PROPOSED AMENDMENTS TO THE FEDERAL FIREARMS ACT AND THE NATIONAL FIREARMS ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000500280027-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 15, 2016
• Document Release Date: April 2, 2004
• Sequence Number: 27
• Publication Date: March 22, 1965
• Content Type: OPEN

Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
March 22, 1965 CONGRESSIONAL RECORD - SENATE
lowing language after the word "serv-
ices": "directly in connection with the
consultation regarding and the prepara-
tion and execution of documents neces-
sary to accomplish the legal placing or
arranging for the placement of a child
In a home for permanent free care or
adoption;
The PRESIDING OFFICER. The
question Is on agreeing to the amend-
ment.
The amendment was agreed to.
The PRESIDING OFFICER. The
next committee amendment will be
stated. .,.
The LEGISLATIVE CLERK. On page 5,
line 12, it Is proposed after the word "or"
to strike out "courts" and insert "any
court."
The PRESIDING OFFICER. The
question is on agreeing to the committee
amendment,
The amendment was agreed to.
The PRESIDING OFFICER. The
bill Is open to further amendment. If
there Is no-further amendment to be
proposed, the question is on the engross-
ment and third reading of the bill.
The bill (S. 624) was ordered to be
engrossed fo a it reading, and
was read tli it im nd passed.
PROPO AM MENTS TO THE
"FED)R L FIR ARMS ACT AND THE
NATIONAL FIREARMS ACT
Mr.. DODD. Mr, President, today, I
am introducing two bills recommended
by the administration, one "to amend
the Federal Firearms Act," the other "to
amend the National Firearms Act."
These proposals constitute a major im-
plementation of President Johnson's war
-on our exploding crime problem.
The first of these bills would normally
be referred to the Senate Commerce
Committee. I have cleared with appro-
priate Senators a request to have this
bill referred to the Judiciary Commit-
tee, and at this time I ask unanimous
consent that the bill be so referred.
Mr. MAGNUSON. Mr. President, re-
serving the right to object-and I shall
not object-I and the other members of
the Committee on Commerce are very
conscious of the interest of the Senator
from Connecticut in the so-called gun
bills. Last year a similar bill was re-
ferred to the Senate Committee on Com-
merce. In fact, two or three bills were
so referred. But on the major bill,
which was introduced by the Senator
from Connecticut [Mr. Donn], the com-
nilttee conducted some lengthy hear-
ings.
There was some opposition to portions
of,the bill, and that resulted from the
fact that a great number of people in the
country felt that the bill should be modi-
fied. The objections came particularly
from the western part of -the United
States, In the Western States gun laws
are fashioned to fit the general area In-
volved and the type of people who live in
these area5...They consist of ranchers
and people who are generally more
scattered. We were about to arrive at a
The chairman of the committee him-
self desired to have the bill passed as
introduced, particularly as it related to
these under legal age.
Mr. DODD. Yes.
Mr. MAGNUSON. But we had a prob-
lem. We then asked the American Bar
Association-and they agreed-to set up
a committee to study the question, be-
cause some constitutional questions were
involved. There was the question of the
constitutional right to bear arms and
similar questions. That is sometimes a
pretty sensitive point with people who
live in the West. The American Bar As-
sociation agreed to set up a committee
to study the possibility of drafting a uni-
form measure for the States, which the
States could implement or do whatever
they wished to do about it. That com-
mittee has not yet made a report. It
might wish to make a report to the
Judiciary Committee, Because of the
constitutional question involved, I be-
lieve it was properly referred to the
Judiciary Committee. After the Judici-
ary Committee is through with the meas-
ure, which I hope will be soon, the Com-
mittee on Commerce will take a quick
look at it. I assure the Senator that our
look at the interstate commerce pro-
visions of the bill will be quick. I think
we can get on with this proposal now.
The differences have been pretty well
adjusted by all of us In regard to this
type of legislation. I am very hopeful
that it can be passed as soon as possible.
Mr. DODD. Mr. President, I thank
the Senator from Washington. He has
been diligent and helpful in many re-
spects. He and I have conferred on a
number of occasions about the bill. I
know of his interest In enacting the
proper kind of proposed legislation. I am
grateful to him for his cooperation this
morning in allowing the bill to be re-
ferred to the Committee on the Judiciary.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and it
Is so ordered.
Mr. DODD. Under the arrangement
that we have worked out, once the Judi-
ciary Committee has reported back a bill
to the Senate, and I hope this will be
soon because I expect to hold hearings
very shortly, the Commerce Committee
will have an opportunity to express its
views and opinions on the Judiciary Com-
mittee's recommendations.
I have conducted hearings covering
every section of the country, in an at-
tempt to bring before the public the
tragedy and imbecility of our failure as a
society to civilize the use of firearms.
In terms of legislative accomplishment,
the result of this 4-year effort has, thus
far, been a lamentable cipher,
But there has been considerable suc-
cess in stimulating awareness of the
problem and support for its solution,
from the people, in the press, among my
colleagues, and from the White House, a
success which stems, not' from my ad-
vocacy alone, but from the condition it-
self, so incendiary, so chaotic, so idiotic,
that its continuation challenges the sense
and even the sanity of our society and
our lawmakers. ,
It is, therefore, with a sense of thanks-
giving, and, hopefully, with a sense of
victory in the air that I introduce, in be-
half of the administration, legislation
calling for controls more comprehensive
and stringent than I dared to hope for in
the heedless and complacent years gone
by when 10 million weapons were placed
in unknown hands, foreshadowing a toll
in death and in tragedy that has yet to be
reckoned.
The two bills which I have just in-
troduced will, in brief, do the follow-
ing:
First. Prohibit mail-order sales of fire-
arms to individuals by limiting firearms
shipments in Interstate and foreign com-
merce to shipments between importers,
manufacturers, and dealers.
Second. Prohibit sales by federally
licensed Importers, manufacturers, and
dealers, of all types of firearms to persons
under 21 years of age, except that sales
of sporting rifles and shotguns could con-
tinue to made to persons over 18 years of
age.
Third. Prohibit a Federal licensee
from selling a firearm, other than a rifle
or shotgun, to any person who Is not a
resident or businessman of the State in
which the licensee's place of business is
located.
Fourth. Curb the flow into the United
States of surplus military weapons and
other firearms not suitable for sporting
purposes.
Fifth. Bring under Federal control in-
terstate shipments. and disposition of
large-caliber weapons such as bazookas
and antitank guns, and destructive de-
vices such as grenades, bombs, missiles,
and rockets. -
Sixth. Increase license fees, registra-
tion fees, and occupational taxes under
the Federal and National Firearms Acts.
Seventh. Provide other Federal con-
trols designed to make it feasible for
States to control more effectively traffic
in firearms within their borders under
their police power.
Mr. President, I send to the desk an
exhaustive, line-by-line analysis and de-
scription of each bill, and I ask unani-
mous consent that the analyses and the
bills be printed in the RECORD at the con-
clusion of my remarks.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
(See exhibit 1.)
Mr. DODD. This legislation will be
thoroughly scrutinized in committee
hearings and later in floor debate. The
opposition to it comprises one of the
most formidable and effective lobbies in
legislative history, and I speak for 4
years of rueful personal experience.
I assure my colleagues that every
stiategem the mind of men can devise
against this bill, fair and unfair, will be
pressed with crusading vigor,
No strength in it will go unscathed.
No weakness in it will remain undis-
covered,
And I also give assurance that the
case for these bills will be presented com-
pletely and, I hope, convincingly.
I believe that the press, the clergy, the
.many, responsible elements in the arms
Approved. For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
 Approved For Release 2004/05/05: CIA-RDP67B00446R0005002800K7-8
'5358 CONGRESSIONAL RECORD -SENATE March 22, 1965
industry, and public-spirited groups
cvefywhere will help us to present this
Cape.
Let me go back and briefly outline my
position on the firearms problem.
I I first introduced an amendment to
the Federal Firearms Act on August 2,
1963, well before the tragic assassination
of President Kennedy. The legislation
was painstakingly built, brick by brick,
on a foundation of 2'/2 years of investl-
gation and study of the firearms prob-
lem In the United States.
The record which the subcommittee
Compiled contained all the documenta-
tion necessary for the Congress to con-
sider a bill such as the one recommended
by me. I endeavored to make that record
clear, and I believe that I have done so.
The existence of a mail-order gun prob-
lem was quite apparent to me and to the
scores of witnesses who testified before
the Juvenile Delinquency Subcommittee.
In my original proposal in 1963, I ap-
approached the problem In a moderate
manner. My bill did not go as far as
would the bill the President has recom-
Mended and which I introduce today. I
took this approach because I thought
that control over the traffic in conceal-
.able weapons would be sufficient at that
time.
Subsequently, after the assassination
of President Kennedy with a mail-order
rifle, ramended my bill to include shot-
guns and rifles because I was convinced
.that no real control over the traffic in
dangerous firearms could be effective
without covering the so-called long guns.
However, the assassination was not my
only reason for including all firearms in
my bill. While this tragedy painfully
dramatized the situation, evidence gath-
ered by the subcommittee In its contin-
uing investigation revealed that rifles
and shotguns were, indeed, a major con-
tributing factor to the crime explosion
being experienced by this Nation.
Yet, as we all know, the blind, almost
mindless, efforts of a segment of the gun
enthusiasts, with their shabby, time.
worn slogans, have, to date, been success.
ful in defeating my efforts.
My reasonable legislative approach ha:;
not become law and the firearms Proh?
lem In the land has worsened, almost by
the hour.
Today, in these introductory remark:,
I shall try only to answer three basis
questions.
Is this a problem of sufficient scope to
justify Federal controls?
Cannot State and local authorities do
this job?
Will these Federal controls effectivey
solve the problem?
As for the-scope of this problem, I need
only say that in the year 1963, appro:c-
fmately 5,000 people were murdered with
firearms: ....
Fourteen hundred were murdered with
rifles and shotguns.
About 2,500 of these murders were
committed with mail-order weapons.
Let me cite, at random, from my files,
some individual aspects which should
personalize the statistics and put flesh
and bones on them for all of us.
As recently as January 30, 1965, a i5-
year-old youngster from nearby Balti-
more, shot and killed his father, mother,
and sister with a foreign-made, 38-
caliber revolver, which he has purchased
from the gunrunner, Martin Retting, in
Los Angeles, Calif.
As he was arrested, another gun was
being delivered to him by Railway Ex-
press from the same gunrunner.
This is the same gunrunner who im-
prrted and sold the telescopic sight used
bq Lee Harvey Oswald to track and kill
President Kennedy.
On February 4, 1965, a student at the
University of California shot and killed
Y:ls biology instructor with a foreign-
rnade, Walther P-38 pistol, which he
purchased from Hunter's Lodge, a mail-
c rder gunrunner firm in Alexandria,
'la.
I would cite the following recent re-
ports of sniper murders and shootings in
he subcommittee files. They have one
thing in common. They involve boys
in their middle teens and rifles that are
available by mail order.
In New York City, a 16-year-old
admitted wounding an 11-year-old boy
with a mail-order type rifle in a sniper
attack.
In New York State, a 16-year-old
youngster shot a young bride with a
mail-order type rifle.
Again, in New York State, two young-
sters ages 14 and 17, are involved in the
sniper shooting with a mail-order rifle
of two elderly men.
In St. Louis, two youths are held by
police in the rifle sniping of homes.
In Los Angeles, one youth Is killed and
another wounded by a rifleman armed
with a mail-order type firearm.
I could go on, reading Into the record
page after page of these needless atroci-
ties. But I have said enough to show
that this Is a vast problem, which in-
volves every city and village and which
potentially threatens the safety of any
and every home In the land.
Can State and local authorities handle
this job? No.
To any scholar who is looking for the
classic situation that requires a full part-
nership between local and State and
Federal governments, I recommend the
problem of controlling the use of fire-
arms.
Federal, State, and local governments
must enact laws which are complemen-
tary, one to the other, as there must be
a law to regulate every situation under
which a gun can be obtained.
Local and State laws, however strin-
gent, are mockeries if the purchaser can
circumvent them secretly via the mail-
order route.
And adequate Federal control over
foreign imports and the interstate flow
of weapons is robbed of half its effective-
ness If there is no control over who may
obtain weapons at the local gunshop.
This should be obvious to all but the
simple-minded and the incorrigibly
wrongheaded.
Allow me to sketch briefly the mean-
ingless shambles to which local controls
have been reduced by foreign imports
and interstate mail-order sales.
During 1903 and 1964, almost 2'/2 mil-
lion firearms were imported into the
United States from England, Germany,
France, Italy, and Spain.
This figure does not include the tens
of thousands of ordnance-type firearms,
including antitank guns.
Nor does it include the tens of thous-
ands of weapons which have been im-
ported as parts, components, or scrap
metal.
When this colossal inventory of sur-
plus foreign weapons is channeled to in-
dividual purchasers through the mail-
order route In defiance or in indifference
to local and State laws, the task of local
authorities becomes insuperable.
These Investigations conducted by the
Juvenile Delinquency Subcommittee re-
vealed that mail-order firearms have
been sent to known criminals in cities
all across the country.
Guns have been pouring into New
York in circumvention of the well-known
Sullivan law there.
In Pittsburgh, juveniles and con-
victed criminals are receiving mail-order
weapons, despite the Uniform Fire-
arms Act of the State of Pennsylvania.
Four thousand of Chicago's citizens,
over a 3-year period, received weapons
from just two mail-order dealers.
One thousand of them had criminal
records. They were known felons who
had been convicted for crime after crime.
In Los Angeles, many mail-order fire-
arms have been confiscated from con-
victed felons who used them in the com-
mission of armed robberies.
In September of 1964, the Federal Bu-
reau of Investigation seized four Rus-
sian Army Tokarev semiautomatic rifles,
which had been shipped into an area of
high racial tension in Mississippi by one
of our largest firearms importers. This
was done right at the height of the ten-
sion there. We have one of those guns
In our possession, which was found at
the height of the very difficulty which
Congress is now trying to settle peace-
fully. Members of the Ku Klux Klan
obtained those guns from one of these
gunrunning mail-order houses.
In December of 1964, we had the at-
tempted shelling of the United Nations
building by a German World War II
mortar which was traced to a firm in
New Jersey.
In October 1964, as a result of a feared
assassination attempt on President
Johnson, a cache of automatic firearms,
including foreign weapons, was seized by
authorities near Corpus Christi, Tex.
In November of 1963 a Finnish anti-
tank gun was taken from three youths
in New Jersey who were discovered shell-
ing nearby farm buildings which, thank-
fully, happened to be empty.
Some of the incidents are so bizarre
and fantastic as to be almost comic, were
if not for their grim harvest of death and
destruction,
What can be said of a society which
tolerates such caricatures of civilized
conduct?
The best that can be said of it is that
it is asleep; and it Is our task to wake it
up.
Let us start at the top, by fulfilling
the Federal responsibility, through elim-
inating the mass dumping of foreigr
i
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8.
I i
 March fi~6f
Approve ,or a ease 2004/0&/0.O O( $9060590 0'1Z E3 5359
-weapons here and through shutting off of American citizens-many of whom S. 1591. A bill to amend the National Fire-
the mail-order traffic. should not be allowed to own even a cap arms Act to Impose sspecial Then letus ask every community this p g iontaeion si
in pistol. taxes with respect to engaging the -
land to impose strict requirements on the It will drive out the fly-by-night gun ness of Importing, manufacturing, g, and deal-
local level. dealers and limit the field to responsible Ing in destructive weapons such as bombs,
Will any controls, and specifically these stable businessmen. grenades, rockets, missiles, bazookas, and
Federal controls, solve a problem of this I endorse these,measures fully and will anti-tank guns, to impose taxes with respect
nature? y to the making and to the transfer of such
do all that I can to hasten their passage. weapons, and to increase the rates of special
Will not those who want guns manage Mr. President, my critics charge me (occupational) tax, transfer tax, and making
to get them, whatever the law says? with being antigun and antisport. I tax imposed by the act, and for other put-
Questions such as these are often am not hostile to the use of guns. I am poses; to the Committee on Finance.
raised against any attempt to clean up not indifferent to the problems of arms ExiixsIT 1
these abuses. manufacturers and arms merchants. Be it enacted by the Senate and House
My answer is that we must start some- I happen to own guns. I own rifles, of Representatives of the United States of
where. We cannot surrender to anarchy. guns, and handguns. I have done so for America in Congress assembled, That (a)
The facts are on the side of those who many years. Paragraph (1) of section 5848 of the Inter-
believe that we can solve this problem. However, I believe that I know how to net Revenue Code of 1954 is amended by
Mr. President, I am not suggesting use them. I have been a hunter. I have Inserting after -or a machinegun; ? the
that if we enact these gun bills all crimes hunted for years-not always success- words "or a destructive device; ,?
Perpetrated with firearms will cease; but fully on ma (b) Paragraph (2) of section 5848 of the
we can make a start, to make sure that to hunt and Icunderstandt the use of bytinsert ngvafter the words 19 "or is designed
dope addicts, the mentally deranged, weapons, to shoot," the words "or which can readily
convicted felons, and children, will not I have taught my four sons to become be restored to shoot," and by striking out
be allowed to buy rifles with which to interested in the sport, and have shown the period at the end thereof, and inserting
shoot at their fellow citizens. them how to handle guns and to do so after the word "trigger" the words ", and
FBI information demonstrates that in responsibly, shall include (A) the frame or receiver of
those areas where firearms regulations My State of Connecticut is a sports- any y such weapon, and (B) any combination
are lax, the homicide rate by firearms is man's State. The finest manufacturers converting aiwe poll other than a machine-
substantially higher than in those areas of firearms are located in Connecticut. gun, into a machinegun",
where there are more stringent controls. The Winchester rifle is made in Con- (c) Section 5848 of the Internet Revenue
In Dallas, Tex., and Phoenix, Ariz., necticut. The Remington rifle Is made in Code of 1954 is amended by renumbering
where flrearrm regulations are practi- Connecticut. The Colt pistol is made in paragraphs (3), (4), (5), (6), (7), (8), (9),
cally nonexistent, the percentage of Connecticut. Therefore, I have a great (10), and (11) as paragraphs (4), (5), (6),
homicides committed by guns in 1963 was deal of interest In the firearms industry. (7), (8), (9), (10), (11), and (12) respec-
72 percent in Dallas, and 65.9 percent in The livelihood. of thousands of people fn tively, and by inserting after paragraph (2)
Phoenix. my State of Connecticut depend upon the a new paragraph (3) as follows:
means
In cities where there are strong regu- production and sale of firearms. I am any(explo ive term incendiary 'destructive device'
lations, we have the following figures: not against them, or the work that they grenade or (c) rocket or d)amissile or (b)
Chicago, 46.4 percent; Los Angeles, 43.5 do. I am well aware of the fine contribu- similar device, or launching device therefor
percent; Detroit, 40 percent; and Phila- tions that the industry and its workers (except a device which is not designed or
delphia, 36 percent. And in New York have made to our country in time of war. redesigned or used or intended for use as a
City-which has been disparaged in it has been an heroic contribution. I wea include art the tyre of and thefiterm shall
many ways as being thought of by some would do nothing to e.,re.,,.,,...,._... . ___..
rate of murder by gun was 25 percent. ? a+++a signed to, or tu) I which will, or which is de-
concern for the welfare of the l legitimate signed to, or which may be readily converted
Thus, regulation has made a strong im- gun industry and of sportsmen every- to, expel a projectile or projectiles by the
pact on this situation. even though the where. action of an explosive, the barrel or barrels
uncontrolled interstate traffic makes it The laws which the President has pro- of which have a bore oi' one-half inch or more
easy to evade the law. Posed and which I introduce today seek in diameter: Provided, That, the Secretary
We are asked now to close off the to safeguard the legitimate Use of weap- or his delegate may exclude from this aeflm-
Ons b trob any device which he finds is not likely
escape routes. by outlawing the abuse of weapons. to be used as a weapon.-
The proposed legislation I Introduce So I ask that all who form a part of the (d) Paragraph (4) of section 5848 of the
today will do this effectively and in doing arms industry, manufacturers, dealers Internal Revenue code of 1954 (as renum-
so will provide the basis for airtight and users, join with us in this effort to beret) Is amended by striking out the period
local control as well. surround the legitimate use of firearms at the end thereof and inserting the word ^,
It will wipe out all mail-order sales to with controls that are humane, sane and and shall include the frame or receiver of
individuals. civilized, that treat the possession of any such weapon, and any such weapon
'weapons as a high responsibility, and that which can readily be restored to firing
It will stop retail sales everywhere to regard human life as a sacred thing to be con) Par
Juveniles under 21, except that sales of protected at all costs. te Revenue ~5) 5848 of by Paragraph Code of of 1954 (as ri h-
sporting rifles and shotguns could con- Mr. President bored) is striking 1g o t period
to persons over 18 of age. evidence of th them ' ajor r ro ro view le eht the firearm increasing t red the ) end amended by nout the word years end and Inserting the worn ^,
It will dry up the torrent of imported plays ys In n our crime picture, and in view w of at
o and shall Include de the frame or receiver of
surplus weapons. the obvious success of stron any such weapon, and any such weapon
It will rigidly control the availability of trols, I urge my colleagues in the Senate which can readily be restored to firing
bazookas, antitank guns, grenades, to give high priority to moving this legis- condition.-SEC
2 Wherever In bombs, and other such deadly playthings lation on to the President's desk. nrtern el Revenue Code of chapter a 53 of the
now now and turning up regularly in American Mr. President, I ask unanimous con- poser, the rate of such tax shall be twice
towns. sent that these bills may lie on the table the rate in effect on the day before the day
At present, one can buy anything he for 1 week, so that those who wish to this Act takes effect. However, as to the
wishes. He can cross the Potomac River cosponsor the proposed legislation will special taxes Imposed under section 5801 of
and go into Alexandria. There is a com- have an opportunity to do so. such Code, the increased rates shall not take
effect
unt
Jul pany Chase gore which, if one wished to pur- The PRESIDING OFFICER. The ing the date ofil
enactmenthe of this Actfollow-
alrtitank gun, a mortar, a can- bills will be received and appropriately Sec. 3. (a) Subsection (a) of section 5814
non, or a machinegun, he puts down the referred. The bills will also lie on the of the internal Revenue Code of 1954 is
money and it-1yill be available that after- desk for 1 week, as suggested by the amended by adding at the end thereof the
noon. This kind of equipment is being Senator from Connecticut. following new sentence: "At the same time
bought and sold every day all over this The bills, introduced by Mr. Donn, that a person forwards a copy of the order
]and. There must be hundreds of thou- were received, read twice by their titles, form to the Secretary or his delegate as
sands of those weapons in the possession and referred, as indicat required under subsection (b), he shall for-
Approved For Release 2004/05/05 :'CIA-RDP67B0t146R00050028 `11T-`8py of the order form to the peinci.
 Approved For Release 2004/05/05: CIA-RDP67B0044 I6R000500280027-8
5360 CONE SSIONAL RECORD -'SENATE March 22, 1965
pal law enforcement officer of the locality Lee. Also, the taxes applicable in respect
Wherein he resides." of the making and transfer of weapons such
(b) Subsection (a) of section 6814 of the as machlnegures would be applicable with
Internal Revenue Code of 1954 is amended respect to the making and transfer of such
by striking out the words "in duplicate" and dadtnctive devices. Also, it would be im-
Inserting in lieu thereof the words "in lawful for a person to possess a destructive
triplicate". device of this character unless such device
'._(e) Subsection (e) of section 5821 of the was registered with the Secretary. of the
Internal Revenue Code of 1954 is amended Treasury.
by adding at the end thereof the following the bill would also Increase to twice the
mew sentence: "At the same time that the present rate all of the rates oi: tax in the
person making the declaration forwards the Nchional Firearms Act (ch. 53 of the In-
declaration to the Secretary or his delegate, ternal Revenue Code of 1954). The princt-
he Shall forward a copy thereof to the princi- prl rates have not been changed since the
pal law enforcement officer of the locality original enactment of the act In 1934.
wherein he resides." Therefore, it is necessary to Increase the
(d) Section t843 of the Internal Revenue rates in order to carry out the purposes of
Code of 1964 is amended by inserting at the the act.
end thereof the following sentence: In addition, the bill contains certain addi-
"If a firearm (possessed by a person other tional strengthening and clarifying amend-
than an importer or manufacturer) does not n ents to the National Firearms Act.
bear the proper identification, the possessor Isscrrox-sr-sECrlon ANALYSIS
thereof shall identify the firearm with such
number and other identification marks as
may be designated by the Secretary orhis
delegate, In a manner approved by the Secre-
tary or his delegate."
SEC. 4, (a) Subchapter B of chapter 53 of
the Internal Revenue Code of 1054 is
amended by adding at the end thereof a new
Section 5860 as follows:
!43zc. 5860. Mutual Security Act of 1954.-
Nothing In this chapter shall be construed
as modifying or affecting the requirements
of section 414 of the Mutual Security Act of
1964, as amended, with respect to the mann-
facturs, exportation, and importation of
armsammunition, and implements of war."
{b) The table of sections In subchapter B
of chapter 53 of the Internal Revenue Code
of 1954 is amended by adding at the end
thereof:
"Sec. 5850. Mutual Security Act of 1954."
of subsection (a) of section 5801 of the In-
ternal Revenue bode of 1954 is amended by
striking out the words "under section
6848(5)" and inserting In lieu thereof the
words "under section 5848(8)".
(b) The prhviso in subsection (a) of sec-
tion 5811 of the Internal Revenue Code of
2954 is amended by striking out the words
"under section 5818(5)" and Inserting in lieu
thereof the words "under section 5848(6)".
SEC. 6. (a) This Act shall take effect on the
first day of the second month following the
month in which It Is enacted.
(b) Notwithstanding the provisions of
Subsection (a), any person required to regla-
ter a firearm under the provisions of section
6841 of the Internal Revenue Code of 1954
by reason of the amendments to section 5848
of such Code contained In the first section
of this Act,- shall have 30 days from the ef-
fective date of this Act to register such fire-
arm, and no liability (criminal or otherwise)
shall be incurred in respect to failure to so
register under such section prior to the ex-
piration of such 30 days.
The analysis of Senate bill 1591, pre-
sented by Mr. DODD, Is as follows:
`. EXP(,ANAtroN OF BILL TO AMENS THE
NkrroNAL FIREARMS ACT
Under the bill, the scope of the National
Firearms Act (which now covers gangster-
type weapons such as machinegun, Sawed-
off shotguns, and deceptive weapons such
as flashlight guns, fountain pen guns, etc.)
Would be broadened to Include destructive
devices such as explosive or Incendiary (1)
bombs, (2) grenades, (3) rockets, (4) mis-
Siles, or (5) Shinier weapons, as well as large
caliber weapons such as mortars, antitank
guns, bazookas, etc. This would mean that
such weapons would be subject to all provi-
sions of the not and that persons engaging
in business he importers, manufacturers, and
dealers in such weapons would be required
to register and pay special (occupational)
Section 1: This section would amend
section 5848 of the Internal Revenue Code
o: 1954 which Is the section of the National
Firearms Act containing the definition of
tie weapons subject to the act (ch. 53 of
the Internal Revenue Code as cited as the
National Firearms Act).
Paragraph (a): Paragraph (a) of Section 1
vbuld amend paragraph (1) of section 5848
or the Internal Revenue Code of 1954 to in-
clude destructive devices within the term
"firearms", as used In the National Fire-
arms Act. The effect of this is to make the
provisions of the act applicable to a "de-
structive device" as that term is defined in
paragraph (c) of section 1 of the draft bill.
Paragraph (b): Paragraph (b) of section
would amend paragraph (2) of section 5848
of the internal Revenue Code of 1954 (which
itl the definition of "machinegun" contained
!n the National Firearms Act) to Include
:my weapon "which can readily be restored
;o shoot" automatically or senriautomatical-
ly (more than one shot), without manual re-
loading, by a single function of the trigger.
This is merely a clarification of the law and
represents the administrative construction
of existing law.
The definition of machinegun would be
further amended to include "the frame or
receiver" of a machinegun. Under the Fed-
eral Firearms Act, the frame or receiver of
a firearm is included within the definition
of a firearm. This change would bring the
frame or receiver of a machinegun within
the coverage of the National Firearms Act.
The definition of machinegun is further
amended to Include "any combination of
parts designed and intended for use in con-
verting a weapon, other than a machinegun,
into a machinegun." For example, So-called
Conversion kits are now made and sold for
the purpose of converting certain rifles so
that they will fire automatically or semi-
automatically more than one shot, without
manual reloading, by a single function of
the trigger (i.e., converting such rifles into
anachineguns). However, under existing law,
there is no effective way to control the man-
ufacture and transfer of such kits. This
-change is designed to correct this situation
,and to prevent subversion of the purposes
,of the act.
Paragraph (c) : Paragraph (c) of section 1
provides for the renumbering of paragraphs
(3) through (11) as paragraphs (4) through
(12), respectively, of section 5848 of the In-
ternal Revenue Code of 1954, and for the in-
sertion after paragraph (2) of such section
of the Code of 1954, and for the Insertion
after paragraph (2) of such section of the
code of a new paragraph (3). The new para-
graph (3) would insert a definition of the
term "destructive device".
The definition of the term "destructive
device" contained in paragraph (3) of sec-
tion 5848 of the Internal Revenue Code of
1964, as contained In the bill is a new provi-
slop. It would bring under the coverage
of the National Firearms Act any explosive
or incendiary (a) grenade or (b) bomb or
(c) rocket or (d) missile or (e) similar weap-
on, or launching device therefor (except de-
vices which are not designed or redesigned
or used or intended for use as a weapon),
and would include all large Caliber weapons
such as bazookas, mortars, antitank guns,
etc.
The parenthetical exception contained in
this definition is drafted In the same manner
as the exceptions contained in title 26, United
States Code, section 5179(a) (relating to
registration of Stille) and section 6205 (a) (2)
(relating to stamps on containers of distilled
spirits). Therefore, the decisions of the
courts (Queen v. United States, 77 F. 2d 780;
cert. den. 295 U.S. '765; and Scherr V. United
States, 305 U.S. 251) to the effect that the
Government is not required to allege or
prove the matter contained in an exception
would be applicable. Establishment by a
person that he came within the exception
would be a matter of affirmative defense.
Thus, an explosive device shown to be de-
signed and intended for lawful use in con-
struction or for other industrial purposes
would be excepted. However, it the device
were designed or used or intended for use
as a weapon, It would be subject to the pro-
visions of the act.
A provision has been made In this defini-
tion that the Secretary may exclude from the
definition any device which he finds is not
likely to be used as a weapon. Examples
of devices which may be excluded from this
definition are devices such as Very pistols
and other signaling devices and line-throw-
ing appliances (required for commercial ves-
sels by U.S. Coast Guard regulations) which
may have been made from converted fire-
arms, This provision also makes it possible
to deal with any other comparable situation
which may arise, such as old cannon or field
pieces which are primarily of historical sig-
nificance and with respect to which there Is
no reasonable likelihood that they will be
used as weapons.
Paragraph (d) : Paragraph (d) of section 1
would amend paragraph (4) (as renum-
bered) of section 5848 of the Internal Reve-
nue Code of 1954 by striking out the period
at the end thereof and inserting the words
", and shall include the frame or receiver of
any such weapon, and any such weapon
which can readily be restored to firing con-
dition." The effect of this change is to in-
clude the frame or receiver of a rifle within
the definition of that term as used In the
National Firearms Act. This change is com-
parable to the corresponding change in the
definition of "machinegun" contained In
paragraph (b) of this section. The Inclusion
in the definition of the language ", and any
such weapon which can readily be restored
to firing condition" represents a Clarification
of law and is consistent with the administra-
tive construction of existing law.
Paragraph (e) : Paragraph (e) of section
1 would amend paragraph (5) (as renum-
bered) of section 5848 of the Internal Rev-
enue Code of 1954. This paragraph contains
the definition of the tern "shotgun" and
the change is identical with the change made
with respect to the definition of "rifle" re-
ferred to in paragraph (d) above.
Section 2: Section 2 would amend chapter
63 of the referral Revenue Code of 1954 by
providing that, "Wherever in such chapter a
tax is imposed, the rate of tax shall be
twice the rate in effect on the day before
the day this act takes effect."
However, its to the Special (occupational)
taxes Imposed under section 6801 of the In-
ternal Revenue Code of 1954, the increased
rates would not take effect until the first
day of July following the date of enactment.
The effect of this section would be:
Approved For Release 2004/05/05: CIA-RDP67BQ0446R000500280027-8
 arch 2,T9~~55
pprove For Kelease 2004/W6V'.t?A 6VB AM05 '$ -8 5361
1. To increase the special (occupational) Paragraph (d) of section 3 would amend Puerto Rico, the Virgin Islands, and the Dis-
respect Imposed under section 6801. (a) (1) in section 5843 of the Internal Revenue Code of trict of Columbia.
respect of Importers or manufacturers from
$600 1954 (which relates to the identification of "(3) The term 'firearm' means any weap-
a year or fraction thereof to $1,000 a firearms) by inserting at the end thereof a on, by whatsoever name known, which will,
year or fraction thereof; new sentence. This provision is intended to or is designed to, or which may be readily
2. To Increase the special (occupational) provide for the identification of a firearm converted to, expel a projectile or projectiles
tax. Imposed under section 6801(a) (2) In (possessed by a person other than a manu- by the action of an explosive; the frame or
respect of dealers (other than pawnbrokers) facturer or Importer) which does not bear receiver of any such weapon; or any firearm
from $200 a year or fraction thereof, to $400 the proper Identification. muffler or firearm silencer; or any destruc-
a year or fraction thereof; Section 4: Section 4 of the bill would add tive device.
- 3. To increase the tax Imposed under sec- a new section 5850 to subchapter B "(4) The term 'destructive device' means
tion 6801 (a) (3) in respect of pawnbroker of chapter 53 of the Internal Revenue any explosive or Incendiary (a) bomb or (b)
dealers from $300 a. year or fraction thereof Code of 1954 which would provide that grenade or (c) rocket or (d) missile or (e)
to $600 a year or fraction thereof; "Nothing in this chapter shall be construed similar device, or launching device therefor
4. To increase the special (occupational) as modifying or affecting the requirements of (except a device which is not designed or re-
tax imposed under section 5801(a) (3) in section 414 of the Mutual Security Act of designed or used or intended for use as a
respect to manufacturers and dealers in 1954, as amended, with respect to the manu- weapon or part thereof); and the term shall
guns classified as "any other weapon" and facture, exportation, and importation of also include any type of weapon by whatso-
certain guns with combination shotgun and arms, ammunition, and Implements of war." over name known (other than a shotgun hav-
rifle barrels from $25 a year or fraction This provision Is merely for the purpose ing a barrel or barrels of eighteen or more
thereof in the case of manufacturers to $50 of assuring that the chapter will be so con- inches in length), which will, or which is de-
a year or fraction thereof, and with respect strued, signed to, or which may be readily con-
to dealers from $10 a year or fraction thereof Section 5: Section 5 of the bill contains verted to, expel a projectile or projectiles by
to $20 a year or fraction thereof; technical conforming changes with respect the action of an explosive, the barrel or
5. To increase the transfer tax levied under to sections 5801 and 6811 of the Internal barrels of which have a bore of one-half inch
section 6811 (a) on the transfer of machine- Revenue Code of 1954 made necessary by or more in diameter: Provided, That the Sec-
guns, sawed-off shotguns, destructive devices, containing the renumbering of the paragraph rotary may exclude from this definition any
etc., from $200 for each such weapon trans- nbfg the definition of "any other device which he finds is not like] to be used
ferred In the United States to $400 for each weapon" in section 5848 of the Internal as a weapon. y
such weapon so transferred; Revenue Code of 1954, "(5) The term 'short-barreled shotgun'
6. To Increase the transfer tax levied un- Section 6: This section contains the ef- means a shotgun having a barrel or barrels
der section 5811(a) on the transfer of "any festive date provisions. of less than eighteen Inches In length and any
other weapon" and certain guns with combs- Subsection (a) : This subsection provides weapon made from a shotgun (whether by
nshot n and rifle barrels from $5 for
each da that this act shall take effect on the first alteration, modlfication, or otherwise) if such
fi,r transferred in the United States y of the second month following the weapon as modified has an overall length of
to $10 for each such weapon so transf,prred; month it is enacted. less than twenty-six Inches.
and Subsection (b): This subsection provides "(6) The term 'short-barreled rifle' means
7. To Increase the tax imposed under see- that, notwithstanding the provisions of sub- a rifle having a barrel or barrels of less than
tion 5821 (a) on the making of any firearm section (a), any person required to register a sixteen Inches in length, and any weapon
subject to the National Firearms Act (by firearm under the provisions of section 5841 made from a rifle (whether by alteration,
persons other than those excepted from the of the Internal Revenue Code of 1954, by rea- modification, or otherwise) if such weapon as
making tax) from $200 for each firearm so son of the amendments to section 5848 of modified has an overall length of less than
made to $400 for each firearm. such code contained in the first section of twenty-six inches.
It should be noted that section 2 would In this set shall have, 30 days from the effective
no way effect exemptions and exceptions con- date of this act to register such firearms, and son (engager The term the "Importer" means any per-
tamed In the National Firearms Act with re- that no liability (criminal otherwise) business of on into or
sPect to thesQ taxes. (See seta. 5803, 6812, be incurred In respect ect t to failure to so re register shall bringing United ited States tetes for purposes poses of sale nt or o dig-
and 5821(b) in this regard.) under such Section prior to the expiration of tribution; and the term 'licensed importer'
The principal rates have not changed since such 30 days. This provision is necessary means any such person licensed under the
the original enactment of the National Fire- so that a person who possesses a firearm provisions of this Act.
arms Act in 1934. It is deemed necessary to which is brought under this coverage of the
Increase the rates of tax Imposed in the Na- National Firearms Act, by reason of the person "(8) engaged The term
' the Mpu nufac'ose m ofeans e re-
tional Firearms Act in order to more effec- amendments to such, act which are con- mmu i tithe for purposes o r
tively carry out thepur_poses of the act. taloned In the first section of the bill, will be arms or ammunition for purposes of sale or
Section 3,: Paragraph (a) of section 3 would afforded a reasonable opportunity to comply facture' means and the such pens aed manu-
erson licensed
amend subsection (a) of section 5814 of the with the registration istration requirements cn- under the means provisions such
this p Act.
the Revenue Code. of 1954 by adding at tamed in section 6841 of the Internal Reve- "(9) -
the end thereof a now sentence which would nue Code of 1954. However, full comphmpli The e term in 'dealer' the bus ass o (
f any pre-
rovide that at the same time a person for- ante with all other provisions of the Na- son engaged in the business
es Selling flre-
provide copy Firearms Act, arWards ms amended b ms or ammunition at wholesale or retail,
of the order form regarding would be required commencing by this bill, (b) any person engaged in the business of
transfer of a firearm to the Secretary or his tive date provided on the effec- repairing such firearms or of Makin
delegate, as required by subsection (b) of example, the In
provisions subsection (at For mechanisms special to barrels,firearms, (stocks, or any per or
section 6814, he shall forward a copy of the irelating to the ser
Order form to the principal law enforcement Making of a firearm, to the transfer of a is a p h term vsed
officer of the locality wherein he resides. arearm, and to the Importation of a fire- dealer' ' who r the pawnbroker. The term 'licensed
This is in arm would be fully effective as of the date means any dealer who is licensed
tended as an additional requirement specified in subsection a under the provisions of this Act.
and not as a substitute-for existing prose- ( )' "(10) The term 'pawnbroker' means any
dures regarding verification of the identity of S. 1592. A bill to amend the Federal Fire- person whose business or occupation Includes
the applicant. arms Act; to the Committee on the Judiciary, the taking or receiving,' by way of pledge or
Paragraph (b) of section 3 is a conforming Be it enacted by the Senate and House pawn, of any firearm or ammunition as
change relating to the amendment contained of Representatives of the United States osecurity for the payment or repayment of
in paragraph 3 (a) and relates to the number of money.
of copies of the order form. America in Congress I contain
Act (62 Sttt "(11) The term 'Indictment' includes an
Paragraph (c) of section 3 would amend 1260) is amended to read as follows: Indictment or an information In any court
subsection (e) of section 5821 of the In- of the United States or of any State or posses-
ternal Revenue Code of 1954 by adding at .Sxc. 1. The termx'pers As used in this Act- Sion under which a crime punishable by Im-
the end thereof a new sentence providing ( ) The term 'person' Includes an indi- prisonment for a term exceeding one year
that at the same time a person making the vidual, partnership, association, or corpora- may be prosecuted.
declaration in respect of making a firearms tion.
"ns The term 'fugitive from justice'
forwards dae, declaration Shall to the Secretary or "(2) The term 'co any come any y person who ho has fled from any
his delegate, he shad forward a copy thereof mercer means commerce erce between atty state State State or possession (a) to avoid prosecution
to the principal law enforcement officer of or Possession (not including the Canal Zone) for a crime punishable by imprisonment for
the locality wherein be resides. This provi- and any place outside thereof; or between a term exceeding one year, or (b) to avoid
dents ,14t 2%c W -te- re_In addition to any points within the same State or possession giving testimony In any criminal proceeding.
other eaietmg procedures, and not as a sub- (not Including the Canal Zone) but through "(13) The term 'crime
stitute for the procedures requiring verlfica- any place outside thereof; or within an a term punishable a ey Im-ear,
tlon of the Identity of the person making the session or the District of Columbia. The ten shall not Include any Federal or State of-
declaration, 'State' Shall Include the Commonwealth of lenses
pertaining to anti-trust violations,
No. 51
-8
Approved For Release 2004/05/05 t.CIA-RDP67B00446R000500280027-8
 Appr For Release 2004/05/05CBM3M6 60ONW2NfA"TE March 22, 1965
unfair trade practices, restraints of trade, turer's, or dealers place of business is lo- any possession thereof any ammunition for
or other similar offenses relating to the cated; except that this paragraph shall not a destructive device.
regulation of business practices as the See- apply In the case of a shotgun or rifle (other "(1) It shall be unlawful for any person
rotary, may by regulation designate. than a short-barreled shotgun or short- to knowingly receive any firearm or ammu-
"(14) The term 'Secretary' or 'Secretary barreled rifle); or nltion which has been imported or brought
of the Treasury' means the Secretary of the "(4) Who by reason of any State or local into the United States or any possession
Treasury or his delegate. law, regulation, or ordinance applicable at thereof in violation of the provisions of this
"(15) The term 'ammunition' means pistol the place of sale or other disposition may not Act."
or revolver ammunition, ammunition for a lawfully receive or possess such firearm." Sxc, 3. Section 3 of the Federal Firearms
destructive devise, and ammunition for a ma- This subsection shall not apply in the case Act is amended to' read as follows:
porters, or rifle." of 3. (a) No person shall engage in
of transactions between licensed im,
Sec. 2. Section 2 of the Federal Firearms icensed manufacturers, and licensed dealers. business as a firearms or ammunition im-
Act is amended to read as follows: "(c) It shall be unlawful for any licensed porter, manufacturer, or dealer until he has
"SEC. 2. UNLAWFUL Acts. (a) It shall be reporter, licensed manufacturer, or licensed filed an application with, and received a It-
unlawful for any person (except an im- lealer to sell or otherwise dispose of any fire- cane to do so from, the Secretary. The
porter, manufacturer, or dealer, licensed arm or ammunition to any person (other application shall be In such form and contain
under the provisions of this Act) to trans- mhan a licensee) knowing or having reason- such information as the Secretary shall by
port, ship, or receive any firearms in inter- able cause to believe that such person is regulations prescribe. Each applicant shall
state or foreign commerce, except- under Indictment or has been convicted in be required to pay a fee for obtaining such
"(1) That in the ease of a shotgun or rifle any court of the United States or of any license (for each place of business) as
(other than a short-barreled shotgun or State or possession of a crime punishable by follows:
short-barreled rifle) nothing In this Bob- Imprisonment for a term exceeding one year "(1) If a manufacturer-
section shall be held to preclude an indi- or is a fugitive from justice; or to ship or "(A) of destructive devices, a fee of $1,000
vidual traveling in interstate or foreign com- transport any firearm in interstate or foreign per annum.
merce from transporting such shotgun or commerce to any person who may not law- "(B) of firearms (other than destructive
rifle (or having such shotgun or rifle trans- fully receive such firearm under subset- devices) a fee of $500 per annum.
ported for him under such conditions as the tion (a). "(2) If an importer-
Secretary shall by regulations prescribe), if "(d) It Shall be unlawful for any person "(A) of destructive devices, a fee of $1,000
such transportation is for a lawful purpose. who is under indictment or who has been per annum.
"(2) That in the case of a pistol or revol- convicted in any court of a crime punishable "(B) of firearms (other than destructive
ver, nothing In this subsection shall be held by imprisonment for a term exceeding one devices), a fee of $500 per annum.
to preclude an individual traveling in inter- year, or who is a fugitive from justice, to "(3) if a dealer-
State or foreign Commerce from transporting ship, transport, or cause to be shipped or "(A) in destructive devices, a fee of $1,000
a pistol or revolver, possessed and carried transported, any firearm or ammunition in per who Is a pawnbroker (dealing in
in conformity with the law of each portion- Interstate or foreign commerce. "(13)
tar State into (or through) which the pistol "(e) It shall be unlawful for any person firearms other than destructive devices), a
or revolver Is transported (or having the who is under indictment or who has been fee of $250 per annum.
pistol or revolver transported for him under convicted in any court of a crime punishable "(c) in firearms (other than as described
such conditions as the Secretary or his dele- by Imprisonment for a term exceeding one In subparagraphs (A) or (13)), a fee of $100
gate shall by regulations prescribe), if (A) year, or is a fugitive from justice, to receive per annum.
the transportation 1s for a lawful purpose any firearm or ammunition which has been The fee for an Importer or manufacturer of,
not including sale or other disposition there- shipped or transported in interstate or for- or a dealer in, ammunition for a destructive
of, and (B) such individual did not acquire eign commerce. device shall be the same as for an importer
the pistol or revolver in the course of such "(f) It shall be unlawful for any person or manufacturer of, or a dealer in destruc-
traveling In interstate or foreign commerce, knowingly to deposit, or cause to be deposit- tive devices, and the fee for an Importer
"(3) That in the case of a shotgun or rifle ed for mailing or delivery by mail, or know- or manufacturer of, or a dealer in other fire-
(other than a short-barreled shotgun, or ingly to deliver, or cause to be delivered, to arms ammunition shall be the same as for
short-barreled rifle) or a pistol or revolver, any common or contract carrier for trans- an importer or manufacturer of or a dealer
nothing In this subsection shall be held to portation or shipment in interstate or foreign in such firearms. However, a person who has
preclude a person from shipping such a fire- commerce, any package or other container obtained a license covering firearms shall
strut to a licensed importer, licensed mart- in which there Is any firearm, without not be required to obtain an additional. ii-
faeturer, or licensed dealer for authorized written notice to the Postmaster General or cense with respect to ammunition.
Service and the return of such firearm to the his delegate or' to the carrier (as the case ??(b) Upon filing by an applicant of the
sender under such conditions as the Secre- may be) that a firearm is being transported prescribed application and payment of the
-tary shall by regulations prescribe. or shipped. prescribed fee, the Secretary shall (except as
'! (4) That nothing in this subsection shall "(g) It shall he unlawful for any common provided in subsection (a)), issue to such
be construed as making unlawful the ship- or contract carrier to deliver, or cause to be applicant the license applied for, which shall,
ping or transporting of a firearm In Inter- delivered, In interstate or foreign commerce, subject to the provisions of this Act and
state or foreign commerce, by a common or any firearm to any person who does not ex- other applicable provisions of law, entitle
contract carrier In the operation of his busi- hibit or produce evidence of a license ob- the licensee to transport, ship, and receive
ness or by United States mail, to a licensed tained under section 3 of this Act or who firearms and ammunition covered by such
Importer, licensed manufacturer, or licensed is not exempted by section 4 from the pro- license in interstate or foreign commerce
dealer (or such transportation as is other- visions of this Act (except it firearm trans- during the period stated in the license.
wise Authorized Under this Act). ported under regulations prescribed under ?'(c) Any application submitted. under sub-
"(5) That nothing in this subsection shall section 2(a) (1), (2), or (3) of this Act). sections (a) and (b) of this section shall be
be construed as applying In any manner In "(h) It shall be unlawful for any person disapproved and the license denied if the
the District of Columbia, the Commonwealth to transport or ship, or cause to be trans- Secretary, after notice and opportunity for
of Puerto Rico, or any possession of the ported or shipped, in interstate or foreign hearing, finds that-
United States differently than it would apply commerce, Any stolen firearm, or stolen am- "(1) The applicant 1s under 21 years of
.. .. ____ __._..._~ I............. ... he.dno rc-enable
"(b) It shall 'be unlawful for any licensed to receive, conceal, store, barter, sell, or dos- any individual possessing directly or indi-
a
importer, licensed manufacturer, or licensed pose of any stolen firearm or stolen ammunl- rectly, the power to direct or cause the direc-
dealer to sell or otherwise dispose of any tion or pledge or accept as security for a tion of the management and policies of the
loan any stolen firearm or stolen anomuni-
" Is
flr(1) to any t person- corporation, partnership, or association)
durWiths following the required pro- thin, moving as, or which 1o a part Of, Or prohibited from transporting, shipping, or
by r(i (in such a manner which constitutes Interstate foreign come receiving firearms or ammunition in inter-
the Secretary ascertaining
the Secretary shall by regulations prescribe) w) merce, knowing, or having reasonable cause state or foreign commerce under the provi-
the identity and place of residence (or busi- to believe, the same to have been stolen. dons of subsection (d) or (e) of section
ness In the owe of a corporation or other "(j) It shall be unlawful for any person of this Act; or is, by reason of his business
business entity) of such person; or to transport, ship, or knowingly receive, in financial standing, or trade cone
"(2) Who (in the case of an individual) 1s interstate or foreign commerce, any firearm experi experins,ence, not likely to maintain operation
under 21 years of age (except for a shotgun from which the importer's or manerfacturer's in nectio compliance with this Act, or
or rifle), and under 18 years of age in the serial number; as the case may y lot, , has been "(3) The applicant has willfully violates
case of a shotgun or rifle; or " removed, obliterated, or altered,
"(3) Who he knows or has reasonable cause "(k) It shall be unlawful for any person any of the provisions of this Act or the peg
to believe Is not a resident of (or In the to import or bring into the United States ulations Issued thereunder, or
"(4) The applicant has willfully failed to
a a other
who of a corporation
of business entity, or any possession thereof any firearm ho does not have place of business In) the he violation of the provisions of this Act, or or disclose any material information required
State In which the importer's, manufac- to import or bring into the United States or or made any false statement as to any mate
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
 Fbv 8,F Pk9lease 2004/6 o 4t)POTBC94 050 M-8
rial fact, in connection w]th his applica- firearms or ammunition Importer, manufac-
tion, or turer, or dealer for the purpose of inspecting
"(5) The applicant does not have, or does or examining any records or documents re-
not intend to have or ma)htain, }n a State quired to be kept by such importer or menu-
or possession, business premises for the con- facturer or dealer under the provisions of
duct of the business.,. this Act or regulations Issued pursuant
"(d) The provisions of section 2(d) and thereto, and any firearms or ammunition
(e) of this Act shall not apply in the case of kept or stored by such Importer, manufac-
a licensed Importer, licensed manufacturer, turer, or dealer at such premises. Upon the
or licensed dealer who Is indicted for. a request of any State or possession or political
crime punishable by imprisonment for a subdivision thereof, the Secretary of the
term exceeding one year. A licensed Im- Treasury may make available to such State,
porter, licensed manufacturer, or licensed or possession, or any political subdivision
dealer may continue operations, pursuant thereof, any Information which he may pos-
to his existing license (provided that prior sess or which be may obtain by reason of
to the expiration of the term of the existing
license timely application is made for a new
license), during the term of such Indict-
ment and until any conviction pursuant to
the indictment becomes final, whereupon he
shall be fully subject to all provisions of this
Act and operations pursuant to such license
shall be discontinued (unless an application
for relief has been filed under section 6).
the provisions of this Act with respect to the
Identification of persons within such State,
or possession, or political subdivision thereof,
who have purchased or received firearms or
ammunition, together with a description of
the firearms or ammunition so purchased or
received.
"(h) Licenses Issued under the provisions
of subsection (c) of this section shall be
kept posted and kept available for Ins
ection
p
firearm Into the United States or. any Poe- on the business premises covered by the
session thereof, except that the Secretary license.
may authorize a firearm to be imported or "(I) Licensed Importers and licensed man'
brought in if the person importing or bring- ufacturers shall Identify (or cause to be
Ing in the firearm established to the satin- identified), in such manner as the Secretary
faction of the Secretary that the firearm- shall by regulations prescribe, each firearm
c
nt
fic
r re
r
h
scie
i
o
sea
c
purposes, or
in connection with competition or training
pursuant to chapter 401 of title 10 of the
United States Code; or
"(2) Is (A) an antique, or (B) an un-
serviceable firearm (not readily restorable to
firing condition), imported or brought in as
a curio or museum piece; or
"(8) Is of a type and quality generally
recognized as particularly suitable for lawful
sporting purposes and is not a surplus mili-
tary weapon and that the importation or
bringing in of the firearm would not be con-
trary to the public interest; or
"(4) Was previously taken out of the
United States or_a possesgion'by the person
who is bringing in the firearm.
"Provided, That the Secretary may permit
the conditional importation or bringing In of
a firearm for examination and testing in con-
nection with the. making of a determination
as to whether the Importation or bringing
or manuracturer."
Svc. 4. Section 4 of the Federal Firearms
Act is amended to read as follows:
"SEC. 4. EXCEPTIONS To APPLICABILITY OF THE
ACT.
"The provisions of this Act shall not apply
with respect to the transportation, shipment,
receipt, or importation of any firearms or
ammunition imported for, or sold or shipped
to, or Issued for the use of (1) the United
States or any department, independent es-
tablishment, or agency thereof; or (2) any
State, or possession, or any department, in-
dependent establishment, agency, or any
political subdivision thereof."
SEC. 6. Subsection (b) of section 5 of the
Federal Firearms Act is amended to read
as follows:
"(b) Any firearm or ammunition involved
in, or used or intended to be used in, any
violation f th I
o
t
lief from the disabilities incurred under the
Act by reason of such a Conviction, shall not
be barred by such conviction from further
operations under his license pending final
action on an application for relief filed pur-
suant to this section."
"SEC. 7. APPLICABILITY OF OTHER LAWS.
"(a) Nothing In this Act shall be con-
strued as modifying or affecting any provi-
sion of-
"(1) The National Firearms Act (Chapter
63 of the Internal Revenue Code of 1954); or
"(2) Section 414 of the Mutual Security
Act of 1954, as amended (section 1934 of title
22 of the United States Code. (relating to
munitions control)): or
"(3) Section 1715 of title 18 of the United
States Code (relating to nonmailable fire-
arms).
"(b) Nothing in this Act shall confer any
right or privilege to conduct any business
contrary to the law of any State, or be con-
strued as relieving any person from com-
pliance with the law of any State."
SEC. 7. The amendments made by this Act
shall become effective on the date of the en-
actment of this Act; except that the amend-
ments made by section 3 of this Act to sec-
tion 3(a) of the Federal Firearms Act shall
not apply to any importer, manufacturer, or
dealer licensed under the Federal Firearms
Act on the date of the enactment of this Act
until the expiration of the license held by
such importer, manufacturer, or dealer on
such date.
The explanation of Senate bill 1592,
presented by Mr. DODD is as follows:
EXPLANATION or BILL To AMEND THE FEDERAL
FIREARMS ACT
The bill is a general revision of the Fed-
eral Firearms Act, designed to more effec-
tively control interstate and foreign com-
merce in firearms. The bill adheres to and
furthers the principle inherent in the pres-
ent act that interstate and foreign commerce
in firearms be controlled at the Federal
level under the commerce power in a man-
ner which will enable the States to control
more effectively the traffic within their own
borders under their own police power.
The bill would, in general, make it il-
legal to transport, ship, or receive firearms
In interstate or foreign commerce, except
as between licensed importers, licensed man-
ufacturers, or licensed dealers, or between
such licensees and persons excepted from the
application of the Federal Firearms Act by
section 4 of that act (e.g., agencies of the
Federal and State governments). Thus,
under the bill, the so-called interstate mail-
order traffic In firearms, whereby an individ-
ual can order a gun to be shipped from a
e prov s
one of this Act, or
In of such flrearm will be allowed under this _
subsectNon any rules or regulations promulgated there-
.
"(f) No licensed e orter, licensed man- under, or any violation of the provisions p title 18 United States Code, sectioions 111, , 112.
Ufacturer, 2,
tithe Ise or licensed d dealer, shall sell or 872, 87 71, or 1114, shall be subject to seizure
otherwise dispose of a destructive device, a and forfeiture and all provisions of the In-
machine me Intern Revenue pfs ek4)na 5848 a short! ternal Revenue Code of 1964 relating to the Code- barreled shotgun, or a short-barreled rlfie, to seizure, forefelture, and disposition of fire-
? non-licensee unless he has In k;is possession arms, as defined in section 6848(1) of said
Code, shall, so far as applicable, extend to
a sworn statement executed ity the principal seizures and forefeitures under the provision,
law enforcement officer of the , locality of this Act."
wherein the purchaser or person to whom it SM. 6. The Federal Firearms Act is
Is otherwise disposed of resides, attesting amended by renumbering sections 6, 7, 8,
that there isance no which of law, regulation,
or orpln and 9 as sections 8, 9, 10, and 11, res ,c-
lwoulpossession b ated by tively, and Inserting after section 5 thefol.
such person's receipt or lowing new sections:
and that he is satisfied that it is Intended
by such person for lawful purposes. Such "SEC. 6. RELIEF OF CONVICTED PERSONS UNDER
sworn statement shall be retained by the CERTAIN CONDITIONS,
licensee as a part of the records required to "A person who has been convicted of a
be kept under subsection (g). crime punishable by Imprisonment for a
"(g) Each licensed Importer, licensed man- term exceeding one year (other than a crime
ufacturer, and licensed dealer shall main- Involving the use of a firearm or other weap-
taln such records of importation, prpdne- on or a violation of this Act or of the Na-
tion, shipment, receipt, and sale and other tional Firearms Act) may make application
3ts
osition
fi
p
, of
rearms and ammunition at to the Secretary for relief from the dlsabili-
mch place, for such period and in such form ties under the Act Incurred by reason of such
as th
Se
t
e
cre
ary may by regulations pre-
scribe. Such importers, manufacturers, and
dealers shall make such records available for
Inspection at all reasonable, times, and shall
subA,llt IR .t,hs..,ge.cx@tary such reports and
iniOrlpatI9n. Wltb rf,Spect to such records and
the contents thereof as be shall by regula-
tions prescribe. The Secretary or his dele-
gate may enter during business hours the
premises (including places of storage) of any
mail-order dealer in another State, would be
completely terminated.
Further, all sales by federally licensed im-
porters, Federally-licensed manufacturers,
and federally licensed dealers of shotguns
and rifles to persons under 18 years of age,
and of all other types of firearms to persons
under 21 years of age, would be prohibited.
The bill is also designed to eliminate the
serious abuses of the Federal Firearms Act
license system inherent in the nominal li-
cense fee and weak qualifying requirement
provisions of existing law, and to assure that
persons licensed under the aet are bona fidely ,
engaged in the business and are of good
repute.
The bill would curb the flow of imports of
relief if it is established to his satisfaction firearms which are not particularly suitable
that the circumstances regarding the convic- for lawful sporting purposes.
tion, and the applicant's record and repute- Further, the bill would bring under strict
tion are such that the applicant will not be Federal- control interstate and foreign com-
likely to conduct his operations in an unlaw- merce In large caliber weapons such as ba-
ful manner, and that the granting of the zookas, mortars, antitank guns, etc., and de-
relief Would not be contrary to the public structive devices such as explosive or ineen-
interest, A licensee conducting operations diary (a) grenades or (b) bombs or (c) mis-
under the Act, who makes application for re- sues or (d) rockets or (e) similar weapons.
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
 Aped For Release 2004/05/090,'1~4WEW4~K0028~~E March 22, 1965
amend section 1 of the Federal Firearms Act '"mom'" "y ~?W ?" - '' '
do Slat. 1250) which co the deflni fir lar may This have
provision also varied and by st lkingnthat termrwhe ever strap-
tlon of the meaning of certain ertain terms used slide to deal with any other comparable peared in the act and Inserting in lieu
uch as old
h
may arise, s
The definition of the term "person" In situatroa whic
---- rlsonment for a term exceeding 1 year."
paragraph (1) is existing law (15 U.S.C. 901 ran or fieldpleces which are primarily of his- 8 son was introduced a ter at the request of r."
to,ical significance and with respect to - 1750
(1)). ..each here is no reasonable likelihood that Attorney General as an integral part of an
an ti
foreign commerce" is a restatement of exist- tney will he used as a weapon. ping law (15 U.S.C. 901(a) ). "Territory" Is The definition of the term "short-barreled Report
felony No. . 1 122002 (87th Cong.,
prohibiting ntat t Sthe).CreT The
ara
raph (5) I. a. new y
p
g
of the provisions of existing law (15 U.S.C. of this type. type violations. It may be noted that anti-
901(3) ). The revised definition has been ex- The definition of the term "short-barreled trust-type violations are not felonies under
tended to include any weapon by whatsoever rifle" contained in paragraph (6) is a new Federal pew. However, are limited number
name known "which will;" or "which may be provision. The definition describes a rifle States have statutes maa of
king such offenses
readily converted to," expel a projectile or of the type which is subject to the pro- felonies. The definition would provide uni-
projectiles by the action of an explosive. As--ions of the National Firearms Act (ch. form treatment of such offenses, both State
fesents a much needed clarification 5i( of the Internal Revenue Code of 1954).
and Federal
this're
.
p
and strengthening of existing law designed The purpose of the definition is to provide The definition o' the term "Secretary" or
to prevent circumvention of the purposes of a convenient reference to weapons of this "Secretary of the Treasury" contained in
the act. As under existing law, the defini- type. paragraph (12) is a new provision. The
tion also 'Includes weapons "designed to" The definition of the tern: "importer"
the
purpose
expel a projectile or projectiles by the ac- is a new provision. Under existing law (16 necessity of this irepeatmgn is toe eliminate the
tion of an explosive, and firearm mufflers and -U.S.C. 901(4) ), the teen "manufacturer" In- Treasury or his pealing S several sections
firearm silencers. eludes a person engaged in importation of assisuty
The present definition of this term in- firearms or ammunition for purposes of sale of re Th definition of[ the term "ammunltlon"
eludes "any part or parts" of a firearm. o- distribution. It appears obvious that contained The def ni ioll of law (m U.S.C. ni ion
it has been impractical to treat each small separate classifications should be provided has been revised to include ammunition for
part of a firearm as If It were a weapon. The for Importers and manufacturers in order a debeen revised
edvtoeand ammunltlon for a
revised definition substitutes the words to more appropriately effectuate the purposes destructiv or evic in a addition to ion pistol for and areach
''flame or receiver" for the words "any part of the act. - revolver ammunition.
or parts." - - 'The definition of the term "manufacturer Section 2: Section 2 of the bill would
In addition, the definition of the term is a restatement of existing law (15 U.S.C. amend section 2 of the Federal Firearms Act
"firearm" Is extended to include any "de- 904(4)) except that the references to lm- (15 U.S.C. 902), which relates to prohibited
struotive device" as defined in the proposed portation have been deleted. acts.
new definition of this term contained In The definition of the tern "dealer" is a Subsection (it) : Subsection (a) is derived
paragraph (4) of section 1. The effect of restatement of existing law (15 U.S.C. 901(5)) in part from the provisions of existing law
>this_inclusion is to make the provisions of with certain revisions. The definition also contained in subsections (a) and (b) of sec-
the act applicable to such destructive de- makes it clear that "pawnbrokers" are a lion 2 of the Federal Firearms Act (15 U.S.C.
vices. type of dealer. This reflects proposed 902 (a) and (b)). Such provisions of ex-
The definition of the term "destructive de- changes in other provisions of the act which feting law make it unlawful for any Importer,
vice" contained in. paragraph (4) is a new would place pawnbrokers handling firearms manufacturer, or dealer, except an importer,
provision. The purpose of this definition In a special category and provide for higher manufacturer, or dealer licensed under the
is twofold. First, it would bring under the license fees for procurement of licenses by act, to transport, ship, or receive any firearm
terms of the act any explosive or incendiary pawnbroker dealers. in Interstat or foreign commerce, or for any
(a) grenade or (b) bomb or (c) rocket or (d) The definition of the term "pawnbroker" person to receive any firearm, transported or
missile or (e) similar weapon, or launching is a new provision. Pawnbroker dealers are shipped in interstate or foreign commerce, by
device therefor (except devices which are not covered under the provisions of the existing an unlicensed Importer, manufacturer, or
designed or redesigned or used or intended act in the same manner as other dealers. dealer.
for use as a weapon.) Second, the deflni- 'fhe purpose of this definition is to provide The provisions of section 2(a) of the bill
lion would include large caliber weapons a basis for a separate classification of pawn- establish a general rule making it unlawful
such as bazookas.' mortars, antitank guns, broker dealers. Under the provisions of the for any person, except an importer, unlawfc-
ete., in order that the more stringent con- Iational Firearms Act (26 U.S.C., ch. 53), turer, Or dealer licensed under the provisions
ltirote applicable with respect to the traffic 'rawnbrokers are separately classified and of this act, to transport, ship, or receive fre-
ln destructive devices would be applicable charged a higher rate of special (occupa- Some In interstate or foreign commerce. This
With respect to such weapons. ;tonal) tax than other dealers. would have the effect of channeling inter-
The parenthetical exception contained in The definition of the term "indictment" Is state and foreign commerce in firearms
this definition 1s drafted in the same manner it new provision. Inasmuch as a person through licensed importers, licensed manu-
aethe exceptions contained In 25 U.S.C. see- under Indictment for certain crimes is pro- facturers, and licensed dealers, thereby pro-
flop, 6179(x) (relating to registration of scribed from shipping or receiving firearms hibiting the so-called mail-order traffic
'stills) and section 5205(a) (2) (relating to '.n interstate or foreign commerce, and a in firearms to unlicensed persons. Thus, the
stamps on containers of distilled spirits). ',Scenes under the net will not be issued to several States could adequately deal with th(
such a person, the definition will serve a sale and disposition of firearms within then
Therefore U Unitnieise' theStates, 7'? decisions the courts (Queen
Y. 77 F F. . 2d d 790; cert. . don. . 295 5 useful purpose in making it clear that an own jurisdiction by the exercise of their
U.S. 755; and Scheer V. United States; 305 U.S. 'information" charging a crime 1s the same police power granted to them under the Con
251) to the effect that the Government is is indictment charging a crime. attrition.
a in n .not required an to allege or prove matter con- definition is in m accord with the opinion Of
of The provisions of this Subsection wouh
tamed in an exception would be applicable, the court in Quinones V. United States, 161 not, of course, be applicable in respect o
Establishment by a person that he came F. 2d 79. transactions with the persons excepted undo
Within the exception would be a matter of The definition of the term "fugitive from the provisions of section 4 of the act (1
affirmative defense. Thus, an explosive de- J, ties" is a restatement of existing law (15 U.S.C. 904), such as Federal or State agencies
Vies shown to be designed and intended for U.S.C. 901(6)) with reference to "territory" No specific exception is made in this sectio
lawful use a in construction or for other in- omitted since there is at the present time for the transactions with such persons, sine
ever, if he doves device would a excepted.
or no such territory. such transactions are covered by section 4
or or d. used How-
ever, intended the as were designed definition of the term "crime punish- However, five specific exceptions are mad
Subject for use, of the a weapon ,ctt. , would uld be able by imprisonment for a term exceeding to the general prohibitory provisions of sub A provision vi ion pro has been made in this deflni- i year" is a new provision. section (a). These exceptions deal (1) wit;
tion that the Secretary may exclude from the Prior to October 4, 1961, the Federal Fire- the transporting of certain types of firearm
definition any device which he finds is not arms Act Included provisions which made it by individuals traveling In interstate 0
likely to be used as a weapon. Examples of Unlawful for a person convicted of a crime foreign commerce, (2) with the shipment o
devices which may be excluded from this of violence (as defined) In any court of the firearms to licensees under the act for author
definition are devices such as Very pistols United States, a State, or possession, to fled service and the return of such firearn
Approved For Release 2004/05/05: CIA=RDP67B00446R0005002$0027-8
 MCRO 44AW"Release 200~Mti&kFbfA7'MWAW660%V028D827-8 5365
to the sender, (3) with the transportation of' any manner in the District of Columbia, the otherwise dispose of any firearms to any
firearms by carriers, and (4) with the appli- Commonwealth of Puerto Rico, the Virgin person who, by reason of State or local law,
cation of the subsection in the District of Islands, or a possession, differently than it regulation, or ordinance, applicable to the
Columbia, the Commonwealth of Puerto would apply if such place were a State of the place of sale or other disposition, may not
Rico, and the possessions. United States. This provision Is intended to lawfully receive or possess such firearm.
Exception (1) makes? it possible for a per- make it clear that the prohibitions of the The conditions imposed by this subsection
son who is traveling In interstate or foreign - subsection are not intended, by reason of on the operations of persons licensed under
commerce to carry with him his shotgun or the definition of the term "interstate or for- the act are deemed to be reasonable condi-
'ile (other than a short-barrel shotgun or eign commerce," to apply to over-the-counter tions on the privilege granted to them, and
Short-barreled rifle). The exception also sales, or transportation within such places. necessary to effective control of interstate
Mikes it possible for an Individual traveling The decisions of the courts (Queen v. and foreign commerce in firearms, and to
n interstate or,foreign commerce (such as United States, 77 F. 2d 780, cert. den. 295 protect the public welfare.
. persons moving his place of residence) to U.S. 755; and Schorr v. United States, 305 Subsection (c) : Subsection (c) of section
rave his shotgun or rifle transported for him U.S. 251) to the effect that the Government 2 of the bill Is a new provision which, like
ender such conditions as the Secretary shall is not required to allege or prove matter subsection (b), deals with the activities of
y regulations prescribe. However, the contained in an exception would, be appli- licensed importers, licensed manufacturers,
ransportation of the firearm by or for the cable to the exceptions contained in this sub- and licensed dealers. This subsection would
ndivtdual must be for a lawful purpose. section. Establishment by a person that he make it unlawful for any such importer,
The second exception, which is contained came within the exception would be a matter manufacturer, or dealer to sell or otherwise
n paragraph (2), relates to the transporting of affirmative defense. dispose of any firearm or ammunition to any
>f a pistol or revolver by an individual travel- Subsection (b) : Subsection (b) of section person (other than a licensee operating
ng in interstate or foreign commerce and to 2 of the act, as contained in the bill, is a under the provisions of section 3(d) or sec-
raving the pistol or revolver transported for new provision which Is intended to regulate tion 6) knowing, or having reasonable cause
such an individual. The limitations with re- the disposition of firearms by licensed im- to believe, that such person is under indict-
spect to the transportation of pistols and porters, manufacturers, and dealers, to per- ment or has been convicted in any court of
revolvers are more restrictive than with re- sons other than licensees under the act. the United States, or of a State (as defined in
spect to the transportation of shotguns or' The subsection would make it unlawful for paragraph (2) of section 1) or possession, of
rifles. The reasons for the home stringent any importer, manufacturer, or dealer to sell a crime punishable by imprisonment for a
limitations are twofold. First, the States or otherwise dispose of any firearm without term exceeding one year, or who is a fugitive
and possessions in general have, under their following the required procedures for ascer- from justice. In other words, licensees would
police power, imposed more restrictions on taining (in such a manner as the Secretary be prohibited from knowingly disposing of
the acquiring, possessing, or carrying of con- shall by regulations prescribe) the identity firearms or ammunition to felons, fugitives
cealable weapons than have been imposed and place of residence (or of business in the from justice, or persons under indictment
with respect to sporting-type firearms, such case of a corporation or other business en- for a felony. This subsection would also
as shotguns and rifles. Second, the more tity) of the purchaser. make It unlawful for such importer, manu-
restrictive limitations are also correlated to In order for the records of disposition facturer, or dealer to ship or transport any
the provisions of subsection (b) of section 2 required to be kept by licensees to have sag- firearm In interstate or foreign commerce to
as contained in the bill, which would pro- nlfleant value or validity, it is essential that any person who may not lawfully receive
habit licensed importers, manufacturers, and the licensees be required to satisfactorily such firearm under the provisions of subsec-
dealers from selling a pistol or revolver to ascertain the identity of the purchaser and tion (a) of this section.
a person who is a nonresident of the State his place of residence. It should be noted Subsection (d): Subsection 2(d) of the
in which the licensee's place of business is in this regard that the rifle used by Lee Bar- bill is existing law (15 U.S.C. 902(e)) except
located. vey Oswald to assassinate the late President that the words "in any court" have been in-
The effect of the provisions of paragraph John F. Kennedy, and the pistol used to kill serted to conform the language to the lan-
(2) of this subsection, coupled with the pro- the police officer, were procured by Oswald guage of subsection (e).
visions of subsection (b) of this section, is to from federally licensed dealers, under a fie- Subsection (e) : Subsection 2(e) of the'
require a person to procure his pistol or tltlons name. bill is a restatement of existing law (15 U.S.C.
revolver in the State in which he resides, and Under the subsection all sales or other (Iie- 902(f)) revised to include persons under
if he transports the pistol or revolver across' positions by federally licensed importers, indictment. The omission of these persons
a State line, to comply with the law of each federally licensed manufacturers, and fed- from existing law appears to have been an
State into or through which he transports erally licensed dealers of shotguns and rifles inadvertent omission since such persons are,
such pistol or revolver. Such provisions are (other than short-barreled weapons) to per- under existing law (15 U.S.C. 902(e) ), pro-
ieslgned to give meaning and effect to the sons under 18 years of age, and of all other hibited from shipping or transporting fire-
:aws of those States which have imposed re- types of firearms to persons under 21 years arms in interstate or foreign commerce. Also,
luirements for the protection of their citi- of age, would be prohibited. This provides a the presumption contained in existing law
lens with regard to-the acquiring, possess- uniform and effective means throughout the has been eliminated, since It was declared
ng, or carrying of such firearms. The term United States for preventing the purchasing unconstitutional by the Supreme Court in
'State" Is defined in paragraph (2) of sec- of the specified firearms by persona under Tot v. United States 319 U.S. 463.
'.ton 1 of the act as including the District such ages. The procuring of firearms by Subsection (f): Subsection (f) of section
d Columbia, the Commonwealthof Puerto juveniles (often without the knowledge or 2 as contained in the bill is a new provision
taco, and the Virgin islands. consent of their parents or guardians) has which would make it unlawful for any per-
The third exception, contained in para- become a matter of national concern. The son (including a licensee under the act)
;raph (3) of subsection (a), provides that, tragic consequences of this situation has knowingly to deposit, or cause to be de-
ubjectto such conditions as the Secretary been brought out in the proceeding of the posited for mailing, or delivery by mail, or
hall by regulations prescribe, a person may Subcommittee To Investigate Juvenile De- knowingly to deliver, or cause to be delivered,
hip a firearm to a licensed importer, licensed linquency of the Committee on the Judiciary to any common or contract carrier for trans-
aanufacturer, or licensed dealer for author- 9f the Senate. portation or shipment in interstate or
led service and for the return of such fire- The provisions of the subsection prohibit- foreign commerce, any package or other con
rm to the sender. However, it should be ing licensees under the act from selling a tamer In which there is any firearm, with-
oted that this exception does not apply to firearm (other than a shotgun or rifle) to an out written notice to the Postmaster General
ny firearms which are subject to the prove- unlicensed Individual who is a resident of a or his delegate or to the carrier (as the case
one of the National Firearms Act. Such State, other than that in which the im- may be) that a firearm is being transported
rearms can only be transported In inter- porter's, manufacturer's, or dealer's place of or shipped. This provision is correlated to
ate or foreign commerce between persons business is located, is intended to deal with the provisions of section 2(g) of the act as
tensed under the act. the very serious problem of individuals go- contained in the bill which in general pro-
Paragraph (4) of this subsection provides Ing across State lines to procure firearms hibits carriers from delivering, or causing to
i exception for the shipping or transport- which they could not lawfully procure or be delivered, in interstate or foreign com-
ig of a firearm in interstate or foreign com- process in their own State and without the merce, any firearm to any person who does
.erce by common or contract carrier between knowledge of their local authorities. The not exhibit or produce evidence of a license
arsons licensed under the act, and to and hearings before the Subcommittee to In- obtained under section 3 of the act. Further,
em licensees and persons exempted by see- vestigate Juvenile Delinquency of the Com- the testimony before the Subcommittee to
on 4 of the act. This exception also rec- mittee on the Judiciary of the Senate dem- Investigate Juvenile Delinquency of the
;nines lawful shipments by U.S. mail be- onstrated the ease with which residents of Committee on the Judiciary of the Senate
veen persons licensed under the act. Fur- a particular State, which has laws regulating disclosed the existence of a practice of sur-
ler, the exception recognizes transportation the purchase of firearms, can circumvent reptltiously shipping firearms, without notice
or from nonlicensees pursuant to regu- such laws by procuring a firearm in a neigh- or disclosure, to circumvent requirements of
ttione,pr this ed ender paragraphs (1), (2), boring jurisdiction which has no such con- Federal or State law.
off (3) of f this subsection. troll on the purchase of firearms. Subsection (g) : Subsection 2(g) of the act
The provisions of paragraph (5) of sub- Paragraph (4) of the subsection would as contained in the bill is a new provision
action (2) provide that nothing in this sub- make it unlawful for any federally licensed which would in general make it unlawful
sctlon shall beconstrued as applying in importer, manufacturer, or dealer to sell or for any common or contract carrier to de-
 Apprd For Release 2004/05/05 :PAWDP89 $ii6F 28Qo ?a TE March 22, 1965
, Ver, or cause to be delivered, in interstate cation for importers, and under subsection fee the Secretary of the Treasury shall issue
.or foreign commerce, any firearm to any per- (a) an Im
t
por
er would be required to ob thlit
-o suc appcan a license which shall en-
son W,Jro does not exhibit or produce evidence tam a license as such, title the licensee to transport, ship, or receive
of a license obtained under section 3 of the Under existing law, the applicant. If a firearms and ammunition In Interstate or
eat. As noted in the discussion of subsec- manufacturer or Importer, paid a fee of $25 foreign commerce unless and until the license
lion 2(f)
any person who delivers or caus
s
,
e
per annum and if a deale ff $1 i
,,,r, aee o pers suspended or revoked in accordance with
to be delivered to the common or contract annum. These fees are completely unrealts- the provisions of the act. It will be noted
Carrier, any package or other container In tie and, In the case of dealers, represent only that there are no specific conditions on the
PWhlch tllergs is a firearm, is required to give a fraction of the cast of
i
process
ng an appli issuance of a licenth th th
-se oerane pay-
,Written notice to the carrier that a firearm cation and Issuing a license. Further, the rent of the prescribed fee. However, in view
Is being transported or shipped. Information presented at the public hearings of the proscriptions in section 2 of the act
This provision is also correlated to the 4held in 1963 by the Subcommittee to In- against the shipment, transportation, or re-
Provisions of section 2(a) of the act as con- vestigate Juvenile D
li
e
n
quency of the Judi ceipt in interstat fi
-e ororegn commerce of
tamed in the bill, and Is intended to aid in cfary Committee of the Senate, and by the firearms or ammunition by a person who is
effectuating the provisions of that subsec- Commerce Committee of the Senate in 1963 a fugitive from justice, or who has been con-
tion which are intended to channel interstate and 1964 on S 1975 88t
h Cong let sass) victed of or who isd iditt f
.,.,., unerncmenor,
or foreign commerce in firearms to persons strongly indicated that many of the persons any offense punishable by imprisonment for
licensed under the act. holding licenses as dealers under the Federal a term exceeding 1 year, the act has con-
S.ubsection, (h) : Subsection (h) of section Firearms Act were not bona fidely engaged sistently then construed as precluding the is-
2 as contained in the bill Is existing law (15 in business as such, but had, due to the suance of licenses to such persons since it
U.S.C. 902 (g) ) and relates to the transporta. nominal license fees, obtained the. licenses would be Illegal for them to engage in the
tion or shipment of stolen firearms, for their own personal reasons (e.g., to ob- transactions covered by the license (see 26
Subsect on (1): Subsection 2(1) as con- tain a discount on purchase of firearms, or CFR, pt. 177). The revision of section 3(b)
tained In the bill is a restatement of existing to ship, or receive concealable weapons makes it clear that the privileges granted to
law (15 U.S.C. 902(h) ). The language has through the mails, or to circumvent State or the licensee are not unlimited or uncondl-
been revised to correspond with other com- local requirements). tional but are subject to the provisions of
parable prbvslous. of Federal law per aiining Under the provision of subsection (a) of this act and other applicable provisions of
to the recel t or sale of stolen section 3 of the act as contained in the bill law, and also that the application for the
moving as, or which Is a part of, or which the license fens would be increased to a figure license may be denied under the conditions
constitutes Interstate or foreign commerce" which would make it very unlikely that any set forth In section 3(c) of the act as con-
(see 18 U.S.C. 2313 relating to sale or receipt person not bona fidely engaged in business tained in the bill.
of stolen vehicles). This change will make as an importer, manufacturer, or dealer Subsection (c): Subsection (e) of section
it clear that the provisions apply to stolen would attempt to obtain a Federal Firearms 3 of the act as contained in the bill is basi-
ftrearms or an)munltton transported in in- Act license. The increased license fees cally a new provision, except to the extent
tersiate or foreign commerce, after having would be such as to not only cover the cost that it sets forth the construction of existing
been stolen, as well as to firearms and am- of processing an application and issuing the law to the effect that a license will not be
munition stolen to the course of movement lcense, but would defray the cost of con- Issued to a person who is prohibited from
In Interstate or foreign commerce. 9uoting the investigation contemplated by transporting, shipping, or receiving firearms
Subsection (J): Subsection 2(J) as con- y
tained in the bill is a restatement of exist- e previsions section tS(C) Of er in the act - merce in Interstate or foreign co as or law (15 U.S.C. 902(1)) relating to fire- contained n s of the e hiapplicant determine
engage lusl coerce e under er the provisions ssubsection a (d)
o)
Prom which the manufacturer's serial lusin ss, and etr or to ehea the (e) section 2 of 1 the the act person
number has been removed, obliterated or rusld heis or not he would be Who has s been n for, convicted y of, or w a who if under
altered. The restatement makes applicable dka y n to to conduct his operations In tom- from justice). for, a felony, or who is a fugitive
,the provisions of the subsection to an in- -AA separate nic
ee with the act. from exisrte)eg.a provisions serial number, as well as the maim- l manufacturer fees arms The Act, t, regarding ing the Issuance the a of licenses, Federal c Fire,
dealer a and man higher
uffauance of enses,
fectuRer!s. since importers and manufac- i provided d in the he ease o as ease
tnrere are separately classified under the or importer of, or a dealer In, "destructive represent an anomaly to the general practice
provisions of the bill. The restatement also devices" M defined in section 1(4) of the with regard to the issuance of licenses or
deletes the words "'and the possession of any act as contained In the bill. Since ticlesuc- permits In that the act contains no stand-
such firearms shall be presumptive evidence ;eve devices" are not ordinary articles of ards for the Issuance or denial of a license
that such Areargl was being transported, 'commerce, it Is anticipated that very few such as are contained in other comparable
that licenses will be Issued. The purpose acts. (See 26 U.S.C. 5271(c) and 5712, and
Shipped or received, as the case may be, by ,cop this separate classification and higher fee 27 U.S.C. 204(a) (2) ).
the possessor in violation of this Act" since with respect to such devices is to make more Even though the act has no specific Slain-
the presumption Is meaningles In view of affective the stringent controls imposed tory standards, the courts would have held
the decision of the Supreme Court In Tot under the bill with regard thereto. that there would have been an implied
V. Subsection ubted States, 31.9 U.S. 463.
- A separate license with a higher license fee standard had the terms of the act provided
(k): Subsection (k) of section Is also provided for pawnbroker dealers. A any discretion to the Secretary with regard
2 of the act as contained in the bill is a new "pawnbroker" is defined in section 1 of the to the Issuance of a license. (See Ma-King
any person Which would make it unlawful for bill. It may be noted that under the Co. v. Blair, 271 U.S. 479, where the Supreme
any per to import or bring into the
United National Firearms Act (26 U.S.C., ch. 53) Court held that In the case of a statute
States, or any possession thereof, any pawnbroker dealers are charged a higher rate which granted discretion; i.e., used the lan-
firearms in violation of the provisions of this of occupational tax than other dealers. guage may issue"' rather than "shall issue,"
act or to import or bring Into the United The language of the first sentence 1s in- that a license could be denied If there were
States or any possession thereof any ammo- tended to make it clear that no reasonable grounds for believing that the
nition for _a destructive device. This ro- person shall p engage in business as an ne of firearms applicant likely conduct
to impo his
,VWon Is importation d the provisions relating
fir ammunition, or is a a manufacturer r o of operations In (a) conformity with Federal tral
law.
to rtation ion Of firearms contained In Sn sec- fu?earms or ammunition, or as a dealer in Subsection (c) of section it wit sec3 of f the ahe act
cU as
tlon 3(e). firearms or ammunition, until he has filed contained in the bill eliminates the aroma.
Subsection (1) Subsection (1) of section in application with, and received a license lous situation with respect to the licensinf
2 of the act as contained In the bill is a new to do so from, the Secretary. In order to system contained in existing law and set:
provision which would make it unlawful for Effectively regulate Interstate and foreign forth specific standards under which an ap
any person to knowingly receive any firearm (ommerce in firearms and ammunition, it is plication shall be disapproved and the Si
or ammunition whlch has been imported or leeceesary that all persons engaging in these tense denied, after notice and opportunit
brought Into the United States, or any p0s- I usinesses be licensed. Similar provisions for hearing.
session thereof, in violation of the provisions naera upheld in Hanf v. United States, 235 F. The standards provided In subsection (c
of this act. This subsection also Is corre- 2d 710, cert. den. 352 U.S. 880, as reasonably are very similar to the standards provide
listed to the provisions of section 3(e) of the necessary to effective control of interstate In 26 U.S.C. section 5271(c) (relating to pet
set relating to Importation. End foreign commerce under comparable mils to
p procure, deal iIn, or ts ; use U.S.C. 5 l1
Section 3 of the bill: Section 3 of the bill conditions. denatured distilled
would amend section 3 of the Federal Fire- spirts); 26 U571
..The provision that applicants shall be re- (relating to permits for manufacturers arms Act?(15 U.S.C. ort903) which relates to 11- cutred to pay a fee for obtaining their license tobacco products); and to 27 U.S.C. 2C
"Ming of importers, manufacturers, and ';for each place of business" is merely a (relating to wholesale dealers In liquor;
dealers, and to recordkeeping by licensees. clarification of existing law, since existing importer of liquors, etc.). It may be note
Subsection (a) : Subsection (a) of section 1:4w is now so construed (see 26 CFR, pt. that the principal standard in all three
S of the act as contained in the bill is a re- 177.33). the statutes cited Is the Implied standar
statement and revision of existing law (15 Subsection (b) : Subsection (b) of section recognized by the Supreme Court in th
U.S.C. 993(a)). . 3 as contained In the bill is a restatement Ma-King case (Ma-King v. Blair, 271 U.S
17tider existing law, an importer is re- and revision of the provisions of existing 479).
,,. quired to obtain a license as a manufac- Iegw (15 U.S.C. 903(b)). Existing law pro- The hearing and appeal procedures pro
tuner. The bill provides a separate classifl- video that v n a en o e elder by
the Administrative Procedure Ac
Approved For Release 2004/05/05: CIA=RDP67r00 46Rd08980 NMI -8
 NIp'1I UFdMilease 20041d 6/ 9a b0 U5AWA -8
(act of June If, 1946, 5 U.S.C. 1001, et 'seq.)
would, as in the case or the pernilts provided
for in 26 V.S.C. 6271 and 5712, be applicable
with respect to license proceedings under the
Federal Firearms Act. The provisions of paragraph (2)relating
to individuals possessing, directly or Indi-
rectly, the power to direct or cause the
direction of the management and policies of
the corporation, partnership, or association,
are necessary to preclude felons or other In-
dividuals who could not obtain a license as
an individual from using a corporation or
other business organization to-conduct their
operations. In the past, individuals con-
victed of a felony have formed corporations
for the purpose of continuing their firearms
operations.
The provisions of paragraph (5) would
preclude the issuance of licenses to appli-
cants who do not have, or do not intend to
have or maintain, bona fide business premises
for the conduct of the business. This pro-
vision will be a definite aid In limiting li-
censees under the Federal Firearms Act to
persons bona fidely engaged in business, and
assuring that there will be an appropriate
place that is subject to proper inspection
where the required records will be main-
The information developed at the public
hearings held by the Subcommittee To In-
vestigate Juvenile Delinquency of the Judi-
cfary Committee of the Senate disclosed a
definite need for such a provision. It was
shown that in some cases importers or deal-
ers maintained, no regular place of business
which could be found, and conducted their
operations through post office boxes, mail
drops, answering services, etc.
Subsection (d): Subsection (d) of section
8 of the act as contained in the bill replaces
the provisions of existing law contained in
section 9(c) of the act (15 U.S.C. 903 (a)) and
reflects the construction of existing law as
contained in current regulations (26 CFR
177).
The requirement of existing, law, concern-
ing the posting of a bond by a licensee con-
victed of a violation of the act in order to
continue operations pending final disposition
of the case on appeal, serves no useful pur-
pose, and has been omitted. Further, the
provisions of this subsection havebeen re-
vised to simplify administration. Since the
licensee is required to reapply each year for
a license, the information on the application
relating to his indictment and/or conviction
will be adequate. Also, the license itself can,
as at present, contain a warning that the
licensee cannot continue operations once his
conviction has become final (other than as
provided in sec. 6).
As under existing law and regulations, a
new license will not be issued to a person
under indictment for or who has been 'con-
5367
made by its Subcommittee To Investigate dealers under the provisions of this section
Juvenile Delinquency with respect to the to be kept posted and available for Inspec-
"Interstate Traffic in Mail-Order Firearms" tion on the business premises covered by the
(S. Rept. No. 1340, 88th Cong., 2d seas.) made license.
it clear that such firearms are a principal Subsection (I): Subsection (i) of the act
source of supply of Juvenile delinquents and as contained in the bill is a new provision.
certain other criminal elements, This re- Existing law (15 U.S.C. 902(1)) makes it
port also indicated that many of these fire- unlawful for any person to transport, ship,
arms were In such poor condition, or of such or knowingly receive in Interstate or foreign
poor workmanship, that their use would be commerce, any firearm from which the
hazardous. manufacturer's serial number has been re-
The operations of certain importers of and moved, obliterated, or altered. Under the
dealers in such firearms has reflected a statutory authority to prescribe regulations
flagrant disregard of the public Interest. to carry out the provisions of the act (16
Under the provisions-of the subsection, no U.S.C. 907), the Secretary has prescribed
person could import or bring firearms into regulations requiring the identification of
the United States or a possession thereof, firearms (26 CFR 177.50). Subsection (i)
except upon authorization by the Secretary. would Include In the act specific statutory
Such authorization would not be issued un- authority for the Secretary to require
der the provisions of this subsection unless licensed Importers and licensed manufac-
it was established to the satisfaction of the turers to identify firearms in the manner
Secretary that certain conditions designed to prescribed by regulations.
protect the public interest had been met. Section 4: Section 4 of the act as con-
These provisions would not hinder the im- tamed in the bill is a restatement of exist-
portation of currently produced firearms of a ing law (15 U.S.C. 904). However, the sec-
type and quality generally recognized as par- tlon as contained in the bill eliminates cer-
ticularly suitable for lawful sporting pur- tam of the exceptions In existing law.
poses, or the importation of antique or un- Section 4 of the act as contained In the
serviceable firearms (not readily restorable to bill contains the exception in existing law
firing condition), imported or brought in as (16 U.S.C. 9D4) applicable in respect to trans-
a ourlo or museum piece. portalon, shipment, receipt, or importation
Subsection (f) : Section 3(f) of the act of firearms or ammunition imported for, or
as contained in the bill is a new provision sold or shipped to, or issued for the use of
relating to the sale or other disposition of (1) the United States or any department, in-
destructive devices, machmneguns, short- dependent establishment, or agency thereof,
barreled shotguns, and short-barreled rifles or (2) any State or possession, or the Dis-
by licensees to nonllcensees. This pro- trict of Columbia, or any department, inde-
vision is imposed as a condition on the pendent establishment, agency, or any polit-
privilege granted the licensee to engage ical subdivision thereof. Such transactions
in interstate or foreign commerce with re- are completely exempt from all provisions of
spect to such firearms. Since these are not the net,
ordinary articles of commerce, It not ex- The exemptions In existing law for certain
peeled that there will be any significant nongovernmental activities have been omit-
volume of transactions falling within the ted. Such omission does not mean that
application of the subsection. However, it firearms or ammunition cannot be shipped
is deemed to be in the public interest to to, or procured by, the omitted persons. It
place adequate controls over the disposition merely means that the omitted persons will
of these firearms s by by licensees to nonlicenaed be required to obtain firearms and ammuni-
3 of the act as contained--in theVbillVisVa ords of transactions must be maintained.
restatement and revision of the recordkeep- Section 5: No change has been made in
ing requirements of existing law (16 U.S.C. subsection (a) of section 5 of the act relat-
903(d). Under existing law and regulations Ing to penalties. However, subsection (b)
(26 CFR 177.51), licensees are required to of section 5 of the act as contained in the
maintain complete and adequate records re- bill is a restatement and revision of existing
fleeting the importation, production, and law (15 U.S.C. 905(b)). This subsection
disposition at wholesale and retail, of fire- would extend the existing forfeiture provi-
arms, and the records are required to be lion of the Federal Firearms Act, which pro-
kept available for inspection by internal vide for the forfeiture of firearms and am-
revenue officers during regular business munition Involved in violations of the act
hours (26 CFR 177.54). to cover firearms and ammunition "Involved
The restatement of the recordkeeping re- in, or used or Intended to be used in," vio-
quirements contained in this subsection lation of the act or of certain provisions of
would make clear in the statute the require- title 18 of the United States Code pertain-
ment that the records be made available for ing to threats to, or assaults on, law enforce-
vlcted of, an offense punishable by imprison- inspection at all reasonable times, and the
ment for a term exceeding 1 year. However, authority of the Secretary or his delegate
a licensed importer, licensed manufacturer, to enter during business hours the premises
or licensed dealer may continue operations of the licensee for inspection purposes.
pursuant to his existing ilcenrye (provided The subsection also makes clear the au-
that Prior to the expiration of the term of thority of the Secretary, by regulations, to
the existing license timely application Is made 'require the submission of reports concern-
fot a new license), during the term of such Ing the operations of licensees.
tdictment and until any conviction pursu- It has been existing practice to make
~nt to the indictment becomes final, where- available to State and local law enforce-
, Pon he shall be subject to all provisions of ment officers information obtained from the
'fns act and operations. pursuant to such ' required records of licensees for law enforce-
cause shall be discontinued. If a bona fide ment purposes (e.g., tracing the ownership
pplication for relief is filed under section 6, of a firearm found at the scene of the
perations may continue until such applies- crime). The subsection would provide ape-
Ion Is acted upon. rifle statutory authority for this practice.
Subsection (e) : Subsection (a) of section It may be noted that the. entry and inspec-
of the act as contained in the bill Is a new tion provisions contained in this subsec-
,revision designed to bring under control the tion are similar to those provided In 26
low,oY, Surplus military weapons and other U.S.C. 5146 with regard to the premises of
treat s helgg Imported or brought into the liquor dealers.
7nlte States which are not particularly Subsection (h): Subsection (h) of sec-
iuitable fot target shooting, hunting, or any tion 3 of the act as contained in the bill is a
-0Sther lawful sporting purpose. The Interim new provision which would require licenses
2eport of the Committee on the Judiciary issued to Importers, manufacturers, and
President, the Vice President, etc.
Under existing law, firearms involved in
violations of the Federal Firearms Act (15
U.S.C. 901 et seq.) or the National Firearms
Act (26 U.S.C. ch. 53) are subject to for-
feiture. However, these provisions are
inadequate to cover many cases involving
firearms used in offenses against the laws
of the United States pertaining to assaults
on, or threats against, law enforcement of-
ficers and public officials.
The procedures applicable to seizure, for-
feiture, and disposition would be the same
as for firearms seized for violation of the
Federal Firearms Act (i.e., the provisions of
the Internal Revenue Code of 1954, appli-
cable In respect of National Firearms' Act
firearms, would apply).
The enactment of this provision is deemed
to be clearly a matter in the national Inter-
est.
Section 6: Section 6 of the bill would re-
number sections 6, 7, 8 and 9 of the Federal
Firearms Act as sections 8, 9, 10 and 11, re-
 Ap d For Release 2004/05/0?07SIAP$ i]ffdd4dZ D0-2881 '!4$'E
apectively. and insert after section 5 two
new sections.
The new section 6 would provide for the
relief of convicted persons under certain con-
ditions. This section would not apply if the
crime involved the use of. a firearm or other
weapon or a violation. of the Federal Firearms
Act or the National Firearms Act. Otherwise,
the Secretary could grant relief from the
disabilities Incurred under the act by reason
of a conviction if It was established to his
Satisfaction that the circumstances regard-
ing the conviction and the applicant's record
and reputation were such that the applicant
will not be likely to conduct his operations
in an unlawful manner and that the granting
of the relief would not be contrary to the
public interest.
The new section 7 of the act as contained
In the bill relates to the applicability of oths
e; laws. This section is merely for the pur-
pose of making it completely clear that noth-
ing in the Federal Firearms Act shall be con-
strued as modifying or affecting any provi-
sion of the National Firearms Act, section 414
Of the Mutual Security Act of 1954, or section
1715 of title 18 of the United States Code.
Also subsection (b) makes It clear that noth-
ing in the Federal Firearms Act is intended
to confer any right or privilege to conduct
any business contrary to the law of any State,
or to be construed as relieving any person
from compliance with the law of any State.
"Section 7: Section provides that the amend-
ments made by this act shall become effec-
tive on the date of the enactment of the
act, except that the amendments made by
section 3 to section 8(a) of the Federal Fire-
arms Act would not apply to any Importer,
manufacturer, or dealer licensed under the
Federal Firearms Act on the date of enact-
ment of the act, until the expiration of a
license held by such manufacturer, importer,
or dealer on such date.
In effect, this would mean that a licensee
would not have to obtain a new license until
his existing license expired.
LEAVE OF ABSENCE
Mr. HOLLAND. Mr. President, I ask
unanimous consent that I may be ex-
cused from attendance in the Senate for
the remainder of the afternoon and to-
morrow in order that I may attend the
planned launching of the Gemini space
trip tomorrow in Florida.
The PRESIDING OFFICER. Without
objection, it is so ordered.
"PRIME CONTROL-WHOSE RE-
SPONSIBILITY IS IT?"-ARTICLE
BY HOWARD B. GILL
Mr. MORSE. Mr. President, recently,
at William and Mary College, one of our
country's outstanding, brilliant criminol-
ogists, Howard B. Gill, director of the In-
stitute of Correctional Administration,
School of Government and Public Ad-
ministration,, American University,
.Washington, D.C., had published in the
William and Mary Law Review an article
entitled "Crime Control-Whose Respon-
sibility Is It?"
In view of the fart that the Senate will
be considering before adjournment the
question of crime and its solution, I ask
unanimous consent that the article be
printed at this point in the RECORD.
There being no objection, the article
was ordered to be printed in the RscoRD,
as follows:
CRIME CONTROL-WHOSE RESPONSIemrrr Is IT?
(By Howard B. Gill; director, Institute of
Correctional Administration, School of
(tovernment and Public Administration,
American University. Washington, D.C.)
"Only when the law-that is the judicial
branch of the government-takes over the
crime control program shall we ever have
efficient law enforcement, a sound correc-
tio:ral program Including probation and pa-
role, and effective crime prevention."
When Cesare Beccaria wrote his famous
essay "Of Crimes and Punishments," 200
years ago.2 he enunciated what Gilbert and
Su livan made popular a century later in the
ph:wsse "make the punishment fit the crime."
It was almost the end of a long era In which
the judiciary had dominated the entire crime
control process, often In a ferocious exercise
of justice. It was an era which began with
Hanmurabi and which was characterized in
more modern times by the Infamous "Bloody"
Lord Jeffries.
During this era of judicial domination, the
juc go convened the grand jury and returned
the Indictment. The sheriff as agent of the
court apprehended the accused and confined
him in the jail attached to the court. The
jut ge and his petit jury tried, convicted, and
sentenced the culprit after which the sheriff
took him out and hanged h1m-or otherwise
carried out the order of the court. Now when
as a result of Beccaria's famous essay, pun-
ishment became regulated, all this was very
neat and tidy-and, please note particularly,
entirely under the judicial branch of the
government.
A HISTORICAL NOTE
During the 100 years following Beccaria's
prcposals there occurred events which had a
prcfound Influence on the whole administra-
tio a of the criminal law.
In 1777, John Howard published his 'State
of Prisons" which greatly influenced both
British and American thinking with regard
to the treatment of prisoners.-
10 1779, the English Parliament passed the
Peir3tentiary Act enabling sheriffs to create
out:-of the jails places where convicts could
"datime."'
In 1785, Sir Thomas Beevor, under the Pen-
ite:itiary Act, remodeled the jail in Norfolk
County, England, as the first modernpent-
tertlaryIn 1790, Pennsylvania authorized the re-
modeling of the Walnut Street Jail as a pent-
tertiary house?
Item 1790 to 1830, many States followed
Pelmsylvania's example and the famous Au-
bm'n and Pennsylvania systems were estab-
lisliefl?
In 1830. Massachusetts courts developed
tile doctrine of judicial reprieve;' and In
Remarks made at the Annual Banquet of
tht George Wythe Chapter, Phi Alpha Delta
Law Fraternity, College of William and Mary,
Wiliamsburg, Va., Jan. 11, 1964.
'Barnes, Harry Elmer, and Teeters, Neg-
ley K., New Horizons In Criminology, 3d ed.,
Prentice-Hall, Inc., New York, 1959; pp. 322-
323.
' Ibid., pp. 331--335-
' lbid, p. 385.
' Ibid. (2d ed. 1951) ; pp. 397-398.
? Ibid. (3d ed., 1959); pp. 835--33'7.
''Ibid., pp. 337-347. See also, Attorney
Ge:reral's Survey of Release Procedures, vol.
V., Prisons, Federal Prison Industries, Inc.,
Leavenworth, Kans:, 1940; pp. 1-39.
$ Com.m.onwealth V. Chase, Thacker's Crim-
inal Cases 287 (1831); recorded in vol.
.RLB of the Records of the Old. Municipal
Co'art of Boston, p. 199. See also, Attorney
General's Survey of Release Procedures, vol.
H., Probation, U.S. Government Printing Of-
flea, Washington, D.C., 1939; p. 19.
1841, John Augustus began his work with
prisoners released under this theory which
finally resulted in the first probation law of
1878.-
From 1840 to 1844, Capt. Alexander Me-
conochie set up a, parole system for prisoners
on Norfolk Island, which became elaborated
In. the Irish system from 1850 to 1870 and
which in turn inspired American prison au-
thorities to establish parole In this country
beginning in 1875.'11
With these events during these hundred
years, the. major programs of dealing with
criminals after conviction had been taken
out of the hands of the judiciary and trans-
ferred to the executive branch of the govern-
ment.
During this same period other significant
events took from the courts their function
of apprehending the offender. In 1829, Sir
Robert Peel created the first police depart-
ment In London, and in 1844, the city of
New York established the first organized
police force In America'r Both of these po-
lice forces were placed under the executive
and the Investigation of suspected offenders
was gradually transferred from the sheriff
to the detectives of the police departments.
In fact in many jurisdictions, the sheriff who
had by now become an elected official, aban-
doned most of his participation in criminal
law activities In favor of the more lucrative
civil processes. In some States the office of
sheriff was abolished.
DISASTROUS RESULTS
What were some of the results of these
events? In general, it can be said that po-
lice, prisons, and parole, and to some extent
probation became the football of politics,
unprofessional administration, and often
corrupt and venal practices. In a single
American city of approximately 750,000 in-
habitants recently, there were 10,000 illegal
arrests. Throughout the United States, the
proliferation and fragmentation of the po-
lice function in thousands of ineffectual
units due to political Influence have pro-
duced a situation in which 50 percent of the
people of the United States have little or no
effective police protection. The underworld
operates sometimes with police connivance
in every large American city and professional
"white collar" criminality almost completely
eludes law enforcement officials.
The abuse of prisons for private profit
until recently, and the corruption of the
offices of sheriff and wardens and their per-
sonnel as political plums and as centers for
political rings, hang like millstones around
the hopes of professional administration.
The granting of paroles by politically damt-
nated boards ignorant of professional pro-
cedures at best and corrupted by the outright
sale of pardons and paroles at worst, makes a
farce of justice.
The public documentation of these charges
is well known to every serious student of
crime control.
JUDICIAL EROSION
However, another and perhaps more subtle
weakness in the crime control process has
resulted from the gradual erosion of the
power and the influence of the judiciaryt
The courts, themselves, and indeed almos
the whole legal profession, have come to 1Y
lieve that the sole function of the judiciey
in Crime control is to hear the evlden
adjudicate the law, and sentence the '
fender. Before and beyond this, they hay
disclaimed all responsibility for the admin
istration of the criminal law.
One has only to suggest that members c
the bar should assume direction of polic
'Barnes and Teeters, op. cit., Sd ed. 1959
pp. 553-554.
"Ibid., pp. 417-426.
a Ibid., p. 213.
 Approved For Release 2004/05/05: CIA-RbP67B00446R000500280027-8
March 22, 1965 CONGRESSIONAL RECORD - HOUSE
(Mr. PATMAN (at the request of Mr.
WELTNER) was granted permission to ex-
tend his remarks at this point in the
RECORD and to include extraneous mat-
ter.)
[Mr. PATMAN'S remarks will appear
hereafter in the Appendix.]
EXCISE TAX ON USE OF TELEPHONE
(Mr. McGRATH (at the request of Mr.
WELTNER) was granted permission to ex-
tend his remarks at this point in the
RECORD and to Include extraneous mat-
ter.)
Mr. McGRATH. Mr. Speaker, New
Jersey's Second District, which I have
the honor to represent, is classified as
one of the most severely depressed dis-
tricts in the entire Nation. Despite this,
during 1964, residents of my district paid
approximately $2.4 million in telephone
excise taxes.
This excise tax on the use of the tele-
phone seems discriminatory from sev-
eral standpoints, In the first place, the
taxes were imposed in 1941 and, as a
temporary measure to help cover the cost
of our participation in the Korean police
action were increased In 1951. These
increases were extended in 1954 and
have been included in the annual exten-
sions since 1959.
I feel the Congress should abolish
these temporary taxes which were im-
posed long ago for a specific purpose.
Previous attempts to secure reform have
failed, but something should be done to
alleviate this unfair burden. This tax
hits hardest at the low-income citizen
who must pay the same tax rate as those
with greater ability to pay. The 10 per-
cent levy on communications is one of
the most unfair of these excise taxes.
Of the approximately $14.7 billion the
Federal Government expects to realize
from excise taxes during the current fis-
cal year, telephone and telegraph users
will contribute $1 billion. And since the
telephone and telegraph companies must
also pay Federal taxes and since some of
this must be absorbed by users of their
services, the American people are suffer-
ingdouble taxation as a result of this
excise tax.
Therefore, Mr. Speaker, today I am In-
trodueing a bill which would repeal the
excise tax on communications, and I
urge my colleagues to support this inr
portant measure.
TEMPORARY EMPLOYMENT OF
STUDENT rNTERNS
(Mr. BRADEIVIAS (at the request of
Mr. WELrNEn) was granted permission
to extend his remarks at this point in the
RECORD. and to Include extraneous mat-
ter.)
Mr. BRADEMAS. Mr. Speaker, I am
today introducing legislation which
would allow each Member of the House
of Representatives to employ a student
Intern during the academic vacation
period, from June 1 through August 31.
'No. 51-20
one additional person over a Member's trol the distribution of these weapons,
normal staff limit, . control is all but impossible. Even in
As one who has had summer student cities and local communities where the
interns on his staff in the past, I am need to control firearms is felt and strong
convinced of the Importance of giving in- firearms laws have been enacted calling
terested young men and women the op- for permits and even registration, local
portunity to view the legislative process authorities are helpless in controlling the
from the close-up perspective of a con- influx of weapons from other States or
gresslonal office. I might add that in my
experience summer Interns are able to
contribute effectively to the functioning
of a congressional office.
It is true, of course, that many offices
are not staffed to capacity and could hire
a summer intern if they wished. It is
also true, however, that many offices,
which are already fully staffed and would
like to have the services of a student in-
tern during the summer months, are un-
able to accept an intern because of the
staff limitation.
My proposal, which parallels one in-
troduced by my distinguished colleague,
the Honorable HOWARD ROBISON, of New
York, would permit such offices to make
use of the services of a student intern
while requiring no further appropriation
of funds. The intern would be paid out
of whatever funds were available from
the Member's regular salary allowance.
The success of the student intern pro-
grams In the past attests to the desirabil-
ity of encouraging college and university
students to spend a summer working on
Capitol Hill. I therefgre urge my col-
leagues to give Seri ouy coks$deration to
(Mr. FULTON of Tennessee (at the
request of Mr. WELTNER) was granted
permission to extend his remarks at this
point in the RECORD and to include ex-
traneous matter. )
Mr. FULTON of Tennessee. Mr.
Speaker, day after tragic day and hour
after fateful hour somewhere in this Na-
tion someone suffers because of the mis-
use of a firearm.
Our Washington newspapers and the
press reports from home carry, X11 too
frequently, stories initiated because
someone had misused a gun.
And yet the trafficking, Irresponsible
trafficking, in these deadly weapons con-
tinues unabated in the United States
while the elected officials Ignore public
sentiment for stricter control of these
instruments of crime and destruction,
Crime continues to flourish in this
great Nation of laws. The statistics
mount every year. Yet every year, de-
spite evidence of wide public support for
action by the Congress we do nothing
even from another country.
The major and most significant con-
tributor to this lack of control is the
absence of legislation to police the dis-
tribution of weapons through mail-or-
der gun firms.
On January 31, 1965, the Washington
Post carried the tragic story of a young
Baltimore youth who upon walking into
a local police station, announced that he
had just shot and killed his mother,
father, and 11-year-old sister. He then
handed a .38 caliber foreign revolver
and a pocket full of cartridges to the of-
ficer on duty. Where did this boy get
that gun? From a mail-order gun firm
In California. What right does anyone
have to sell a weapon to a 15-year-old
child?
Not too long ago, on December 29,
1964, three young Tennesseans were
picked up and found to be carrying a .45
caliber submachinegun with ammuni-
tion, and a .38 caliber pistol, One of
these men was 22, one 18, and the third
16. What earthly use does any person
of any age in this Nation today have for
a submachinegun? Fortunately, these
men were picked up before those weap-
ons could be used.
I could go on and on citing Instance
after instance where firearms in irre-
sponsible hands have led to heartache
and tragedy. The Washington Post car-
ries almost daily in its editorial and news
columns items pointing to the tragic
misuse of firearms. Mr. Alan Barth of
the Post's editorial staff is to be com-
mented for his excellent job of awaken-
ing the public conscience to this con-
stant menace.
Somewhere in this land today, perhaps
this very moment, a life will be taken or
a home destroyed because some Irre-
sponsible person has gotten hold of a gun
and misused it. If the Congress had
faced up to Its responsibility that person
might have been spared.
The bill which I introduced today is
designed to drastically curtail the traf-
ficking of firearms into the hands of the
irresponsible.
It is not a stringent bill. It in no way
interferes with any responsible person's
Constitutional rights, or anyone's Con-
It is estimated by Mr. Carl Bakal, stitutional rights for that matter.
writing in the December 1964 Harper's This bill would simply make it illegal
magazine, that more than 17,000 Amer- to ship firearms interstate to juveniles,
leans are firearms victims each year. persons under indictment or who have
This figure Includes more than half the been convicted of crimes punishable by
8,500 outright murders, at least half the imprisonment for a term exceeding 1
22,000 annual suicide victims, and about year or a person who is a fugitive from
2,000 accident victims, 25 percent of justice.
whom are 14 Years of age or younger. To secure a mail-order firearm, it
It is estimated that there are about would be necessary for a person to sub-
1,737,000 new firearms entering the civil- mit a sworn statement, attested by a
ian market annually In this Nation. notary public, to the effect that such per-
Despite two Federal laws designed to con- son Is 18 years of age or more, that he Is
Approved For.Release 2004/Q5105: CIA-RDP67B00446R000500280027-8
 Approved For Release 2004/05/05 blA-RDP67B00446R000500280027-8
'.6458 CO4ZGRESSIONAL RECORD- HOUSE
not prohibited by the Federal Firearms
Act from receiving a firearm In Interstate
or foreign commerce and that there are
,tto provisions of law, regulations, or ordi-
nances, applicable to the locality to
which the handgun or firearm will be
shipped, which would be violated by such
person's receipt or possession of the
handgun or firearm.
There is no registration requirement
in this bill. Nor is there anything in it
to prohibit a parent from giving his
child a firearm if he desired. What this
legislation is designed to do is to pre-
Vent the surreptitious possession of fire-
arms by juveniles and other irrespon-
sible persons.
I realize that this is not as strong a
bill as some would like. But it is a
reasoiable bill. As a law, this would
deny no one the right to possess a fire-
arm if he meets the minimal
responsi-bility requirements as outlined.
There is a mounting need in this Na-
tion for control of firearms trafficking.
There is sentiment, strong public senti-
%cut for control. The Congress has
been studying this problem for 4 years
send its studies affirm the need for control.
There is no reason for further delay.
Our duty is before us. The penalty for
further delay will be paid in the most
-priceless commodity In the world-hu-
man lives.
ILLUSTRATED CAPITOL MAGAZINE
lMr. HAYS (at the request of Mr.
WELTNEa) was granted permission to ex-
tend his remarks at this point in the
RECOan and to include extraneous mat-
ter.)
Mr. HAYS. Mr. Speaker, I have intro-
duced a concurrent resolution to author-
ize printing as a House document a re-
vised illustrated edition of the magazine-
'type publication called "The Capitol."
This measure is designed to supersede
all current proposals to reprint House
Document No. 394 of the 87th Congress
In order that the newly proposed publi-
cation may contain up-to-date informa-
tJon.
It is the purpose of the concurrent
resolution to permit each Member of the
House to receive 1,000 copies of this
magazine for such distribution as they
wish to make,
OMNIBUS CRIME BILL FOR
DISTRICT OF COLUMBIA
(Mr. RUOT (at the request of Mr.
WELTNER) was granted permission to
extend his remarks at this point in the
RECORD and to include extraneous mat-
ter.)
Mr. HUOT. Mr. Speaker, the House
is being asked to consider H.R. 5688, the
omnibus crime bill for the District of
Columbia. It is, I believe, ill-timed, Ill-
considered legislation. A brief history
of this bill should demonstrate why it
should not pass,
This bill is a rehash. of a series of crime
bills which have been before this House
in recent years. In the 88th Congress,
H.R. 7525, the predecessor to H.R. 946
passed the House and went on to the
Senate. The Senate District Committee
almost totally rejected the bill. It made
wholesale revisions to it. For example:
The Senate committee rejected title I as
being unable to withstand constitutional
attack since it failed to provide adequate
safeguards to protect accused individ-
:Ials from improper interrogation and
detention, There are many other ex-
amples where the Senate committee re-
jected totally or accepted only after
major revision, the House version. And
yet, the House District Committee has
chosen to ignore the Senate version. I
Co not urge for i minute that the House
most accede completely to the opinions
of the Senate committee. I do, how-
ever, strongly urge that when the two
Eames entertain such divergent points
o:i view this House should at least ex-
a:nine those areas of conflict. It is cer-
te.inly not asking too much to ask that
tie House District Committee hold full
and adequate hearings to determine the
value of the Senate version. But no, we
are going to be asked to consider a bill of
vial importance to the residents of the
District of Columbia without the ben-
efit of any hearings at all.
., urthermore, serious attacks have been
made upon the constitutionality of many
of this bills provisions by such respen-
sible groups as the Justice Department,
the District Commissioners, the council
on Law Enforcement, and the bar asso-
clafion. Yet the District committee has
chosen not to accept the counsel of these
disringuished groups and has chosen to
again report out this bill containing the
ver,v sections against which these groups
cautioned,
I believe it is of utmost importance
tha; this bill totally disregards the Presi-
dent's message to congress of February
15, 1965, in which he calls for "a fair
and effective system of law enforcement"
and "imaginative improvements in the
entire legal and social structure of our
criirlnal law and its administration,"
Furthermore, it takes no account of the
President's simultaneous statement that
he will "establish a commission which
will concern itself specifically with crime
and law enforcement in the District."
It is my understanding that recent ex-
perience has shown that many District
bills pass the House by default. It is
often difficult to muster sufficient Interest
to get Members to the floor for a meas-
ure which ostensibly has no effect upon
them in their home districts. This is not
true of the District crime bill. Other
juriscictions will look on. They will see
the Congress passing harsh, oppressive
legislation. They will be tempted to
consider It for themselves. Criminal
procedure must keep pace with modern
psychology and criminology. Constitu-
tional guarantees must be fortified not
weakened.
HALT THE CRIPPLING EFFECTS OF
INFLATION
The SPEAKER. Under previous order
of the House, the gentleman from Illinois
[Mr. DEawilvsxrl Is recognized for 15
minutes.
Mr. DERWINSKI. Mr. Speaker, our
attention has naturally been riveted to
the current problems in foreign affairs:
Vietnam, Cyprus, Congo, Malaysia, and
other unresolved world trouble spots.
On the domestic front the series of
events in Selma, Ala? have naturally been
under very close scrutiny by most of our
citizens.
During the past week the Chicago
Tribune has attempted to direct the at-
tention of its readers to the dangers of
Inflation. Specifically, these articles
present historical evidence as to the man-
ner in which Inflation depreciates our
money and erodes the savings, pensions,
and insurance of individuals.
In order to emphasize the tragic con-
sequences of inflation vividly seen in eco-
nomic history, the Tribune produced five
articles which I place in the REeoan at
this point as an extension of my remarks.
]From the Chicago (Ill.) Tribune, Mar. 14.
1965]
REMINDERS OF INFLATION-I: FRANCE, 1790-96
It Is easy to forget the perils of inflation
when things seem to be going smoothly and
when the Government keeps assuring us
there Is nothing to worry about.
But the mounting alarm of economists
and bankers (even chairman Martin of the
Federal Reserve Board fears we are on the
brink of a new inflation) should alert us
to the havoc that inflation can cause-and
has caused in one country after another. We
musn't become so anesthetized by the prom-
ises of a Government-financed utopia as to
forget that other countries have tumbled
over the brink In pursuit of the same en-
ticing goal. And the Government's 1ne-
chanteal assurances should remind us of
similar assurances Which have been given
so often before, and have proved false.
They should remind us that In 1790, on
the eve of the great classic example of in-
flation, members of the revolutionary French
National Assembly welcomed the proposal to
restore prosperity by issuing paper money,
called "assignats," backed by the land which
had been seized from the church. It was
hailed as "the only means to insure hap-
piness, glory, and liberty to the French
nation."
"We are told," the respected nobleman,
Mirabeau, informed the assembly, "that
paper money will become superabundant.
Of what paper do you speak? If of a paper
without a solid base, undoubtedly; if at
one based on the firm foundation of landed
property, never."
Of course Mirabeau knew better; barely a
year earlier he had denounced paper money
as "a nursery of tyranny, corruption, and
delusion." But France faced a financial
crisis, and in time of crisis even intelligent
men sometimes grasp for the most conven-
ient straws,
The tragedy of the assignats is well known.
At first, the issue was limited to 400 million
livres, and was used to pay pressing gov-
ernment obligations. The assignats could
be used to buy the church land, in which
event they were to be retired from circula-
tion, or they could continue in circulation as
tong as land was available as security.
But as the land was sold, the Govern-
ment failed to destroy the money. It spent
it over again and as still more money wes
needed to prepare for war and to keep the
people content, it printed new assignats.
Prices rose dally. When Queen Marie An-
toinette was told the people couldn't afford
bread, she is said to have suggested they eat
cake, Instead of pacifying the people, the
outpouring of Designers angered them. Mod-
erate leaders were replaced by radicals; the
royal family was guillotined, and the assig-
nats were pumped out faster than ever.
Soon the peasants refused to accept paper
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
 Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
March 22, 1965 CONGRESSIONAL RECORD= SENATE
The role of the foundations is also no- fees." It regards this Be another pressure to tern for aid programs, price support, and
Counted for in this wide-ranging resume of force the artist to provide a partial subsidy other assistance, the artists who feed its
"problems and prospects" It recognizes for the general cultural and intellectual de- mind and spirit are entitled to something
that it has been the traditional role of foun- velopment of the Nation. more than no concern at all, In a recent
datlons to "support research and training In its effort to survey the wide spectrum speech to the National Industrial Confer.
rather than performance." but, it says, the of activity that comes within the community ence Board, President Lyndon B. Johnson
"very essence of the performing arts requires of performing arts, the report look, also at said, "I am able to tell you that the Tress-
that they be viewed in another framework organizational and managerial problems (a ury " * * will shortly make public changes
* * ". A play, a piece of music, or the out- director, it suggests, should be auditioned as in the depreciation procedure which will
line of a ballet has only a partial existence carefully as a second violinist), at the rela- a11ow, business to receive this year about $700
on paper, Performance before a live audience - tionshlp of the colleges and universities to million of benefits * * ." It would take
is itself part of the process of realizing a the artist and his well-being, at the develop- less than 10 percent of that to set up the
work of art. This unique characteristic of ment of a broader, more responsive audience, whole interim establishment for the per-
the performing arts Is not widely understood and even at the training of critics. farming arts atA the Rockefeller report
as yet by philanthropic sources." It stresses, As befits its billing as "a challenge, not an recommD ds, I U
foundations that address themselves to prob- arts but does not venture into prophecy, It 1 E',(JIR.MS LEGISLATION
isms on a broader front. Credit, too, is as- might, however, have probed a little deeper r DODD. Mr. President, later to-
n into the responsibilities of labor In the rela-
iti
h
S
as
es (suc
a
signed to those commun
Francisco, Salt Lake City, Philadelphia, and tionshlp of management and performer, since day I shall introduce two firearms bills
Los Angeles) that have made a start on aa- it aligns itself with the view that union Which Constitute a major implementa-
sistance to the performing arts In their own members form the core of the performing tion of the war President Johnson has
localities, and to such a venture as the New arts, and that they are among those who declared on our exploding crime problem.
York State Council on the Arts. But it is should not be required to subsidize such I think it is appropriate to point up
generally recognized that these are at best activity. But in a general discussion of this occasion by inserting in the RECORD
limited and peripheral. problems and techniques of negotiation, it radio editorial b Edward P. Morgan On
As parent to the whole body politic, the does not deal with the increasing tendency of a by
Federal Government remains the last, if not labor personnel (musicians, that is) to die- the President's crime message.
the best, hope of those who see problems regard the recommendations of their own Mr. Morgan is a broadcaster of wide
Multiplying more rapidly than the prospects elected officials. Nor is there adequate dis- experience and high reputation. I am
of resolving them. It is still a fact, as the eusslon of the extent to which conditions of confident that his comments put Into
report records, that "the support and atten- work demanded as a quid pro quo for a con- proper focus for many Americans the
tion the Federal Government has given to tract affect the quality of the result. concrete and immediate recommenda-
the performing arts-and, for that matter, On the aggravating question of the profits, tions and the long-range possibilities for
the arts in general-has been largely inci- by commercial television and radio, from the contained in the
are that
dental to some other purpose." This even Use of airwaves-which "belong to the pub- reducing President's crime
message.
Includes the $25,000 voted by Congress last lie"-and their possible utilization for the
August for the National Symphony Orches- support of the performing arts, the report Not only do we have to stop the il-
tra (a local problem, since it is based in the terms it a "complex matter" that is not. licit traffic in guns and drugs. We have
District of Columbia, which is a congres- "within the purview of this study" and one to go into the deeper and more Intangible
sional concern), as well as the $15,500,000 on which "this panel has not taken a post- aspects of the crime problem, to find out
Voted to constitute the National Cultural tion." It presents both points of view men- ,Who is a Criminal and why?" as Mr.
Center as a memorial to the late President tioning the possibility of a tax on the gross Morgan puts it.
John F. Kennedy. national income of the industry (estimated I share his hope that the commission
But the Federal Government cannot be at over $2 billion a year) or a levy on the sales
immune to the existence of a strong commit- of radio and television stations, which "over the President will appoint will come up
ment to the performing arts on the part the past 10 years, have amounted to about With a "penetrating analysis of the ori-
of an influential if proportionately small $1.06 billion." It also states the countercon- gins and nature of crime In the United
element of the public, any more than it tention of the Industry that "they probably States."
can ignore wildlife or philately. Urban re- contribute as much, If not more, to the per- I commend this editorial to my col-
-newel has contributed Indirectly but influ- forming arts than they receive," through em- leagues' attention and ask unanimous
entially to the creation of a great center in ployment opportunities, development of au- consent to have it printed at this point in
New York and other facilities In Washington, diences, and public service programs. The the RECORD.
Baltimore, Asheville, N.C., Chicago, Pitts- hollow sound of this assertion has Its echo
burgh, Milwaukee, and elsewhere. The cul- In the admonition that "the commercial tale- There being no objection, the editorial
tural exchange program has Involved the vision industry has a definite responsibility to was ordered to be printed in the RECORD,
State Department with almost every aspect Improve its methods of presentation and pro- as follows:
of the performing arts, except the problem graining in the performing arts." EDWARD P. MoxoAN AND ME Naws
of what to do if the organizations to perform To deal with every point raised, every area President Johnson makes it obvious that
them didn't exist. Investigated, would take a report as long Be he is aware of the fact that no Great Society
Recognizing the problems that Impend be- the report itself. In the aggregate, It serves can be sustained without great reforms. His
fore a program of direct financial assistance more than usefully to hack out some of the messages to Congress on conservation, on
from the Federal Treasury can be created underbrush that clutters the terrain, en- cities, on schools and other major aspects of
for the performing arts, the report noverthe- abling those who are so disposed to see Cr- American life calling for attention have all
less offers some productive lines of proce- aetly what the problems Of growth arc. It has stressed not just the need for tax dollars to
dure short of the ultimate commitment. It assembled some pertinent statistics and put need for re-
remarks, for example, on the 10 percent Fed- the problems of the performing arts in a rec- support search, the new urgency progratom, but break the he need
molds
era] tax levied on musical instruments, the ognizable perspective against the problems of and processes to find new and better ways
tools of the musician's trade. It takes note other nonprofit institutions, It has given of doing things, There was a similar empha-
oY the load upon the commercial theater prominence to some urgent needs that might sis in his message yesterday on crime but it
(which does not otherwise receive much of be considered by the newly appointed Presi- will have to be Sustained and sharpened in
its attention) created by the 10-percent dential panel headed by Roger L. Stevens. the areas of crime prevention and penal re-
admission tax. Its major recommendation for Federal as- forms before any real headway can be made
It also takes exception, and validly, to the sistance-"the present Federal aid for arts against one of society's oldest afflictions.
burdens Imposed by omission rather than organizations " * * can be most effectively The fact that the bid to end the unsup-
commission. These include the oversight providing through matching grants to meet portable mail-order traffic In guns has now
(the word 1s mine) by which the jukebox the capital needs of arts organizations"-is been made for the first time on the Presi-
industry is permitted to operate without pay- at least debatable. This would do nothing dentlai level should Insure passage of the
ment for the use of music, or any respon- to answer the contention that artists "Should modest legislation proposed by Senator
tibility beyond the cost of a record. Says - not be required to subsidize the arts" and TaoMAS Dann, of Connecticut, for that pur-
the report: "It is estimated that the gross substitute a more splendid misery (to use pose. Hopefully, despite the cries of the
Income from approximately half a million Jefferson's phrase about the Presidency) for firearms lobby, it may encourage individual
jukeboxes Is close to half a billion dollars a the less splendid misery to which it directs States to fortify that measure with the ob-
rear. If the jukebox industry were subjected proper attention. jective not only of reducing crimes of vie-
tio royalty payments for playing copyrighted In a time when the Federal administration lence and hunting accidents but of checking
Iblusie, the mnslcal arts Be a whole could be has elected to affiliate itself with the concept the growth of such potentially sinister vigi-
jlven'a'duhstantial lift" It also suggests of a Great Society, It should be possible to lante outfits as the Minutemen whose mem-
that there "seems no reason why (educa- push for something more than a housing bars are armed against what they call the
'tlonal-televislon) should receive blanket ex- program for the arts. If farmers, who feed internal threat of communism. The. 50
emption from the payment of reasonable the body of the Nation, are a primary can. States, says a sensible New York Times cut-
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8
 Approved For Releasse 2004/05/05: CIA-RQP671100446R0005d0280027-8
5340 CONIIRESSIONAL RECORD - SENATE March 22, 1965
torial, should not only bring rifles and shot-
guns under licensing controls but ban the
sale of pistols and revolvers.
But there are deeper problems. Who is
a criminal and why? There have been
countless studies of the question. Some re-
forms have ensued but the harsh fact is that
the Nation's crime rate has doubled in 25
years. Now the President proposes a sweep-
ing but penetrating analysis of the origins
and nature of crime in the United States.
This could be just another survey, published
and stacked away to collect dust. Or it
could be something verging on the revolu-
tionary. Said the President: "We cannot
tolerate an endless, self-defeating cycle of
imprisonment, release, and reimprisonment
which fails to alter undesirable attitudes and
behavior. We must find ways to help the
first offender and avoid a continuing career
of crime."
One of the manuals the proposed Presiden-
tiM law enforcement commission could well
use Is a little book published just last week,
entitled "Behind Bars." It describes what
Chaplain Julius A. Leibert saw in Alcatraz
and California's Polsom and San Quentin
prisons. With understandable anger, Rabbi
Leibert discovered that on the whole, prison
authorities expected a chaplain to "stick to
the spiritual." Men of God, presumably,
were to make their rounds without any
earthly reactions to the waste and cruel in-
justices of prison life. Despairing of getting
any attention through channels for his alarm
over the failure of the parole system to re-
habilitate criminals the rabbi finally wrote
a letter to the San Francisco Chronicle sug-
gesting a halfway point between prison and
freedom where those eligible could adjust to
their return to civilian life. The letter drew
wide attention-and a round reprimand from
the warden of San Quentin for violating in-
stitution redtape.
Chaplain Liebert is guilty. of the human
approach. He looked at the prisoners. "They
were fellow human beings," he writes, "who
for one reason or another had gotten in
wrong. A man is born into a world he did
not create, of parents he did not choose, in-
heriting traits about which he had nothing
to say. Is he the chooser of his fate? The
men here were murderers, rapists, robbers,
perverts--cons, I walked among them and
I thought " There but for the grace of God
911.111
"Prison punishment," the rabbi concludes
flatly, "has no remedial value." He would
not let a killer go free but he sees utterly
no sense or justice in a system in which
'a youngster who starts as a delinquent gets
a complete course in crime In prison instead
of having some of his usefulness as a citi-
zen salvaged. One of his Ideas would he to
have ex-convicts treated in convalescent
homes, created on a national scale, "treated
not punitively but psychiatrically, with com-
passion, with consideration, and with all the
skill we have acquired for the reeducation
and reconditioning of human misfits."
Crime in this country is becoming entirely
too visible. One of the troubles with the
prison system is that, like poverty, it is not
visible enough. Hopefully, the President's
Commission will bring home to the public
the need for more form. It would be a crime
not to.
This is Edward P. Morgan saying good
night from Washington.
SEVEN HUNDREDTH'. ANNIVERSARY
OF BIRTH OF DANTE
Mr. DODD. Mr. President, I have
noted with great Interest that many of
our fine Italian-American organiza-
tions are making special plans this year
to honor the 100th anniversary of the
birth of the great scholar Dante.
All Americans might well join with
their friends and associates of Italian
descent, to pay honor to one of the
world's foremost citizens, a man who
t:iought and acted centuries in advance
o! most of his contemporaries.
Dante Alighieri was a truly aston-
ishing man. In a relatively short life-
ha died at the age of 56-he mastered
many fields of knowledge and action.
He was not just a poet even though
tY ese works made him one of the great-
est poets in history, His contributions
to the medieval and modern Civilizations
encompass the fields of art, music, sci-
ence, philosophy, and psychology as well.
In addition to these great gifts to man-
ki:;d, Dante was one of the foremost
statesmen of his time. His thoughts and
writings on government are just as ap-
plicable and meaningful today as they
were seven centuries ago.
l: congratulate our loyal citizens of
Italian parentage who are this year snak-
ing an extra effort to call to everyone's
attention the many great contributions
which Dante has made to mankind.
I hope that our schools and colleges
wil also try to join In the celebration
of ;his 700th anniversary, so as to help
bring to the youth of America better un-
derstanding and appreciation of the im-
mortal Dante Alighieri.
PROPOSAL FOR APPOINTMENT OF
CUSTOMS COLLECTORS IN AC-
CORDANCE WITH CIVIL SERVICE
LAWS
Mrs. SMITH. Mr. President, I am
pleased to learn of the President's pro-
posal that the appointment of customs
collectors be taken out of politics and
placed under civil service.
I advocated this as far back as 9 years
ago .n May 1956, when I introduced S.
3823, which proposed taking the appoint-
ment of customs collectors out of politics
and :!squiring that they be appointed in
accordance with civil service laws.
Unfortunately, my bill didn't get any-
where in the Senate at that time when
the President was the majority leader of
the Eenate. That was during the time
that a Republican President was making
the appointments of customs collectors.
I aim not unaware that, under the cur-
rent 7roposal of the President, Demo-
cratic-appointed customs collectors
would be frozen into their positions and
that such a gain for Republican-
appointed customs collectors would have
been possible 9 years ago under my bill
at that time.
But this comparative potential gain for
the Democrats is not to be begruded to
the po-nt of President Johnson's proposal
being blocked by the Senate. I truly hope
that the Senate this year will permit the
President's proposal to go into effect as
contrasted to the failure of the Senate 9
years ago to take any action on the same
proposal incorporated in my then bill
S. 3823.
the Wall Street Journal of Monday,
March 22, 1965--entitled "An Immoral
Law," pertaining to the pending voting
bill, S. 1564, together with a copy of my
telegram of today, to the editor of the
Wall Street Journal, suggesting an ap-
propriate postscript.
There being no objection, the editorial
and the telegram were ordered to be
printed in the RECORD, as follows:
!From the wall Street journal, Mar. 22, 19657
AN IMMORAL LAW
When President Johnson last Monday
asked Congress for a new law to safeguard
the voting rights of Negro citizens be rested
his case on the Constitution and on a basic
principle of morality.
What he has now proposed that the Con-
gress do is enact a law which Would violate
that Constitution be asks us not to flout and,
more, which is itself Immoral.
If you think not so, consider:
The administration bill offers a formula-
a complicated one, which we will come to in
a moment-to prohibit certain States, from
using any test of a citizen's ability to read
and write our language as a qualification for
voting.
The argument for doing this is the 15th
amendment to the Constitution which pro-
vides, clearly enough, that neither the Fed-
eral Government nor any State shall deprive
a citizen of his vote on account of his race
or color.
But the proposed bill does not stop with
providing means against the violation of tile
15th amendment. It does not aim at insur-
ing that any such State literacy test shall be
fairly drawn and impartially administered an
that it may not be used as an excuse to de-
prive anyone of his vote on account of his
race.
The effect-and indeed the purpose-
would be to abolish such tests entirely In the
affected States. And that flies squarely in
the face of this selfsame Constitution which
the President professes to uphold.
The very first article of that Constitution
authorizes the individual States to decide the
qualifications of voters In both Federal and
State elections, subject only to the proviso
that whoever is deemed qualified to vote for
the most numerous branch of the State leg-
islature is automatically qualified to vote in
Federal elections.
Making this a State function was no casual
decision. it was reaffirmed in identical lan-
guage in the 17th amendment-adopted, in-
cidentally, more than 4D years after the 15th
amendment, which provided that all such
qualifications should be impartially applied
among all citizens.
This principle in the Constitution has been
repeatedly upheld and affirmed by the U.S.
Supreme Court, not merely in dusty antiq-
uity but as recently as 1957 by judges pres-
ently sitting upon that bench.
Now we are well aware that there are a
good many people, and perhaps the President
is included, who oppose any literacy require-
ment. They say that a man's illiteracy I.
irrelevant to the question of having his
judgment counted in public affairs. No
man can quarrel with the right of such
people to argue their case and, if persuasive,
to alter the Constitution so as to prohibit
them.
But the requirement that voters be able
to read and write is by no means restricted
to those Southern States now the object of
this special legislation. Many others-in-
cluding New York State-requires that qualt-
itcation, as the Constitution entitles them to
do.
If it is immoral, as the President says, to
deprive a qualified citizen of his right to
vote "under color of a literacy test," is it
moral to violate one part of the Constitution
TEE VOTING RIGHTS BILL
Mr..IOBERTSON. Mr. President, I
ask unanimous consent to have printed
in tine l%ECOab a notable editorial--froin
Approved For Release 2004/05/05: CIA-RDP67B00446R000500280027-8