FEDERAL FIREARMS ACT

MONDAY, JULY 10, 1967

U.S. SENATE,

SUBCOMMITTEE ON JUVENILE DELINQUENCY,

COMMITTEE OF THE JUDICIARY,

Washington, D.C. The subcommittee (composed of Senators Dodd, Hart, Bayh, Burdick, Tydings, Kennedy of Massachusetts, Hruska, Fong, and Thurmond) met, pursuant to call, at 10 a.m., in room 318, Old Senate Office Building, Senator Thomas J. Dodd (chairman of the subcommittee) presiding.

Present: Senators Dodd, Hart, Kennedy of Massachusetts, Hruska, and Thurmond.

Also present: Carl L. Perian, staff director; Bernard Tannenbaum, special counsel; Richard W. Velde, minority counsel; William C. Mooney, chief investigator; Eugene W. Gleason, editorial director; Peter Freivalds, research director; and Richard C. Sheridan, assistant minority counsel.

Chairman DODD. The committee will come to order.

We begin these hearings squarely facing the stark reality that, in the first 3 months of this year, serious crime has increased a record 20 percent over the same period for 1966. Crimes of violence account for their share, a substantial share, of this increase. Murder is up 23 percent, robbery is up 32 percent, and aggravated assault is up 15 percent.

And we know that guns are a major player in this deadly game. They have a role in 60 percent of our murders, two-thirds of our armed robberies, and almost one-fifth of our aggravated assaults.

This added up to 85,000 gun crimes in 1965, and over 100,000 in 1966. And the rate for the first months of 1967 proves that this figure will continue to soar.

As if our crime and racial troubles weren't substantial enough already, national firearms spokesmen have joined extremist group leaders in urging what might tragically be termed "The Guns of August.' They declaim, in the context of that overworked phrase "the long hot summer," that everybody should have guns; guns to protect themselves, guns to protect their loved ones, guns to protect their homes, and guns to protect their neighborhoods."

The "armed camp," "the posse," "the vigilante," and the "minuteman"-phrases which are throwbacks to the early days of this Nation have degenerated to become a part of the inflammatory vocabulary of our violent times.

This is the position to which we have deteriorated in the country which boasts to the world that we are a country governed by laws.

1

It is in this present national crisis that we open this hearing on legislation to control the unrestricted acquisition and use of firearms. These hearings have been requested by the Subcommittee to Investigate Juvenile Delinquency. All the members of this subcommittee agree that the purchase of firearms by irresponsible persons needs to be stopped. Our purpose during these hearings is to find the most effective means to achieve this, our mutual goal.

We recognize that sportsmen have a legitimate interest in firearms for recreation. But we also recognize that a large proportion of the criminal population uses guns to compound their offenses to life and property. We recognize further that emotionally unstable and immature individuals use guns as an escape from problems and as a substitute for adult stature.

We seek to preserve the hunters' and marksmen's valid sport. At the same time we seek to prevent the purchase and use of firearms by those incapable of handling them responsibly.

We must put an end to the unquestioned sale of guns to the juvenile, the criminal, and the emotionally disturbed.

We must eliminate the condition in which a Federal licensee who owns a large metropolitan mail-order house can unknowingly sell firearms to a clientele, 1 out of 4 of whom have criminal records.

We must eliminate the condition in which persons who are unable to purchase guns legally in their home States travel into neighboring States to buy over the counter with no questions asked.

We must eliminate the condition in which a child under 18 years of age can order and receive a rifle or other firearms by mail without the knowledge or consent of his parents.

We must eliminate the condition in which a minor under 21 can order and obtain a handgun by mail or over the counter.

We must eliminate the condition in which any extremist, paramilitary group can acquire an arsenal of destructive devices which include bazookas, mortars, cannons, and mines.

These are conditions that exist today.

While the dealers in each of these situations do not violate the letter of the present Federal law, the fact remains that, because of glaring weaknesses in that law, this interstate traffic in firearms to criminals and children continues to flourish.

We must give States a way in which they can effectively enforce their own ordinances for the control of gun sales.

At present, they cannot do so, as just one of many striking illustrations will show.

Massachusetts investigators found that 87 percent of the guns used in crimes in that State were purchased outside Massachusetts. These guns were not stolen, in spite of claims to the contrary. Seventy percent of the gun sales in the neighboring States of Maine, Vermont, and New Hampshire were to residents of Massachusetts, with its stricter gun laws.

What I want to make clear in this opening statement is that we are going over the bills that have been submitted, that are now pending. S. 1, Amendment 90 to S. 1, the State Firearms Control Assistance Act of 1967, S. 1853, and S. 1854. We know that passage of a law will not stop all crime. What we are trying to do is get reasonable controls so that we can reduce the opportunity for undesirable people to get firearms. That is about all there is to it.

I have only briefly touched on some of the conditions we have uncovered which have convinced many Senators to support the legislation proposed by President Johnson. These conditions are the breeding ground for much of this country's serious crime.

But I want to make it clear that none of the proposed bills will stop all crime in the streets. They will not end all gun killings by children, by suicidal despondents, by deranged snipers, by outraged spouses, or by insensitive criminals.

The proposed legislation does offer the controls to severely limit the opportunities that those incapable of using guns properly will have to obtain them. And in doing so, we can significantly reduce certain types of gun crimes.

It's as simple as that.

The goal of these firearms bills is to assure the citizens of this country that their right to life and the pursuit of happiness is not denied by guns in the hands of those who should not be permitted to possess them in the first place.

Senator Hruska has introduced S. 1853 and S. 1854 which would regulate the mail-order sale and nonresident purchase of handguns between States and would include the so-called destructive devices under the provisions of the National Firearms Act.

Both the bill introduced by me, S. 1, and Amendment 90 which I introduced as a substitute on behalf of the administration, are designed to rigidly control the interstate mail-order sale of firearms to individuals; to regulate the over-the-counter sale of all firearms; to license all dealers, importers, and manufacturers of firearms; to prohibit the importation of military surplus handguns and to regulate all other imported firearms; and to place stringent controls over the destructive devices.

I might add that I don't think there is any difference of opinion among any of us as far as destructive devices are concerned, except how to best get control of them.

The three major bills we are considering would be effective in varying degrees in cutting down the total number of gun crimes. It is my opinion that the administration bill, Amendment 90, would be the most effective because it is the most far reaching.

Some gun owners argue that it is too stringent. We are trying to find out in these hearings whether or not the responsible gun enthusiasts will be willing to sustain slight inconvenience in order to guarantee to all Americans the best possible Federal gun control law. What we are really doing today is continuing public hearings which began in 1963 on the only major firearms legislation to come before the Congress in almost 30 years.

We are affording time to all those who are concerned with firearms, those in recreation, those in law enforcement, and those in Congress. We want to hear from all of them and give them an opportunity to express their sentiments and to offer their recommendations.

All of us are striving to reduce injuries and deaths by guns in misguided hands, to find the best method to do so.

We hope to be able to do so through this set of hearings. Without objection I will ask that copies of Senate Resolution 35, S. 1, Amendment 90, S. 1853 and S. 1854 be printed in full at this point in the record and reports received from various government agencies will be printed in the appendix.

82-646-67-2

(The documents referred to were marked "Exhibits Nos. 1, 2, 3, 4, and 5" and are as follow:)

EXHIBIT No. 1

[S. Res. 35, 90th Cong., 1st sess.
s.]

[Report No. 34]

RESOLUTION

Resolved, That the Committee on the Judiciary, or any duly authorized subcommittee thereof, is authorized under sections 134 (a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdictions specified by rule XXV of the Standing Rules of the Senate, to examine, investigate, and make a complete study of any and all matters pertaining to juvenile delinquency in the United States, including (a) the extent and character of juvenile delinquency in the United States and its causes and contributing factors; (b) the adequacy of existing provisions of law, including chapters 402 and 403 of title 18 of the United States Code, in dealing with youthful offenders of Federal laws; (c) sentences imposed on, or other correctional action taken with respect to, youthful offenders by Federal courts, and (d) the extent to which juveniles are violating Federal laws relating to the sale or use of narcotics.

SEC. 2. For the purposes of this resolution, the committee, from February 1, 1967, to January 31, 1968, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ, upon a temporary basis, technical, clerical, and other assistants and consultants: Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be so fixed that his gross rate shall not be less by more than $2,300 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimbursable services, information, facilities, and personnel of any of the departments or agencies of the Government.

SEC. 3. The committee shall report its findings, together with its recommendations for legislation, as it deems advisable, to the Senate at the earliest practicable date, but not later than January 31, 1968.

SEC. 4. Expenses of the committee, under this resolution, which shall not exceed $225,000, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee.

EXHIBIT No. 2

[S. 1, 90th Cong., first sess.]

A BILL To amend the Federal Firearms Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "State Firearms Control Assistance Amendments of 1967".

FINDINGS AND DECLARATION

SEC. 2. (a) The Congress hereby finds and declares

(1) that there is a widespread traffic in firearms moving in or otherwise affecting interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the States to control the firearms traffic within their own borders through the exercise of their police power;

(2) that the ease with which any person can acquire firearms (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of duly constituted public authorities, and others whose possession of firearms is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the United States;

(3) that only through adequate Federal control over interstate and foreign commerce in firearms, and over all persons engaging in the businesses of importing, manufacturing, or dealing in firearms, can this grave problem be properly dealt with, and effective State and local regulation of the firearms traffic be made possible;

(4) That the acquisition on a mail-order basis of firearms by nonlicensed individuals, from a place other than their State of residence, has materially tended to thwart the effectiveness of State laws and regulations, and local ordinances;

(5) that the sale or other disposition of concealable weapons by importers, manufacturers, and dealers holding Federal licenses, to nonresidents of the State in which the licensee's place of business is located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions regarding such firearms;

(6) that there is a causal relationship between the easy availability of firearms and juvenile and youthful criminal behavior, and that firearms have been widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior;

(7) that the United States has become the dumping ground of the castoff surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the United States in recent years, has contributed greatly to lawlessness and to the Nation's law enforcement problems;

(8) that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, and so forth, and destructive devices such as explosive or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern;

(9) that the existing licensing system under the Federal Firearms Act does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system.

(b) The Congress further hereby declares that the purpose of this Act is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this Act to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this Act is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this Act.

SEC. 3. The first section of the Federal Firearms Act (52 Stat. 1250) is amended to read as follows:

"SECTION 1. DEFINITIONS.-(a) As used in this Act

"(1) The term 'person' includes an individual, partnership, association, or corporation.

"(2) The term 'interstate or foreign commerce' means commerce between any State or possession (not including the Canal Zone) and any place outside thereof; or between points within the same State or possession (not including the Canal Zone), but through any place outside thereof; or within any possession or the District of Columbia. The term 'State' shall include the Commonwealth of Puerto Rico, the Virgin Island, and the District of Columbia.

*(3) The term 'firearms,' except where the context otherwise requires, means any weapon (including a starter gun), by whatsoever name known, which will, or is designed to, or which may be readily converted to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; or any destructive device.

(4) The term 'destructive device' means any explosive or incendiary (A) bomb or (B) grenade or (C) mine or (D) rocket or (E) missile or (F) similar