocks; (e) certain other concealable firearts except pistols or revolvers; (f) all silences or mufflers. All manufacturers or importers of, and dealers and pawnbrokers in, the foregoing firearms must pay an occupational tax. This Act does not apply to any firearms not using fixed cartridge or fixed shotshell ammunition. Federal Firearms Act of 1938, as amended.—Also administered by the Alcobal and Tobacco Tax Division, Internal Revenue Service, this law (a) requires the licensing of manufacturers and importers of, and dealers in, firearms or an munition, or components thereof (ammunition does not include shotgun shells metallic ammunition suitable for use only in rifles of .22 caliber rimfire eart ridges); (b) provides certain restrictions on the movement of all types of fire arms and ammunition in interstate or foreign commerce; (c) prohibits en victed felons, persons under indictment and fugitives from justice from shp ping, transporting or receiving firearms or ammunition in interstate or fore. commerce; (d) prohibits the shipment, transportation or receipt of stolen fire arms or ammunition, or firearms from which the serial number has been removed. obliterated or altered. Application for a manufacturer's or dealer's license is made to the Director of the Internal Revenue District in which the applicant resides. The fee for a manufacturer's license is $25 a year; for a dealer's license, one dollar a year. Postal laws and regulations.-Concealable firearms, such as pistols or revolvers, may not be shipped through the mails, except to the following classes of persons in connection with their official duty-(a) active and reserve officers of the Armed Forces and state militia, (b) enforcement officers and employees of enforcement agencies, (c) watchmen of government property, (d) employees of the postal service. Shipments by manufacturers or dealers, from one to the other, are also exempted from the prohibition. Unloaded rifles and shotguns, and antique or unserviceable pistols and revolvers sent as curios or museum pieces, are mailable. Regulations governing the international traffic in arms.-These regulations, administered by the Office of Munitions Control, Department of State, provide, among other things, that (a) persons engaged in the business of manufacturing, exporting or importing firearms or ammunition or components thereof (except shotguns and shotgun shells) must register with the Secretary of State at a fee of $75 a year; (b) the exportation or importation of firearms or ammunition, except shotguns or shotgun ammunition, requires an export or import license (no charge); (c) a person may enter or leave the United States without a license, with a maximum of three firearms and 1,000 rounds of ammunition for such firearms when these articles are part of his baggage (accompanied or unaccompanied) and intended for his personal use, not for resale; (d) firearms manufactured prior to 1898 may be imported or exported without a license. Internal Revenue Code of 1954.-This law imposes the following tax upon the sale by the manufacturer, producer or importer of firearms and ammunition; articles taxable at 10 percent-pistols, revolvers; articles taxable at 11 perecntfirearms (other than pistols and revolvers), shells and cartridges. Tariff Act of 1930, as amended.-Firearms not designed to fire, or incapable of firing, a fixed metallic cartridge or fixed shotgun shell are exempted from import duty. Federal Aviation Act of 1958, as amended.-No person, except a law-enforcement officer authorized or required to carry arms or other persons authorized by regulations issued by the Administrator of the Federal Aviation Agency, may carry a deadly or dangerous weapon on or about his person while aboard an air carrier. Unloaded firearms in baggage not accessible to the passenger while aboard the aircraft are permissable. National Parks and Monuments.-Hunting, or the use or display of firearms, is not permitted in the areas administered by the National Park Service, Department of the Interior. (Five areas within the National Park System are open to public hunting: Lake Mead, Nev.; Grand Teton, Wyo.; Cape Cod, Mass.; Cape Hatteras, N.C.; Grand Coulee, Wash.) Firearms may be taken into national parks, etc., provided that the arms are sealed by a ranger, or the arms broken down and not readily accessible. Explosives under Interstate Commerce Commission (ICC) regulations.—Small arms ammunition and components are classified under federal regulations as follows: Class A explosives-blackpowder; Class B explosives (solid, propellant) smokeless powder: Class C explosive ammunition and primer. Smokeless powder for smallarms in quantities not exceeding 100 pounds net weight may be classed as a flammable solid (FS) for purposes of transportation by common, contract or private carrier by public highway. Maximum quantity in any inside container must not exceed 8 pounds, and inside containers must be arranged and protected to prevent simultaneous ignition of the contents. Explosives may be shipped by rail freight, rail express, rail baggage, highway or water, provided the articles are in proper condition for transportation and are packed. marked and otherwise prepared for shipment as provided in the regulations. When explosive shipments are accepted by motor vehicle for further transportation by rail express, rail baggage, rail freight or by water on board vessel, they must. in addition to the basic requirements of the ICC, comply with the applicable regulations for the service by which the explosives are to be further transported. The federal laws and regulations on the transportation of explosives are usually supplemented by state statutes and sometimes by local ordinances. 82-64667- -81 STATE Note: In addition to state laws, there frequently are local ordinances (county, city, town or village) governing firearms. To determine whether or not such local laws exist, a person should contact the county or municipal clerk. States requiring a license to sell handguns at retail.—Alabama, California, Connecticut, Delaware, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland; Massachusetts, New Hampshire, New Jersey, New York, North Carolina, North Dakota (local option), Oregon, Pennsylvania, Rhode Island, South Carolina. South Dakota, Tennessee, Texas, Virginia (certain counties), Washington, West Virginia. Also the District of Columbia. States requiring a permit (or equivalent) to purchase a handgun.—Hawaii, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Virginia (certain counties). States requiring a waiting period between purchase and delivery of a hundgun.-Alabama, California, Connecticut, Indiana, Maryland, New Jersey, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee. Also the District of Columbia. States requiring an identification card (or equivalent) for the purchase of a rifle or shotgun.-New Jersey. States requiring a license to possess a handgun.-New York. States requiring a registration of firearms.—Hawaii and Mississippi (handguns and certain other firearms), Michigan (handgun safety inspection and certification), New York (license to possess a handgun). States requiring a license to carry a handgun on or about the person.—Comcealed: Alabama, California, Colorado, Delaware, Idaho, Iowa, Maine, Michigan, Montana, Nevada, New Hampshire (loaded), New Jersey, Oregon, Pennsylvania, South Dakota, Utah, Virginia, Washington, Wyoming. Concealed or openly: Connecticut, Florida, Hawaii, Indiana, Massachusetts, New York, North Dakota, Rhode Island, West Virginia, also the District of Columbia. Openly only (carrying concealed prohibited): Georgia. States having no requirement for a license to carry but prohibiting the carrying of a handgun on the person.-Concealed: Alaska, Arizona, Illinois, Kansa Kentucky, Louisiana, Maryland, Mississippi, Missouri Nebraska, New Mexico (loaded), North Carolina, Ohio, Wisconsin. Concealed or openly: Arkansas (as a weapon), Oklahoma, South Carolina, Tennessee (with intent to go armed), Texas. With intent to assault: Minnesota, Vermont. States requiring a license to carry a handgun in a vehicle.-Concealed: California, Idaho, Oregon. Concealed or openly: Alabama, Connecticut, Hawaii. Indiana, Iowa, Massachusetts, Michigan, New Hampshire (loaded), New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Dakota, Washington (loaded). States prohibiting the carrying of a loaded firearm in a vehicle.-Rifle or shotgun: California, Connecticut, Delaware, Iowa, Maryland, Massachusetts. Michigan, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania. Rhode Island, Washington. Shotgun: Nebraska. Any firearm: Hawaii, Illinois Maine (in case of handguns, except persons licensed to carry), Utah, Virginia (certain counties), West Virginia, Wisconsin. Interstate transportation of firearms. There is no license which authorizes a person to transport a pistol or revolver from one jurisdiction to another. Each state has its own laws and regulations governing the carrying of handguns, and every person must comply with the requirements of the state in which be happens to be at a given time. In those states not requiring a license to carry in a vehicle but imposing a restriction (by license or prohibition) on carrying on the person, the carrying of a handgun in a vehicle so as to be within easy reach of the driver is often considered the same as carrying on the person. (By "easy reach of the driver" is meant such carrying as in the glove compartment or on or under the front seat Almost all of the states either do not honor, or do not make any provision for honoring, an out-of-state license or permit. A person should have little or no difficulty in transporting a target or hunting type rifle or shotgun, provided that such firearm is unloaded and suitably caed or wrapped. It is suggested that the rifle or shotgun be carried in the back wat or trunk (preferably the latter) of the automobile. Types of licensing authority for the purchase, possession or carrying of handguns. Police: Alabama, California, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Maryland, Nevada, New Jersey, New York (six counties), Oregon, Pennsylvania, Utah, Wyoming. Judicial: Delaware, Georgia, New York (fifty-six counties), Virginia, West Virginia: Other administrative agency: Florida, Missouri, Montana, Rhode Island. Any of three: Colorado, Massachusetts. Either police or judicial: North Carolina, North Dakota, South Dakota, Washington. Either police or other administrative agency: Connecticut, Maine, Michigan, Mississippi, New Hampshire. Term and other conditions of licenses.-The usual term of such licenses is one year, although Georgia law provides for a three-year license to carry a handgun. License fees vary from fifty cents to twenty dollars. Customarily, full age, good character and absence of a criminal record are required. The latter is variously defined, ranging from conviction of a felony, through conviction of a crime of violence, to conviction of any crime. California, New Jersey, and New York make the taking of fingerprints compulsory. The majority of the states provide that the license be carried with the firearms and produced on demand by a peace officer. Delaware and West Virginia require publication by the applicant of his notice to apply for licenses to carry firearms. Four states that license the carrying of firearms require the posting of security, amounting to $100 (Florida, Georgia), $300 (Rhode Island), $2,000 (certain licenses, Mississippi) or $3,500 (West Virginia). Minimum age for purchase.-Minimum age requirements for the purchase of handguns vary widely from state to state, with the majority being either 18 or 21 years. There is an even greater variance in the minimum ages that allow for the possession or handling of any firearm by a minor. Space limitation of this Digest does not permit a listing of these requirements, which are further complicated by the many exceptions and qualifications to the basic statutes. EXHIBIT No. 48 FEDERAL AND STATE CONSTITUTIONAL PROVISIONS, RIGHT TO Keep and Bear Arms (Compiled by the Legislative Service, National Rifle Association of America, 1600 Rhode Island Avenue NW., Washington, D.C. 20036) United States.-Bill of Rights, Amendment II: A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. Alabama.-Article I, Section 26: That every citizen has a right to bear arms in defense of himself and the state. Alaska.-Article I, Section 19: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Arizona.-Article II, Section 26: The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men. Arkansas.-Article II, Section 5: The citizens of this State shall have the right to keep and bear arms for their common defense. California.-No constitutional provision. Colorado.-Article II, Section 13: The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. Connecticut.-Article I, Section 15: Every citizen has a right to bear arms in defense of himself and the state. Delaware. No constitutional provision. Florida-Declaration of Rights, Section 20: The right of the people to bear arms in defense of themselves and the lawful authority of the state shall not be infringed, but the Legislature may prescribe the manner in which they may be borne. Georgia.-Article I, Section I, Paragraph XXII: The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne. Hawaii-Article I, Section 15: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Idaho.-Article I, Section 11: The people have the right to bear arms for their security and defense; but the Legislature shall regulate the exercise of this right by law. Indiana.-Article I, Section 32: The people shall have a right to bear arms, for the defense of themselves and the state. Iowa.-No constitutional provision. Kansas. Bill of Rights, Section 4: The people have the right to keep and bear arms for the common defense. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military shall always be held in an exact subordination to the civil authority, and be governed by it. Kentucky.-Bill of Rights: We declare that... all men... have... 7. The right to bear arms in defense of themselves and of the state, subject to the power of the general assembly to enact laws to prevent persons from carrying concealed weapons. Louisiana.-Article I, Section 8: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be abridged. This shall not prevent the passage of laws to punish those who carry weapons concealed. Maine.-Article I, Section 16: Every citizen has a right to keep and bear arms for the common defense; and this right shall never be questioned. Maryland. No constitutional provision. Massachusetts.-Declaration of Rights, Article 17: The people have a right to keep and bear arms for the common defense. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military shall always be held in an exact subordinstion to the civil authority, and be governed by it. Michigan. Article I, Section 6: Every person has a right to keep and bear arms for the defense of himself and the state. Minnesota. No constitutional provision. Mississippi.-Bill of Rights, Article III, Section 12: The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons. Missouri.-Article I, Section 23: That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully sum moned in aid of the civil power shall not be questioned; but this shall not justfy the wearing of concealed weapons. Montana. Article III, Section 13: The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the cir! power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons Nebraska. No constitutional provision. Nevada. No constitutional provision. New Hampshire.-No constitutional provision. New Mexico.-Article II. Secton 6: The people have the right to bear arma for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons. New York-No constitutional provision. Section 4, Civil Rights Law, 'a statute) provides: A well regulated militia being necessary to the security a free state, the rights of the people to keep and bear arms cannot be infringet North Carolina.-Article I, Section 24: A well regulated militia being req sary to the security of a free state, the right of the people to keep and berr arms shall not be infringed, and as standing armies in time of peace are dargerous to liberty, they ought not to be kept up, and the military should be kept under strict subordination to, and governed by, the civil power. Nothing berein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice. North Dakota.—No constitutional provision. Ohio. Article I, Section 4: The people have the right to bear arms for their defense and security; but standing armies, in time of peace are dangerous to liberty and shall not be kept up, and the military shall be in strict subordinator to the civil power. |