EFFECTIVE FEDERAL FIREARMS LEGISLATION--ADDRESS BY SENATOR TYDINGS AT THE CONVENTION OF THE AMERICAN BAR ASSOCIATION

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August 19, 1965
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App oved For9Fkelease 2004/05/05?CIA-RDP69BOU446R000500286b95=1TE 20383 METCALF; S. 1362 by Senator CARL CURTIS; Administration be printed at this point proposed to amend the Federal Firearms S. 1947 by Senator RALPH YARBOROUGH; in the RECORD. Act. and S. 2015 by Senator MILTON YOUNG. There being no objection, the sketch That resolution adopted by a vote of The hearings will be held in room 3302 was ordered to be printed in the RECORD, 184 to 26 was recommended to the bar by of the New Senate Office Building on as follows: their section on criminal law and thus Thursday, August 26, 1965. I am making J. CORDELL MOORE I request their their report be included this announcement and wish to take this J. Cordell Moore, of Washington, D.C., was following the resolution, opportunity to invite the sponsors of the appointed Administrator of the Department I commend the American Bar Asso- bills to appear and testify in behalf of of the Interior's Oil Import Administration, ciation for its forthright action and I am these measures. on August 18, 1961. confident that its endorsement will be Anyone desiring to testify on any or Prior to his appointment, Mr. Moore, a a significant factor in moving S. 1592 all of these bills, should notify Mr . career employee of the Department, had been through Congress for enactment into through Glenn K Ahrinar Of khe nnm,nfHno w Director of the Division of Security, Ofsce of Operations.. CONCERNING NOMINA- TIONS,BEFORE COMMITTEE ON THE JUDICIARY Mr. EASTLAND. Mr. President, the following nominations have been refer- red to and are nowpending before-the Committee on the Judiciary: Orville H. Trotter, of Michigan, to be U.S. marshal, eastern district of Michigan, term of 4 years (reappointment). Richard P. Stein, of Indiana, to be U.S. attorney, southern district of Indiana, term of 4 years (reappointment). On behalf of the. Committee on the Judiciary, notice is hereby given to all persons Interested in these nominations to file with the Committee, in writing, on or before Thursday, August 26, 1065, any representations or objections they may wish to present concerning the above nominations, with a further statement whether it is their intention to appear at any hearing which may be scheduled. HEARINGS ON NOMINATION FOR ASSISTANT SECRETARY OF IN- Mr. JACKSON. Mr, President, for the Information of the Senate, I wish to an- nounce that the Committee on Interior and Insular Affairs will hold a public hearing next Monday, August 23, on the nomination by President Johnson of J. Cordell Moore, of Illinois, to be Assistant Secretary of the Interior for Mineral Re- sources. The hearing will be at -2 o'clock In the committee hearing room, 3110 New Senate Office Building. Mr. Moore has served as Administrator of the Oil Import Administration under Secretary Udall in the Department of the Interior for the past 4 years. Prior to this post, he had been Director, of Se- curity and Moblization Activities in the Interior Department. He holds the rank of Captain in the Naval Reserve, serving in North Africa during the war, The development of our mineral re- sources In the United States is a matter of deep Interest and concern to all Mem- bers of the Congress and, indeed, to all Americans. I am pleased that the In- terior Committee is taking speedy action en,the President's nomination to fill this Important post, from which John M. Kel- Iy, of New Mexico, recently resigned. I ask unanimous Consent, Mr. Presi- dent, that a biographical sketch of Mr. Moore. prepared at the time of his ap- pointment as head of the Oil import tor of Defense Mobilization Activities of the Department. Mr. Moore succeeded Lawrence J. O'Connor, Jr., who was appointed to the Federal Power Commission In 1961. As Oil Import Admin- istrator, Mr. Moore is responsible for the administration of the mandatory oil Import program. From 1942 until 1946, he served on active duty in the Navy. Since returning to inactive duty he has been active in Reserve activities involving petroleum. He currently holds the rank of captain in the U.S. Naval Reserve. Born In Winchester, Ill., on July 20, 1912, he attended public schools there. He was graduated from Illinois College in 1936 with a bachelor of arts degree, received his LL.B. degree from Georgetown University and did graduate work in geology at American Uni- versity. He is a member of the Tennessee and Federal Bar Associations. Prior to his appointment as Director of the Division of Security in 1952, he served 2 years as Assistant Director of the Department's Division of Property Management. In the immediate post war period, Mr. Moore was Executive Director, Office of the Foreign Liquidation Commissioner (OFLC) for Latin America with headquarters in Panama. This agency was responsible for the disposal of all surplus U.S. property through- out South and Central America. His other Government service, from 1936 to 1959, included the Department's National Park Service, the office of Congressman James N. Barnes, of Illinois, the Reconstruc- tion Finance Corporation, the Office of Allen Property, and the Department of Justice. ADDRESSES, EDITORIALS, ARTI- CLES, ETC., PRINTED IN THE APPENDIX On request, and by unanimous consent, addresses, editorials, articles, etc., were ordered to be printed in the Appendix, as follows: By Mr. HARTICE: Editorial entitled "Vietnam and Our Highway Slaughter," published in the Berne (Ind.) Witness. By Mr. FULBRIGHT: Article entitled "Education: Investment in Human Capital," published in the August 1965, issue of the Monthly Economic Letter of the First National City Bank of New York. EFFECTIVE FEDERAL FIREARMS LEGISLATION--~Ap RESS BY SEN- ATOR TYDING'9-AT THE CONVEN- TION OF THE AMERICAN BAR AS- SOCIATION Mr. DODD. Mr. President, I ask unanimous consent to have printed in the RECORD a resolution adopted by the House of Delegates of the American Bar Association on August 10 favoring enact- ment of S. 1592, the bill which 1-have W I believe that its deliberative action recognized the constitutional rights of the individual, and the rights guaranteed to business and industry in the normal conduct of their affairs. It is readily apparent that the bar has carefully weighed the effect which S. 1592 would have in curtailing the indis- criminate misuse of firearms against the minor inconvenience which it would cause the far more numerous law abid- ing citizens in the purchase of firearms. This resolution and report is in the public interest, and I mean by that, the best interest of the American people. There being no objection, the resolu- tion ordered to be printed in the RECORD, as follows: AMERICAN BAR ASSOCIATION SECTION OF CRIMINAL LAW RECOMMENDATION Be it resolved, That the American Bar As- sociation support the enactment of S. 1592. 89th Congress, a bill to amend the Federal Firearms Act, or similar Federal legislation. Be it further resolved, That the section of criminal law be authorized to present the views of the American Bar Association on such legislation to the appropriate Commit- tees of Congress. REPORT Federal action directed at the control of firearms originated, for modern purposes of criminal control, in the National Firearm Act of June 26, 1934, which is now set out in sections 5801-62 of the Internal Revenue Code of 1954. This act, passed in reaction to the gang wars of the prohibition era and the post-prohibition crime waves, was directed at preventing criminals from obtaining fire- arms, such as machine guns, cane guns, sawed-off shotguns, silencers and similar Weapons, which were particularly suitable for criminal use. The act provides for special licensing taxes on importers, manufacturers, dealers and pawnbrokers dealing in such arms, imposes heavy transfer taxes on the transfer of such arms, requires the registra- tion of such arms upon transfer and the reg- istration of persons possessing such arms. Although written as a revenue measure, it was clearly intended to control the criminal commerce in firearms of a criminal character and provided penalties of up to 5 years' im- prisonment. The Federal Firearms Act of June 30, 1938, 15 U.S.C., sections 901-09, was designed to suppress crime by regulating the traffic In firearms and ammunition, and applied to all firearms. Its legislative history shows par- ticular concern with "roaming racketeers and predatory criminals who know no State lines-a situation beyond the power of con- trol by local authorities to such an extent as to constitute a national menace." United States V. Platt, 31 F. Supp. 788, 790 (S.D. Tex. 1940); see hearings on DR. 9666 before House Committee on Ways and Means, 73d Cong., 2d sess. (1934). The act requires a dealer to obtain a Federal dealer's license by filing an application with the Internal Approved For (Release 2004/05/05: CIA-RDP67B00446R000500280015-1 2QMbved For Release 2004/ IO S'OSTi~' ? 7T3A4 OSOS 9 -1 August 19, 1965 Revenue Service and paying a fee of $1. However, because of the simplicity of this requirement and of the other record-keeping required by the law, this act has been called a "mail-order operation" in itself. Hearings before the Subcommittee To Investigate Juvenile Delinquency of the Senate Com- mittee on the Judiciary, 88th Cong., 1st Bess., pt. 14, at 8209 (19631. The assassination of President John F. Kennedy on November 22, 1963, with a rifle reported to have been purchased by the ac- cused assassin through the mails, brought public and congressional scrutiny to bear on the availability of firearms in the United States through mail orders and other un- controlled channels of distribution. How- ever, consideration of this problem had preceded that tragic event; concern with juvenile crime in which the use of mail- order weapons was an increasing factor led to hearings by the Subcommittee to Investi- gate Juvenile Delinquency of the Senate Committee on the Judiciary during early 1963, and legislation directed at the types of weapons and by juvenile criminals was in- troducedin August 1963 by Chairman Dono and other members of the subcommittee. The assassination brought the introduction of numerous other bills, the expansion of the Dodd bill, and greater concern about this problem, S. 1976, 88th Cong., 1st sess., was Intro- duced on August 2, 1963, by Senator DODD for himself and other members of the juve- nile delinquency subcommittee, but this proposal was not enacted. Other legislation proposing varying techniques for controlling the interstate shipment of firearms was in- troduced in the House of Representatives and in the Senate. In addition, resolutions were Introduced in the House of Representatives authorizing an investigation of the sale of firearms in interstate and foreign commerce. On March 22, 1965, Senator DODD Intro- duced S. 1592,, a bill to amend the Federal Firearms Act. A copy of this bill is attached. Basically, the proposed legislation is designed to accomplish the following: First. It would prohibit the shipment Of firearms in interstate commerce, except be- tween federally licensed manufacturers, dealers, and importers. This provision would have the effect of prohibiting the so-called mail-order traffic in firearms to unlicensed persons. It would leave to each State the responsibility and authority for controlling the sale and disposition of firearms within its borders. There are several Important exceptions to this general prohibition against Interstate shipment. Sportsmen could con- tinue to take their shotguns or rifles across State lines.' Pistols could be carried in inter- state commerce but only for a lawful pur- pose and only in conformity with State laws. Further, firearms could be shipped to a licensee for service and return to the sender. However, a nonlicensee could no longer buy weapons from out-of-State mail-order deal- ers. Sales would be Made by retail dealers and would thus be subject to recordkeeping --.... -.........a.. mheen nvAe u,ld the. selves to the question of permits to possess urging a barrage of mail to Senators and or to use firearms, leaving It to the States Congressmen. and local communities to decide what they "There Is no question that the views of the need and want in that regard. Thus, for NRA should be heard and given full weight. example, while the bill limits the sale of There is no question that so many people shotguns and rifles to persons who are at with an interest in gun legislation should least 30 years of age, It does not preclude have every opportunity to express It. But such parsons from using guns if such use those views, also, need to be evaluated, and is permitted by State or local law. thus I would like now to turn to analysis of Third. The bill Would raise the annual the opposition arguments. license fees for it dealer from the present "It has been suggested, for example, by token of $1 to $100. It would also estab- Franklin Orth, executive vice president of lish a Scene fee of $250 for a pawnbroker the NRA, that S. 1592 gives the Secretary of who deals in firearms. Specific standards the Treasury unlimited power to surround are estrblished under which an application all sales of guns by dealers with arbitrary for a license shall be disapproved after hotice and burdensome regulations and restrictions. and opportunity for a hearing. The purpose "I fear this is an exaggeration flowing from of this provision of the proposed legislation the heat of opposition. The Secretary's reg- 1s to limit the issuance of licenses to bona ulations must be reasonable, I should think fide dialers. Under existing law, anyone that the reasonableness of the regulations other than a felon can, upon the mere alle- promulgated by the Secretary of the Treas- gation that he is a dealer and the payment ury under the existing provisions of the Fed- Of It fee of $1, demand and obtain a license. eral Firearms Act would contradict the According to the Secretary of the Treasury, assumption of burdensome regulations. some fifty or sixty thousand people have done "Further, the Administrative Procedure this, some of them merely to put themselves Act ;ssures all interested parties of an op- in a position to obtain personal guns at portunity to be heard before the issuance of Wholesale. There would be nothing to pre- substantive rules and regulations. The NRA vent them from obtaining licenses in order and other gun Interests have, in the past, to eh'p or receive concealable weapons taken full advantage of this opportunity through the mails, or to circumvent State and clearly could do so in the future. And or local requirements. still further, the regulations are subject to FouIth. The bill would permit the Sec- review and reversal by the courts and by Con- retaryof the Treasury to curb the flow into gress should they be felt arbitrary and ca- the United States of surplus military weap- pricious. ons aid other firearms not suitable for "It has also been suggested that S. 1592 sporting purposes. However, weapons im- requires anyone engaged in the manufacture ported for science, research, or military train- of ammunition to pay $1,000 for a manufac- Ing, or as antiques and curios, could be turer's license. The bill does not do so. It allowef. does not cover shotgun ammunition at all, Fifth. The importation and interstate and the license fee for manufacturers of shipment of large caliber weapons, such as other types of ammunition is $500, bazooi:as and antitank guns, and other "It is true that anyone selling rifle ammu- destructive devices would be brought under nition, even .22 caliber, would be compelled effective Federal control. to have a $100 dealer license. Why shouldn't The Subcommittee to Investigate Juvenile he? Heis dealing in ammunition for a lethal Delinquency of the Senate Judiciary Coal- weapon. The many dealers in ammunition mittee has been holding hearings on S. 1592. who also sell firearms would not, however, Comm-ncing shortly after the introduction be required to pay an additional ammunition of this legislation. The testimony of fee. Nor Is there anything in the legisla- nesseel appearing before the subcommittee has fenerally favored enactment of the legislation, particularly the testimony of wit- nesses who are concerned with any facet of law e'.rforcement. The principal objections to the legislation seemed to stem from the National Rifle Association and its members. The position of the NRA Was commented tion that would, as has been stated, require a club engaged in reloading for its members to obtain a manufacturer's license. "A further specific objection raised against this measure is that it would forbid a dealer to sell to a nonresident of his State. The objection is stated in a misleading way. The i,n, dues forbid such sales of handguns, but s ecs call p ` statement to the subcommittee on May 19, 1965, excerpts of which appear below: shotguns most commonly used by sportsmen and least commonly used by criminals. "This measure is not Intended to curtail grounds ---- that the ownership of guns among those legally all mail-order hi all ale measure would prduan of ra s to Individuals. entitled to own them. It is not intended to While this is is an accurate te description n of of the ho deprive people of guns used either for sport measure with respect to Interstate and for- or for self-protection. It is not intended to sign commerce, the bill would not foreclose force regulation on unwilling States. now allowable shipments within a State. "TYe purpose of this measure is simple: Any control of such commerce is left to the it 1s merely to help the States protect them- States. selves against the unchecked flood of mnil- "One last comment on the specific NRA order weapons to residents whose purposes nhreetfnns as expressed in the letter sent to have new meaning; they would not be mign; not be responsible ur ere? lawful, o. ite- membership. The letter described this rendered futile by an unrecorded flow of 1592 would provide such assistance to the ex- one which conceivably es ribed lead mail-order guns. tent that the States and the people of the measure as elimination of 'con privbly ownership Second. Licensed retail dealers would be Staten want it. required to limit sales of handguns to resi- ?' ? ~? ? , of all guns.' I am compelled to say that this older; is not conceivable dents of their State who are 21 years of age "There demonstrable - need for regulation there Is only one word which can serve Interstate meililor a sale of guns. that in reply to such a fear-preposterous. in any they would be prohibited from sae sr a of any firearm to a person under the age This bill l Is a response to that ett. It was ? ? c of 18. In accordance With oe be tio from drafted; it 1c receiving g detailed at- - illy prescribed by the he Secretary r e Treasury, tten te"Bu fromm this subcommittee. "More generally, I really cannot under- licensed dealers would ould be required the to ricer- "But nevertheless, S. 1592 now has itself stand why y the legislation on we are talking tain the identity and place of residence of a become a target for the verbal fire of the about should seem a threat at all to sports- purchaser. Further, it would be unlawful Naticnai Rifle Association and others who men, hunters, farmers, and others who have a for a dealer to sell a firearm to any person represent hunters and sporting shooters. productive or necessary or enjoyable interest when he knows or has reasonable cause to Then: opponents feel their views most deeply, in the use of rifles, shotguns or sporting believe that such person is under Indictment as is evident from the bitterness and volume hand guns. Nothing that we propose here for or has been convicted of a felony, or is a of tl'eir opposition. It is no secret to any could intelligently be construed as impair- fugitive from justice. These provisions of Member of Congress that the NRA sent out a ing the enjoyment, they derive from shoot- A( Si ~i@~1 ~~?~ll' ~ 7dd$~b P~5 : e9~i*d13 ~f 01&0 r bid15- Ap$} F%R UWse 200410511 ?~&A? R bTo44#f M602?bMV 20385 "This legislation would, indeed, make some nova of our States and mayors and other any type of firearm. On this latter point, changes in the distribution of firearms. It local public officials to review their existing the inconvenience Is more apparent than real would, Indeed, by outlawing mail-order sales legislation in this critical field with a view to because the large mail-order houses have of firearms between States, bring about keeping lethal weapons out of the wrong outlets in most of the States and the bill will changes in the commercial firearms world. It hands.' However, the President also clearly permit mall-order shipments to individual would, Indeed, challenge interests which recognized in his message that effective State citizens from these outlets. have thrived on the present state of on- and local regulation of firearms is not fea- "These minor inconveniences have been regulated chaos. But such a challenge is slble unless we strengthen at the Federal found to be necessary in order to make it tragically overdue. level controls over the importation of fire- possible for the States to regulate effectively * ,, ? y ` arms and over the interstate shipment of fire- the acquisition and possession of firearms. "Which is more significant, the right not arms. The President advised that he was Obviously, State authorities cannot control to be slightly inconvenienced In the pur- proposing draft legislation to accomplish the acquisition and possession of firearms if chase of a firearm, or the right not to be these aims, and stated, and I quote, 'I recom- they have no way of knowing or ascertaining terrorized, robbed, wounded, or killed? mend this legislation to the Congress as a what firearms are coming into their States '.'As the chief law enforcement officer of sensible use of Federal authority to assist through the mails or, in the ease of conceal- the United States, I come before you today local authorities In coping with an undeni- able weapons, by personally being carried to ask.you to supply the only conceivable able menace to law and order and to the lives across State lines. answer to that question. I come, with all of innocent people.' * ? * * the urgency at my command, to ask the sub- 'Anyone who reads the papers today or "Today. the people of the United States are committee to report this measure favorably hears the news on radio and television can- living under the most ideal conditions which and to ask the Oe' egress to enact it without not help but be appalled at the extent of have ever existed for any peoples anywhere delay." crime and lawlessness in this country and at on earth. Yet much of this is threatened by the extent of the loss of lives through the use the spreading cancer of crime and juvenile Two, further objections have been made of weapons in the hands not only of delinquency. It is absolutely essential that the proposed legislation. The first that it criminals but also juveniles, the mentally steps such as those proposed in this bill be It that, even en if unconstitutional, the and criminal the second ond still Il sick and other irresponsible people. Every taken to bring under control one of the main that, simple process of stealing day the lives of decent American citizens, our elements in the spread of this cancer, the get guns by enacted, the hey tem from a "gun boot- - greatest national asset, are being snuffed indiscriminate acquisition of weapons of de. out or buying them m out through the misuse and abuse of firearms struction. In concluding my statement, may " ledger. ; by persons who should not have access to I say that the Department's experience with With re~pect to the constitutional Issue, them. the existing Federal Firearms Act has re- both the Secretary of the Treasury and the * * * * s sulted in a feeling of frustration since the he of the shed States have Attorney General affirmed that hat t bill was carefully drafted "What the bill does is to institute Federal controls provided by it are so obviously in- to Insure its constitutionality. It Is the controls in areas where the Federal Gov- adequate in the ways that I have indicated. t ernment can and should operate, and where In drafting S. 1592 we have had in mind l la th s a view of the ection of crimina w there is no merit to an objection to the leg- the State. governments cannot, the areas of these inadequacies and now have, we be- islation on constitutional rounds. The interstate and foreign commerce. Under our sieve, a bill, which, when enacted, will pro- vast constitutional system, the respon- vide effective controls without jeopardizing cast body of authority under the commerce sibllity for maintaining public health and or interfering with the freedom of law-abid- tribut sup of the is- ribution of rte firearms Federal by means control of safety Is left to the State governments under ing citizens to own firearms for legitimate commerce, Further, It seems clear that the their police powers. Basically, it 1s the prov- purposes. I strongly support the enactment right to bear arms protected by the second ince of the State governments to determine of S. 1592." amendment relates only to the maintenance the conditions under which their citizens For a number of years, the section of trim- of the militia; that endment does not may acquire and use firearms. I certainly inal law has considered that the loose and prevent the reasonable regulation of inter- hope that In those States where there is not ineffective controls on the sale of firearms, now adequate regulation of the acquisition particularly handguns, has been a contribut- public commerce soulbe not be noted interest that the of of firearms, steps will soon be taken to In- ing factor to the increasing crime rate. At pubsla safety. It t should statute controls complementing the steps the midyear meeting of the American Bar legislation departments does not apply late, a agencies and d local 'and taken in this bill In order to deal effectively Association in February 1964, the section of Federal, St, with this serious menace. recommended to the house of delegates that governments. reaps. action should be taken b the association "to W e act to the second objection, viz, "Since a bureau of my Department is re- Y s onslble for the administration lon of of the Flre- draft a uniform State firearms statute and nthat, even if the the criminal from m obtaining twill arms; Act, I aparticularly anxious that the appropriate Federal legislation." During the not prevent a changes proposed In the bill with respect to annual meeting in August 1964, the section gun, the statement made by the Secretary of the issuance of licenses to manufacture, im- presented a program on the subject, "The the Treasury to the subcommittee is illumi- port and deal in firearms be adopted. Under What, When, and Why of Gun Legislation." Hating. Excerpts follow: existing law, anyone other than a felon can, Distinguished speakers, Including a law en- Mr. Chairman, I am happy to appear be- upon the mere allegation that he is a dealer forcemeat officer, a judge, a private citizen, tore your committee in association with my and payment of a fee of $1, demand and and representatives of the National Rifle As- colleague, the Attorney General, and other obtain a license. Some 50,000 or 60,000 people sociation explored the subject in depth and representatives of the administration In sup- have done this, some of them merely to put detail. Although no formal action of the port of S. 1,692 to amend the Federal Fire- themselves in a position to obtain personal section followed this panel program, it was arms Act, because I feel that enactment of guns at wholesale. The situation is wide clear that the sentiment of the large major this piece of legislation 1s 'of great Im- open for the obtaining of licenses by irre- sty of the members attending the session portance to the welfare of this country and sponsible elements, thus facilitating the favored more effective firearms controls. Its citizens. aequisition of these weapons by criminals In summary, in determining whether the . "S. 1692 is designed to implement the and other undesirables. The bill before you, American Bar Association should support the recommendations which the President set by Increasing license fees and imposing enactment of S. 1592, or similar Federal leg- forth with respect to firearms control in standards for obtaining licenses, will go a islation, the following specific questions and his message to the Congress of March 8, 1965, long way toward rectifying this situation. answers should be considered: relating to law enforcement and the ad- "One misconception about this bill which First. Does the relatively free interstate ministration of justice. has been widely publicized is that it will traffic in firearms contribute materially to the "The President, in that message, described make it possible for the Federal Government increasing crime rate In the United States? crime as 'a malignant enemy In America's to institute such regulations and restric- Answer. The available evidence Indicates ipidst' of such extent and seriousness that tions as will create great difficulties for law- clearly that a considerable number of crimes the problem is now one 'of great national abiding citizens in acquiring, owning, or are committed by persons who have been concern.' The President also stated, and I using firearms for sporting purposes. able to acquire firearms easily, particularly quote from his message, 'The time has come This is absolutely not so. Sportsmen will handguns. now, to check that growth, to contain its continue to be able to obtain rifles and shot- Second. Is It within the constitutional spread, and to reduce its toll of lives and guns from licensed dealers and manufac- ower of the Federal Government to estab- ,property. Curers subject only to the requirements of lish controls on the interstate movement of "As an integral part of the war against the their respective State laws. Indeed, they firearms? spread of lawlessness, the President urged can travel to another State and purchase a the enactment of more q$ective firearms can- ride or shotgun from a licensed dealer there Answer. No lengthy legal brief is necessary trol legislation, and cited as a significant and bring It home with them without inter- to show that the Federal Government under factor in the rise of violent crime in the Terence. Only two minor inconveniences the commerce clause is empowered to estab- United States `the case with which any per- may occur for the sportsmen of this country. fish reasonable controls upon the interstate son can acquire firearms.' They will not be able to travel to another movement of firearms. "The President recognized the necessity for State and purchase a pistol or concealable Third. If the States and local governments State and local action, as well as Federal ac- weapon, and they will not be able to obtain enacted stringent controls on the purchase, turn, In this area and he urged 'the Gover- a direct shipment from another State of possession, and use of firearms, would it be Approved For Release 2004/05/05`: CIA-RDP67B00446R000500280015-1 ;Wed For Release 2004/0Ci W* 0 D50 necessary or desirable for the Federal Gov- erhment to legislate in this area? Answer. Although stringent State and local control of firearms would assist materially In reducing the possession and use of fire- arms for unlawful purposes, State and local Controls cannot be effective unless the Fed- eral Government prevents the relatively free and unimpeded flow of firearms into the several States through the channels of Inter- state commerce. Fourth. Are the controls contained In S. 1592 reasonable? Answer. Few persons will interpose rea- sonable objections to the purpose or to the major provisions of S. 1592. Reasonable men might differ as to the necessity for cer- tain of the specific provisions. For example. it can be argued that the provisions which preclude a licensed retail dealer from selling rifles and shotguns to persons under the age of 18, or from selling handguns to persons under the age of 21, are an unwarranted usurpation of the power of the States and local governments to decide who may possess and use firearms. However, almost every- one would agree that these restrictions are reasonable if firearms are to be !-ept out of the hands of irresponsible juveniles. Fur- ther, it is clear that the control of such sales, even though local in nature, can best be established by Federal Insistence, through licensing procedures, that dealers adhere to fixed standards In all of the States. Other- wise, It would be difficult to prevent a juve- n11e from purchasing a firearm in a State where the sale is permitted, and carrying It to a State where such a sale is prohibited. The council of the section of criminal law is of the opinion that S. 1592 represents a reasonable and desirable step forward in law enforcement. Although this legislation will cause minor inconvenience to the law- abiding citizen who desires to buy a gun, It will not prevent him from acquiring one. This minor inconvenience is the price that must be paid It the Federal Government is to do its part to assist the States in maintain- ing-effective control over firearms. For the above reasons, the section of crim- inal law, acting through Its council in ac- cordance with section 6, article VI, of Its bylaws, recommends that the American Bar Association support the enactment of S. 1592, or similar Federal legislation. KENNETH J. HODSON, Chairman. RESOLUTION ADOPTED BY THE AMERICAN BAR ASSOCIATION FAVORING ENACTMENT OF THE FEDERAL FIREARMS ACT Mr. DODD. Mr. President, I ask un- animous consent to have printed in the RECORD the remarks of Senator JosEPu D. TYDINGS before the House of Dele- gates of the American Bar Association, meeting in convention in Miami, Fla., on August 10, 1965, concerning the need for enactment of S. 1592, a bill which I introduced and he cosponsored to amend the Federal Firearms Act. This measure was introduced at the request of the administration, Senator TYDINGS' interest in and con- cern for the problem of firearms misuse In this land is clearly evidenced in his remarks before the American Bar Asso- ciation. I am personally familiar with his concern for the youth of America because of his efforts as a member of the Subcommittee to Investigate Juvenile support given the bill (S. 1592) by the bar, and I commend him in this regard. There being no objection, the address was ordered to be printed in the RECORD, as follows: Erracr1vg FEDERAL FIREARMS LEGISLATION-A MODERATE RESPONSE TO A CRITICAL PROBLEM I understand that the house of delegates will this week consider a resolution In sup- port of Senate bill 1592, which would amend and grsatly strengthen the Federal Firearms Act. I am, together with Senator THOMAS J. DODD, of Connecticut, and others, a sponsor of this legislation. I am also a member of the subcommittee that has been holding hearings on the bill. I, therefore, welcome this oj)portunlty to explain the reasons I support it. This bill has been the target of heavy fire from one of the most intense pressure cam- paigns I have ever seen. I have received thousands of letters, most of them based, I am sorry to say, on misleading propaganda and misinformation. If I thought the heavy mail I am receiving represented the informed opinion of my con- stituents, it would give me great pause. But, it is char that the overwhelming majority of writers do not understand what the bill would really do. In the case of one group of several hundred letters, obviously inspired by the National Rifle Association, the writers uniformly misspelled my name. Now, my wife says that is a good way to cut a junior Senator down to size. But, I can tell you it is not the way to Impress him that the writer is well informed. I wish to make clear at the outset that this bill would not Interfere with the legitimate use of firearms. I. myself, am a hunter. There is nothing I enjoy more then a morn- ing in the duckblinds with Major, our Chesa- peake flay retriever. I am also an enthusias- tic, if :lot accurate, skeet shooter. If I thought this bill really interfered with bona ids hunters and sportsmen, I would oppose it with all my force. Rather, I am persuaded after careful study and exiensive hearings that the bill as drawn, with only a few minor amendments, Is a rea- sonable and moderate response to a serious national problem. We read daily of shootings, murders and armed felonies. We all are aware that crime has become a problem of crisis proportion,. I arr. convinced from the facts that the uncontrolled distribution of guns is contri- buting to our crime problem. The particular evil which is the target of the firearms bill Is uncontrolled interstate mail-order traffic in guns and destructive de- vices. This traffic is placing lethal weapons in the hands of minors without the knowl- edge or consent of their parents. It 1s al- lowing criminals and the mentally unstable to obtain weapons they could not get legally on the local market. It is stocking the pri- vate arsenals of secretive extremist groups- the Ku Klux Klan, the Black Muslims, and the so-called Minutemen. Above all, It is underndning the firearms laws and regula- tions o:' our States and cities. The bulk of the mail-order trade, and espe- cially of that part which this legislation is intended to choke off, consists of cheap for- eign weapons-mostly military castoffs- which are being dumped on our shores by the millions. Most of these imported guns are of inferior quality, often to the point of en- dangering their owners. Most are unsuited for hur ting, sport shooting, or any other legi- timate activity. Even the National Rifle As- sociation professes itself willing to see these import:: curbed. Law enforcement agencies can cite case after case In which mail-order weapons have jury or death caused by mail-order guns In the hands of minors. On the west coast recently, two ex-convicts robbed banks In four cities and finally shot a pollee officer in Los Angeles. They obtained the guns they used by mail order under a false name. The dealer's principal place of business is Los Angeles, but the guns were shipped from Nevada in order to circumvent California law. Last winter a boy from Baltimore shot and killed his father, mother, and sister with a foreign revolver purchased from a Los An- geles firm. As he was arrested another weapon was on its way. Many of you will remember last year's at- tempt by anti-Castro Cubans to shell the United Nations Building in New York City. The weapon was a German World War II mortar which had been imported into the United States by a New Jersey firm. Aggregate figures demonstrate that these are not isolated cases. These are the facts: Fact 1: Law enforcement agencies estimate that approximately half of all firearms used in the commission of crime are obtained through the mail-order trade. Fact 2: Every year thousands of Americans are cut down by gunfire. Five thousand and ninety were killed by guns In 1964 alone. A great many of these deaths need never have happened If the guns had not been easily obtainable and in the hands of the wrong people. Fact 3: Guns are simply deadlier than other weapons. In 1963, 1 out of 20 assaults with a weapon In the United States ended in death. Where guns were used, however, one out of five assaults ended in death. Fact 4: Ratios of homicide by firearms to all homicides drop sharply in areas where strict firearms controls are in effect. In Dallas and Phoenix, for example, firearms regulations are virtually nonexistent. In 1963, 72 percent of homicides committed in Dallas were committed with guns, and 66 percent of homicides committed in Phoenix were committed with guns. By contrast, Philadelphia and New York City have strong firearms controls. In Philadelphia 36 per- cent, and in New York 215 percent, of all 1963 homicides were committed with guns. Since assaults with guns result in death far more often than assaults with other weapons, it is reasonable to conclude that the New York and Philadelphia gun laws have saved many lives. Fact 5: Of 225 law enforcement officers who have been killed by criminals in the last 4 years, -95 percent were shot to death. Seventy three percent of the killers had been convicted of crimes before acquiring the murder weapon. I agree with the critics who say that crimes are committed by evil or misguided people, and not by guns. Of course, we can- not make people law abiding by restrict- ing their access to guns., But we can make their antisocial actions less serious. We must remember that we are not only concerned with the deliberate, scheming, pro- fessional criminal. I concede that we prob- ably cannot keep guns from his hands. But we seek also to halt juvenile gang warfare, emotional crime sprees, and spur-of-the- moment crimes of passion. It is for such people that the mail-order trade Is a particularly attractive source of supply. Four thousand Chicagoans received weapons from just two mail-order dealers over a 3-year period. One thousand of them had criminal records. This is not really surprising. The mail- order gun trade, and particularly the part of the trade against which the firearms bill is directed, is calculated to appeal to the juvenile and the criminal. Advertising, which appears primarily In mail-order cata- logs and cheap pulp magazines. is couched tion was reflected in the overwhelming cident after tragic incident of accidental in- and bound to incite the iDulness ionabi'e. Approved For Release 2004/05/05: CIA-RDP67B00446R000500280015-1 Apj> F119-, l6aase 2004/05/06)MA 0 ga06:'W7X' 20387 The primary advantage of mail-order pur- ment most exercise its power. I believe it lion bushels wheat and flour deal with chase from the point of view of juveniles has a duty to do so. the Soviet Union will add between 4.5 and criminals is the anonymity it affords The gun lobby and their friends attack and 5 million short tons of business to them. The prospective purchaser simply the firearms bill on the ground that it vie- the locks and channels of the St. Law- clips an advertisement and forwards it to- latex the second amendment of the Con- Seaway during the current season gether with his deposit. He gets back an stitution. As I understand the second Tanta and a Seportion of away u the t the This season. order blank on which he must certify that amendment, their argument lacks merit. he Is over 21 and has never been convicted The second amendment provides: "A well- traffic will add $2 million to Seaway of a crime of violence. The form is returned regulated militia, being necessary to the revenues that have been Insufficient to to the dealer, who ships the gun via common security of a free State, the right of the pay off the capital outlay of the waterway or contract carrier. people to keep and bear arms, shall not be since its completion in 1959. The hail-order trade circumvents the law infringed." these e in- even within some States. California, for ex- The history of the second amendment, as We direct can tMakakee to some a and solace in heavy direct ample, prohibits the mail-order sale of con- well as its language, indicate that it was cealable firearms within the State. But intended to protect the right of the States to benefits to Canada. But, looking to the certain mail-order firms simply send an organize and maintain a militia. The pro- future and the potential wheat needs of ordered firearm to an out-of-State mail vision has been so read by courts and com- Russia, it should be made clear to the drop, where it is rewrapped and forwarded mentators alike. American public why the American wheat to the California purchaser. The State Is Misleading quotation of the second half farmer Was foreclosed from competing powerless against this blatant evasion of its of the amendment by gun-lobby publicists for this latest sale. public policy. has Injected a red herring into the debate. The average U.S. Yearly export of The firearms bill is, in my judgment, an Every lawyer knows that firearms legisla- essential but moderate response to the prob- Lion in nearly every State, as well as the wheat for dollars from 1957 to 1961 was lems I have outlined. Let me describe the National Firearms Act, and the existing Fed- 172 million bushels. In 1962, 151 million provisions of S. 1592. eral Firearms Act, have been repeatedly up- bushels were exported for dollars. In 8. 1592, if enacted, would prohibt Inter- held by the courts against constitutional 1963, the year we sold to Russia and state traffic in firearms except between challenge. France, the figure rose to 352 million licensed dealers, manufacturers and im- In addition to the constitutional question, bushels. porters. This provision would prevent the the gun lobby has attempted to create an One hundred and sixty-five million Interstate retail purchase of guns by mall. emotional concern around the erroneous con- But it would not prevent any law-abiding tention that the bill would disarm the law- bushels were exported for dollars in 1964. adult from walking into a local store and abiding citizen. As a study of the bill will Thus, with the exception of 1963, the buying or ordering a gun. A man living in reveal, it does nothing of the sort. Canadian sale of 187,000 bushels last a remote area could still order his gun by Ladies and gentlemen, the proposed State week exceeds our total yearly export of mall or,phone from any dealer In his State. Firearms Control Assistance Act of 1965 is wheat for dollars in every year from 1957 Nor would the bill prohibit any persons from a most significant piece of legislation, I through 1964. taking his gun across States lines for a law- know that the house of delegates of the Wheat sales to the Soviet bloc have ful purpose. American Bar Association will study it care- Further, S. 1592 would prohibit sale of fully and will make known to the Congress been declared in the national interest. pistols and revolvers to persons under 21 and to the American public its recommends- Studies indicate that liberalization of and of rifles and shotguns to persons under tions for specific changes. East-West trade of nonstrategic me- 18. But it would not prohibit sale of guns I hope that this association will throw terials serves a useful purpose. I refer to adults for youngsters. They 'would re- the weight of its very considerable Influence to the. report of the President's Special main frLee to use, though not to buy, such behind this bill. We have a responsibility Committee on U.S. Trade Relations with weaponk Nothing in the bill would prevent to the victims of crime and violence, are- Eastern European countries and the So- a boy from learning to hunt and shoot. sponsibility which In my judgment far out- The purpose is to insure that a youth use weighs any petty inconveniences the fire- Viet Union; also to the statement issued these dangerous instruments only with the arms bill would cause to sportsmen, collet- by the Committee for Economic Aevel- consent, and hopefully, the supervision, of tors, and other legitimate gun users. opment. his parent or guardian. In this connection, an editorial ap- &. 1592 would also prohibit sale of pistols pearing in the Washington Post of May and revolvers to persons who do not reside In SELLING WHEAT TO THE SOVIETS 20, which compares these two opinions, the State where the dealer does his business. In other words, a person could not cross FOR GOLD is of interest; and I ask that it be in- State lines to buy a pistol. But an out-of- Mr. SYMINGTON. Mr. President, last seated in the RECORD at this point. Stater could go into any store and buy a week the Canadian Government an- There being no objection, the edito- sporting rifle or shotgun. million tons of rial was ordered to be printed in the S. 1592 would restrict the importation of nounced RECORD, as follows: wheat and the sa400,000 le ale of of 4.6 tons of wheat firearms into the United States. But it TRADE WTTHODT ILLII9ION would not prohibit importation of sporting equivalent in flour to the Soviet Union. and hunting weapons or of antiques. It Is estimated these transactions in- With the simultaneous appearance of two S. 1592 would also establish a more effec- volved $450 million. thoughtful policy statements, this is a time tive system of Federal licensing. It would It Is little wonder that Prime Minister for introspection on East-West trade. The severely restrict sale and transport of sawed- Committee for Economic Development of shotguns and rifles, which are not used, Pearson is reported as describing this lat- (CED), a group of prominent American busi- I need not tell you, for hunting. And it est wheat sale as "exciting" and new executives, joined with its counterparts, would impose controls on traffic in destrue- "spectacular." Not only will it have a the European Committee far Economic and tive devices and ammunition such a gre- stimulating effect on that nation's econ- Social Progress and the Japanese Keizal Doy- nades, mines, machineguns, and bazookas. only but also it will lighten the deficit in alai, to issue a statement on "East-West But S. 1592 would not require Federal reg- Canada's international balance of pay- Trade: A Policy for the West." And the istration of firearms. And it would not. per- ments. White House released the report of the Presi- mit confiscation of firearms from any law- dent's Special Committee on U.S. Trade Re- abiding citizen. _ Secondary benefits may flow to the lotions and East European Countries and The administration has proposed several United States as a result of this Canadian the Soviet Union. Both statements reflect technical amendments to the firearms bill sale, the views of private business interests. which meet several legitimate criticisms As an editorial in the New York Times The common trust of both statements is made during the course of the hearings. that trade in nonstratgic goods between These are amendments designed expressly stated: Communists and non-Communist countries to protect antique gun collectors, to exclude If the Russians pay for a good portion of Should be expanded. Both the CED and the altogether from the provisions of the bill all their purchases by selling gold in London, President's committees, as distinguished ammunition except for destructive devices, the (U.S.) Treasury will not have to supply from their European and Japanese counter- and to lower certain license fees. These as much gold from its own dwindling stock parts, would bar trade with communist amendments are likely to be accepted by to meet the demands of private and official China and Cuba. But aside from this pre- Our subcommittee. sellers of dollars. dlctable and very significant difference of - - - opinion, the two sets of recommendations are Only the Federal Government, as all of you know, has the power to regulate inter- A second advantage which would ac- essentially alike, you conwperce. If the States are to carry true to both countries concerns the St. Where the two reports differ is in setting out their police power responslblities for pub- Lawrence Seaway. American and Cana- forth the motives for increasing trade with He health and safety, the Federal Govern- dian officials estimate that the 187 call- the Communist bloc. According to the Free- No. 158-21 _ Approved For Release 2004/05/05: CIA-RDP67B00446R000500280015-1 AUp ident's committee: "Political, not commer- cial or economic, considerations should de- termine the formulation and execution of our trade policies." The CED and its counter- parts state that: "In. trade with Eastern countries we hope to realize the same kinds of economic benefits we expect in trade among ourselves." Juxtaposing these two statements admittedly exaggerates the differ- ences between the two reports. Yet it serves the useful purpose of contrasting two views of East-West trade. Those who uphold the political view seek goals which, In our opinion, are unrealistic. Some of Its proponents see international trade as a means of winning Communist countries over to the liberal principles of free-enter- prise capitalism. Such hopes are hardly justified. Some of the European Communist countries can conceivably gain a greater measure of Independence from Soviet Russia by increasing their trade with the West. Yet it is difficult to envisage International trade as a prime mover in the process. A second politically motivated group would join the AFT-CIO representative on the Presi- dent's Committee in emphasizing the neces- sity for "political quid pro quo concessions." It Is all very well to argue that the Oom- munists should give way on Berlin or some other issue In return for the expansion of trade. But If increased trade were so im- portant to the Communists as this view as- sumes, concessions would have been made long ago. The question of East-West trade should be approached without illusions. Trade with the Communists will result In neither political concessions nor ideological conver- sions. It will confer economic benefits upon the West, hopefully greater than those realized by the East. That, in the final anal- ysis, is the soundest reason for expanding it. Mr. SYMINGTON. Mr. President, the estimated price per bushel of No. 3 Mani- toba sold by Canada to the Soviets is $1.83. This grade compares with U.S. No. 1 Northern Spring, 15 percent protein, which sells at a price of $1.82 a bushel. Both prices are f.o.b. St. Lawrence. Thus U.S. wheat Is competitively priced with Canadian wheat. Nevertheless, because of the require- ment that 50-percent of wheat sold to Russia must be carried in vessels under the U.S. flag, we are not competitive in wheat sales for dollars. That fact is demonstrated by a com- parison of fret ht rates Pro S. g in Procurement and Regulation of the Joint Economic Committee hearings concerning discriminatory ocean freight rater and the balance of payments, stated: It :n important to draw a sharp distinction between the requirement for use, of U.S. shipping In this case of commercial sales, on the cue hand, and the requirement, on the othef hand, for use of U.B. shipping in the case of Government-aided sales where the additional shipping costs are paid by the Government. In the former case, the com- merc al sales, the requirement for use of U.S. ship; ing is,not a statutory one; In the latter case, it is. Also, In the latter case, the Gov- ernment-aided sales, the requirement for using U.S. shipping does not prevent the ex- port business from occurring because the Gove-nment pays the additional costs. In the former case, the commercial sales, the shipping requirement prevents the export business from occurring at all because the impo?ting country turns to alternative sources of supply. In short, there is no advantage to this country when potential commer- cial sales of agricultural products for dollars are stifled and impeded by a requirement that half the cargo be car- ried m U.S.-flag vessels, for as Secretary MURPHY pointed out to the Senate Bank- ing and Currency Committee earlier this year: The actual effect of this requirement is- not to provide additional business for the U.S. Merchant Marine-but to prevent U.S. longs foremen, U.S. exporters and U.S. farm- ers Iromhaving employment and earnings that would otherwise accrue. If then it is in the national interest to export wheat for dollars, if further the 50-50 requirement Impedes possible sales at the same time affords no benefit to the troubled U.S. Merchant Marine, I agair. recommend that the Secretary of Commerce remove this barrier to export sales of farm commodities for dollars. Such action on his part would not only aid the farmers of America, but also would be a major contributing factor to improvement in one of our most serious problems-the continuing unfavorable balarce of payments. ? SIXTH ANNIVERSARY OF STATE- rate to Odessa, the foreign-flag ship HOOD FOR HAWAII rate per long ton is $10 while the U.S.-flag ship rate is $17.50. From the Gulf to Mr FONG. Mr. President. This Odessa, the foreign rate is $10.50, but Saturday, August 21, marks the 6th an- the U.S. rate is $18. This means that niversary of Hawaii's admission into the price of U.S. wheat Is increased 12 the Union as a State. On that day in to 15 cents a bushel by the 50-50 re- 1959, President Eisenhower proclaimed quirement. Hawaii the 50th State, the culmination This 50-50 requirement, as applied to of a long and ardous campaign by H- commercial grain sales, is an exception wail's people and their friends for politi- to the general rule that cargo prefer- cal equality. ence acts are inapplicable to strictly. In elevating the Hawaiian Islands to commercial sales. It is also a fact that a Sta"e, the 86th Congress and the Presi- no other U.S. commercial export sales dent reaffirmed our Nation's dedication are subject to this limitation. Cargo to the principles of self-determination preference acts actually apply only to and self-government. cargo generated by the U.S. Govern- It demonstrated to the people of the ment. Pacific and the world-that regardless This unusual requirement on corn- of rage, color, or creed-citizens of the mercial export sales of grain has been United States, when they inhabit an in- imposed by the Office of Export Control corporated territory which has Political of the U.S_ Department of Commerce. and economic maturity, will be accorded August 19, 1965 more because they were so hard-won after so many years. Hawaii's people value highly first-class citizenship-all the more because they were relegated to second-class citizenship for more than half a century. While Hawaii enjoys the many bless- ings of statehood today, its island neighbors in the Western Pacific, the 88,000 inhabitants of the Pacific Trust Territory, remain in a state of uncer- tainty as to their future political status. Under an agreement with the United Nations Trusteeship Council, the United States has assumed the responsibility of promoting self-government or indepen- dence for the trust territory, more com- monly known as Micronesia. Nearly 2 decades have passed since the trust territory was entrusted to our Nation's care. For various compelling reasons which I discussed In this Cham- ber yesterday, our country must come to grips with the question of our future policy toward these far-flung islands. For we are, in effect, acting as a colonial power without a colonial policy In our relationship with the trust territory at present. The time has come to start exploring this question in depth. That was my intention in introducing yesterday a reso- lution proposing that the Trust Terri- tory of the Pacific Islands be made a part of the State of Hawaii. On the eve of the sixth anniversary of Hawaiian statehood, I wish to call at- tention to two timely editorials which appeared in the past few days in the Honolulu Star-Bulletin, one titled "Fas- ter Than Statehood," the other "First Step-Citizenship." I ask unanimous consent to have the editorials printed in the RECORD. There being no objection, the editorials were ordered to be printed in the RECORD, as follows: [From the Honolulu Star-Bulletin, Aug. 16, 151651 FIRST STEP-CITIZENSHIP The United States is a colonial power with- out a colonial policy. This situation has developed in the main because we have been smitten with the idea that our wars were not fought for territorial gain. True enought, but we have taken over the Trust Islands of the Pacific and Okinawa from Japan since World War II, and we have held ownership of Guam, American Samoa, Wake, Johnston, arid other islands for far longer periods. The current interest in a Pacific State is making us think about a policy for the Pa- cific, and getting our wards to think about It, too. We can be encouraged that even if they don't seem to be jumping at the suggestion that they join the State of Hawaii, they at least show no disposition to leave the U.S,fold. All the alternates suggested so far by the island people themselves have been proposals for a future, as part of the United States with U.S. citizenship high on the priority list. The grant of such citizenship to the Pacific peoples seems like one of the easiest first steps. It hardly needs to await resolution of the other problems, though it will amount to a culture Charles S. Murphy, The. commitment to find solutions under the , people of Hawaii cherish deeply American flag, thus making official the core- before the Subcommittee on Federal these rivile < denominator In all Approved For Release 2004/05/05: CIA- 2DP6%6ff0V AW&B5ad2a0 ~I present discussions,