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MISCELLANEOUS SUBMITTED FOR THE RECORD-Con.

General and legal-Continued

"Firearms, Investigation, Identification, Evidence," by Julian
Summerville Hatcher, 1957 edition, excerpt, page 108.-

"Interstate Traffic in Firearms and Ammunition (Federal Firearms

Act)," U.S. Treasury Department, Internal Revenue Service, Pub-

lication No. 417_

Proposed amendment to S. 1975, by Olin Mathieson Chemical Corp.
Study on proposed Uniform Firearms Act made in 1930's by Con-
ference of Commissioners on Uniform State Laws, excerpt, quoted
by Mr. Franklin J. Orth, National Rifle Association__.

"Technical Explanation of Amendments to the Federal Firearms Act

Proposed by S. 1975 (88th Cong., 1st sess.)," by Treasury De-

partment..

Page

238

109

308

56

Game, Forestation and Parks Commission, State of Nebraska__
John Purroy Mitchel Post No. 208, American Legion, New York,
N.Y., dated January 16, 1964---

235

152

LETTERS AND TELEGRAMS SUBMITTED FOR THE RECORD

Ayars, G. A., sheriff, Yavapai County, Prescott, Ariz., to Senate Com-
merce Committee, dated January 28, 1964___

261

Barkley, Hon. W. B., speaker, Arizona House of Representatives, Phoenix,
Ariz__

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MISCELLANEOUS SUBMITTED FOR THE RECORD-Con.

LETTERS AND TELEGRAMS SUBMITTED FOR THE RECORD-Con.
Petitjean, Keith, chairman, Math-Science Department, Bagdad High
School, Bagdad, Ariz. to the Committee on Commerce, dated January
24, 1964

Page

252

Senner, Hon. George F., Jr., U.S. Representative from the Third Con-
gressional District, State of California...

Young, James R., patrol inspector, U.S. Border Patrol, for Gila Bend
Law Enforcement Officers Club, Box 410, Gila Bend, Ariz., to Mr. Ben
Avery, Arizona Republic, Phoenix, Ariz., dated December 27, 1963----

324

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INTERSTATE SHIPMENT OF FIREARMS

FRIDAY, DECEMBER 13, 1963

U.S. SENATE,

COMMITTEE ON COMMERCE,

Washington, D.C.

The committee met at 10 a.m. in room 5110, New Senate Office Building, Hon. Howard W. Cannon presiding.

Senator CANNON. The committee will come to order.

Today the Committee on Commerce will commence hearings on the subject of firearms control. It is the committee's intention to thoroughly study every aspect of this problem.

In my view there are essentially two issues before the committee; namely, how can effective firearms control be achieved, and what are the respective responsibilities of the Federal, State, and local governments to insure control.

In a broad sense this hearing, as all hearings, is designed to provide a forum for the free exchange of views in order that the problem be placed in proper perspective and that the solution be sound and reasonable.

The committee welcomes all comments relative to the extent and scope of the firearms problem and suggested solutions. However, specific attention will be directed to the two bills which have been referred to the committee. Their basic objectives are described briefly as follows:

The first bill, S. 1975, by Senator Dodd, would require a purchaser of a mail-order firearm to submit to the manufacturer or dealer a notarized statement to the effect that he is over 18 years of age and is not a convicted felon under indictment for a felony or a fugitive from justice and that there are no provisions of local law which preclude him from ordering or possessing a firearm. The purchaser would also be required to accompany his order to a dealer or manufacturer with a certificate from the chief law enforcement officer in his locality to the effect that to the best of the law enforcement officer's knowledge and belief, the statements made in the affidavit are true.

Shippers of a firearm would be required to notify the carrier of the contents of the shipment. Common or contract carriers transporting the firearm would be prohibited from delivering the firearm to any person whom they knew or had cause to believe was not 18 years

of age.

Firearms of all size and description, including pistols, sporting rifles, et cetera, would be covered.

Professional staff member assigned to these hearings: William T. Beeks.

In addition, the bill would also incorporate certain technical and clarifying amendments to the act.

The second bill, S. 2345, by Mr. Scott, would make it unlawful for a manufacturer or dealer to ship or for any person to order in interstate commerce any firearm unless the purchaser accompanies his order with a written certificate executed by a duly designated law officer of the State or locality in which he resides, which sets forth the following information: The purpose for acquiring the firearm, a description of each indictment or conviction for any crime subject to imprisonment for 1 year or more, any available information as to whether the purchaser is a fugitive from justice or which might be relative to his mental competence and stability and his reputation for law observance.

The manufacturer or dealer would be required to retain the certificate for 10 years and to make their contents available to duly authorized law enforcement officers for inspection.

The committee intends to explore this problem thoroughly. Every avenue of solution will be studied. But the solution must not be one conceived in hysteria, born of ignorance, intended to foster complacency and destined to futility. The solution must be total, not partial.

It must be dictated by the voices of reason, not emotion. It must, to the extent practical, prevent the possession and use of firearms by the irresponsible, but in so doing should not unduly inconvenience or burden the responsible.

Without objection, copies of the bills, S. 1975 and S. 2345, will be printed in full at this point in the record, reports received from the various Government agencies will be printed in the appendix.

I should also like to insert into the record at this point a statement made by the chairman of this committee, the Honorable Warren G. Magnuson, at the time these hearings were announced. (The above-mentioned material follows:)

S. 1975

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1963

Mr. DODD (for himself, Mr. BAYH, Mr. ERVIN, Mr. FONG, and Mr. KEFAUVER) introduced the following bill; which was read twice and referred to the Committee on Commerce

A BILL

To amend the Federal Firearms Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Federal Firearms Act (52 Stat. 1250) is amended to read as follows:

"That as used in this Act

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

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(2) The term 'interstate or foreign commerce' means commerce between any State or possession (not including the Canal Zone), or the District of Columbia, and any place outside thereof; or between points within the same State or pos

session (not including the Canal Zone), or the District of Columbia, but through any place outside thereof; or within any possession or the District of Columbia. The term 'State' shall be held to include the Commonwealth of Puerto Rico and the District of Columbia.

"(3) The term 'firearm' means any weapon, by whatsoever name known, which will, or is designed to, or which may be readily converted to, expel a projectile or projectiles by the action of an explosive, the frame or receiver of any such weapon, or any firearm muffler or firearm silencer.

"(4) The term 'handgun' means any pistol or revolver original designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand.

"(5) The term 'manufacturer' means any person engaged in the manufacture or importation of firearms for purposes of sale or distribution; and the term 'licensed manufacturer' means any such person licensed under the provisions of this Act.

"(6) The term 'dealer' means (a) any person engaged in the business of selling firearms at wholesale or retail; (b) any person engaged in the business of repairing such firearms or of manufacturing or fitting special barrels, stocks, or trigger mechanisms to firearms, or (c) any person who is a pawnbroker. The term 'licensed dealer' means any dealer who is licensed under the provisions of this Act.

"(7) The term 'fugitive from justice' means any person who has fled from any State, the District of Columbia, or possession of the United States, (a) to avoid prosecution for a crime punishable by imprisonment for a term exceeding one year; or (b) to avoid giving testimony in any criminal proceeding.

"(8) The term 'pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the repayment of money loaned thereon.

"(9) The term 'secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate.

"(10) The term 'indictment' includes an indictment or an information in any court of the United States, the several States, possessions, or the District of Columbia under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

"(11) The term 'crime punishable by imprisonment for a term exceeding one year' shall not include any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses, relating to the regulation of business practices as the Secretary may by regulation designate."

SEO. 2. (a) Subsections (a), (b), (d), (e), (g), and (h) of section 2 of the Federal Firearms Act are amended by striking out the words "or ammunition" wherever they appear.

(b) Subsection (d) of section 2 of said Act is amended by striking out the word "Territories".

(c) Subsection (f) of section 2 of said Act is amended to read as follows: "(f) It shall be unlawful for any person who is under indictment or who has been convicted by any court of a crime punishable by imprisonment for a term exceeding one year, or who is a fugitive from justice, to receive any firearm which has been shipped or transported in interstate or foreign commerce." (d) Subsection (i) of section 2 of said Act is amended by striking out the words, "and the possession fo any such firearm shall be presumptive evidence that such firearm was transported, shipped, or received, as the case may be, by the possessor in violation of this Act."

(e) Section 2 of said Act is amended by adding at the end thereof the following new subsections:

"(j) It shall be unlawful for any manufacturer or dealer knowingly to deliver, or cause to be delivered, to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed dealers or manufacturers, any package or other container in which there is any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954, without written notice to the carrier that handguns or such firearms are being transported or shipped.

"(k) It shall be unlawful for any common or contract carrier to deliver, or cause to be delivered, in interstate or foreign commerce any handgun as defined in this Act, or any firearm as defined in section 5848 (1) of the Internal Revenue Code of 1954 to any person with knowledge or with reasonable cause to believe that such person is under eighten years of age.

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