purchaser would be strengthened by requiring authentication by the highest law-enforcement authority of the community in which the purchaser resides. Under the Federal Firearms Act, as it would be changed by the enactment of S. 1975, as amended, it would be impractical for an individual to obtain a firearm by a so-called "mail-order" shipment through interstate commerce without the knowledge of local authorities or in violation of local laws, regulations, or ordinances. Certainly, the States and local communities are entitled to such protection. The amendments granting this protection are consistent with the original purposes of the Federal Firearms Act. The amendments to S. 1975, other than the two principal amendments discussed above, are of a technical or conforming nature. A technical memorandum explaining in detail each amendment proposed by Senator Dodd will follow. In the overall area of firearms control, it appears that the general welfare of the public dictates that serious consideration be given by the Congress, the various States, and various local communities to the adequacy of existing provisions of statutes, regulations, and ordinances for the protection of the public interest. The Bureau of the Budget has advised the Treasury Department that there is no objection from the standpoint of the administration's program to the presentation of this report. Sincerely yours, G. D'ANDELOT BELIN, General Counsel. GENERAL COUNSEL, TREASURY DEPARTMENT, Washington, D.C., December 6, 1963. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: In my letter to you of December 2, 1963, concerning the amendments which the Honorable Thomas J. Dodd offered with respect to S. 1975 (88th Cong., 1st sess.), I advised that a technical memorandum explaining in detail these amendments would follow. The technical explanation of Senator Dodd's proposed amendments to S. 1975 is attached hereto. Sincerely yours, G. D'ANDELOT BELIN, TECHNICAL EXPLANATION OF AMENDMENTS TO S. 1975 (88TH CONG., 1ST SESS.) OFFERED BY HON. THOMAS J. DODD ON NOVEMBER 27, 1963 A technical explanation of the amendments to the Federal Firearms Act (ch. 18, title 15, United States Code, 52 Stat. 1250) which would be effected by the enactment of S. 1975 as originally introduced, is contained in the technical explanation of the bill attached to the letter from the General Counsel of the Treasury Department to the chairman of the Committee on Commerce dated November 14, 1963. This memorandum explains the nature and effect of the amendments which the Honorable Thomas H. Dodd offered on November 27, 1963 (see vol. 109, Congressional Record 193, dated November 27, 1963, p. 21765) with respect to S. 1975. The amendments are designed to (1) extend the provisions of the bill dealing with so-called "mail order" transactions in handguns and gangster-type weapons to cover all types of firearms, (2) to revise the provisions of the bill relating to the affidavit submitted to a manufacturer or dealer by a mail-order purchaser by requiring an authenticating certificate by the chief law-enforcement officer of the locality in which the purchaser resides, and (3) to revise the effective date provisions. The other amendments are of a technical or conforming nature. The first amendment proposes to strike out lines 11 through 14 on page 2 of the bill. This would delete the term "handgun" from the definitions incorporated in the bill. The bill as originally introduced placed certain restrictions on "mail order" transactions in "handguns” and gangster-type weapons. The amendments to the bill would place the same restrictions on all types of firearms. Accordingly, the definition of "handgun" is no longer necessary. 29-119-64--20 The amendments on page 2 of lines 15 and 20, and on page 3 of lines 4, 10, 14, 16, and 21 are merely technical and conforming amendments necessary because of the deletion of the definition of "handgun." The amendments on page 5 beginning on lines 5, 8, and 11 extend the coverage of the bill relating to restrictions on so-called mail-order transactions (which in the original bill were applicable only to "handguns" and gangster-type firearms) to all firearms, regardless of size, shape, or description. In effect, section 2 of the Federal Firearms Act would be amended by adding a new subsection (j) which would make it 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, any package or other container in which there is any firearm, without written notice to the carrier that a firearm was being transported or shipped, and a new subsection (k) making it unlawful for a common or contract carrier to deliver, or cause to be delivered in interstate or foreign commerce any firearm to any person with knowledge or with reasonable cause to believe that such person is under 18 years of age. The amendment which would strike out lines 16 through 24 on page 5, and lines 1 through 14 on page 6 of the bill, relates to the affidavit submitted to a manufacturer or dealer by a mail-order purchaser. This amendment would add a new subsection (1) to section 2 of the Federal Firearms Act and it differs in substance from the proposed section 2(1) contained in the original bill in that a certificate by the chief local law enforcement officer of the locality in which the mail-order purchaser resides, to the effect that to the best of his knowledge and belief the statements made by the applicant in his sworn statement are true, would be required to be submitted to the manufacturer or dealer with the purchaser's sworn statement. The form of the certificate would be prescribed under regulations issued by the Secretary of the Treasury, and such regulations would also construe the meaning of the term "chief law enforcement officer of the locality." In essence the proposed new subsection 2(1) of the Federal Firearms Act would make it unlawful for any manufacturer or dealer to ship in interstate or foreign commerce to any person other than a federally licensed manufacturer or licensed dealer, or a person exhibiting a State license as prescribed in section 2(c) of the Federal Firearms Act, unless the person to whom the firearm is to be shipped has submitted to the manufacturer or dealer the required sworn statement and certificate of the chief local law enforcement officer. Further, it will be unlawful for any person to cause to be transmitted by U.S. mail, or cause to be transported in interstate or foreign commerce, a sworn statement to a manufacturer or dealer for the purpose of obtaining a firearm, if such statement contains any false information as to any material fact. The amendment on page 8, line 14, which would strike out "Section 904, Exemptions" and insert "SEC. 4" is a technical correction. However, the correction should include the section title "Exemptions." The amendment on page 10 would strike lines 1, 2, and 3, and substitute revised effective date provisions in the bill. The bill as introduced provided that the "Amendments made by this Act shall become effective on the first day of the second month beginning after the date of enactment of this Act." The proposed amendment to the effective date provisions would provide as follows: "SEC. 6. The amendments made by this Act shall become effective on the date of the enactment of this Act; except that the amendments made by section 3 of this Act to section 3(a) of the Federal Firearms Act shall not apply to any 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 manufacturer or dealer on such date." As to all of the provisions of the act, except those relating to increased license fees, the effective date would be accelerated. As to the provisions relating to increased license fees such provisions are intended to make it clear that the increased fees are not applicable until the expiration of the existing annual license. In other words, the applicant would pay the increased fee when he applies for his new license. THE GENERAL COUNSEL OF THE TREASURY, Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, U. S. Senate, DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on S. 2345, To amend the Federal Firearms Act to further restrict the use of instrumentalities of interstate or foreign commerce for the acquisition of firearms for unlawful purposes. On November 14, 1963, the Department submitted a report to your committee on S. 1975 in which the Department stated that the amendments to the Federal Firearms Act proposed by that bill were in our opinion in the public interest and would effect needed improvements in that act without impingement upon the individual rights of any citizen. On December 2, 1963, the Department submitted a favorable report on amendments to S. 1975 proposed by the author on November 27, 1963. While the Department favors the objectives of S. 2345-placing additional restrictions on the movement of firearms in interstate or foreign commerce the Department believes that these objectives would best be accomplished by the enactment of S. 1975, as proposed to be amended by its author. Consequently, the Department recommends that favorable consideration be given to S. 1975, as proposed to be amended, in lieu of action on S. 2345. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. DEAR MR. CHAIRMAN: By letter dated August 8, 1963, acknowledged August 9, you requested our comments on S. 1975, a bill to amend the Federal Firearms Act, approved June 30, 1938, ch. 850, 52 Stat. 1250, 15 U.S.C. 901-909. Our office has no particular information which would be of assistance in the consideration of this measure. Consequently, and since the matter for consideration is primarily a question of policy for determination by the Congress, we have no recommendations to make concerning S. 1975. DEAR MR. CHAIRMAN: Your letter of December 2, 1963, invited our comment on S. 2345 and on amendment No. 335 intended to be proposed by Senator Dodd to S. 1975. The bills S. 2345 and S. 1975 would amend the Federal Firearms Act, 15 U.S.C. 901, the administration of which is primarily within the purview of the Secretary of the Treasury. You are advised we have no information or comment to offer for your consideration in connection with either S. 2345 or the amendment to be proposed to S. 1975. DEAR SENATOR: This is in response to your request for the views of the Department of Justice on the bill (S. 1975) to amend the Federal Firearms Act. The Department of Justice is in accord with the sponsor's stated objectives, a primary one of which is to prohibit the interstate traffic of certain firearms for delivery to persons under 18 years of age. Therefore, the Department recommends its enactment. However, the assassination of President Kennedy indicates a need for broader legislation, to which end the amendments hereinafter discussed are suggested for committee consideration. As originally introduced, the bill adds to the act a definition of "handgun" and redefines the term "dealer." The term "handgun" is defined to mean "any pistol or revolver originally 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." "Dealer" is defined to mean “(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 manufacturing or fitting special barrels, stocks, or trigger mechanisms to firearms, or (c) any person who is a pawnbroker.' The bill would amend section 2 of the Fedeal Firearms Act to make it unlawful for manufacturers or dealers to deliver handguns or gangster-type weapons to carriers for delivery in interstate or foreign commerce to nonlicensed dealers or manufacturers without giving to the carriers written notice as to the contents of the shipment. Also, the section would be amended to make it unlawful for carriers to deliver any such shipment to any person whom they know or have reason to believe is under 18 years of age. Incorporated in the section would be a provision making it unlawful for a manufacturer or dealer to ship any handgun or gangster-type firearm interstate to any person other than a licensed manufacturer or dealer unless such person has submitted to him a sworn statement that (1) he is 18 years or more of age; (2) he is not a person prohibited by the act from receiving such a shipment; and (3) there are no provisions of law applicable to the locality to which the weapon will be shipped which would be violated by his receipt or possession of it. Among other changes, the bill would proscribe the issuance of dealer or manufacturer licenses to persons under 21 years of age and to persons prohibited by the act from transporting, shipping, or receiving firearms in interstate or foreign commerce. It would increase to $50 the present $25 license fee applicable to manufacturers and increase to $10 the license fee of $1 presently applicable to dealers. Although pawnbrokers are treated as dealers, a $50 license fee would be required of them. As pointed out earlier, although the bill would provide a desirable measure of control with respect to handguns and certain other gangster-type firearms, it does not cover a weapon such as was used in the assassination of President Kennedy. It is the view of the Department of Justice that the bill should be amended to include all firearms. We note that by one of the amendments intended to be proposed by Senator Dodd, printed in the Congressional Record of November 27, such an extension would be effected. We recommend favorable committee consideration of this change. Similarly, Senator Dodd has indicated his intention to propose an amendment providing that the sworn statement to be required of a purchaser by proposed section 2(1) of the act (pp. 5-6 of the bill) be accompanied by a certificate of the chief law enforcement officer of the locality in which the person resides. This certificate would indicate that to the best of the officer's knowledge and belief the statements made in the sworn statement are true. This is a most desirable and essential amendment. This Department recommends three additional amendments. First, is is suggested that the definition of "dealer" be amended to insert the word "regularly" before the word "engaged" in lines 20 and 22, page 2 of the bill. It is assumed that Treasury Department regulations will set out the criteria by which a person will be judged as being or not being "regularly engaged" in the firearms business. It is anticipated that such an amendment will eliminate thousands of persons who now qualify for dealer licenses although they are not actually business people. Second, it is suggested that the dealer license fee should be increased from $10 to $50. This amendment is likewise designed to restrict the catgory of "dealer" to persons regularly engaged in the firearms business. Third, and extremely important, it is suggested that the bill be amended to make it illegal to transport, ship, or receive firearms in interstate or foreign commerce except as between licensed dealers or manufacturers or as between any such licensed dealer or manufacturer and any person excepted from the application of the Federal Firearms Act by section 4 of that act (15 U.S.C. 904). Such an amendment would eliminate any need for the affidavits contemplated by proposed section 2(1) and would of course necessitate other conforming changes. This legislation, with the proposed amendments, would be extremely effective in providing desirable controls applicable to the interstate shipment of firearms. However, in order that it attain its maximum effectiveness it is essential that the States and their subdivisions take such action as may be necessary adequately to provide for the control, transfer, and possession of firearms once they come to rest within the State boundaries. This Department stands ready to assist the Alcohol and Tobacco Tax Division, Internal Revenue Service, Department of the Treasury, and your committee in drafting amendatory language to effectuate these recommendations. The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the administration's program. Sincerely yours, NICHOLAS DEB. KATZENBACH, Hon. WARREN G. MAGNUSON, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, Chairman, Committee on Commerce, Washington, D.C. DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 2345) to amend the Federal Firearms Act to further restrict the use of instrumentalities of interstate or foreign commerce for the acquisition of firearms for unlawful purposes. The bill would amend the definitions section of the Federal Firearms Act (15 U.S.C. 901) by adding thereto a definition of the term "State" as meaning any State, territory, or possession of the United States and the District of Columbia. It would also amend section 2 of the Federal Firearms Act (15 U.S.C. 902) by adding a provision making it unlawful for any manufacturer or dealer to ship in interstate or foreign commerce any firearm to any person (other than a person excepted by sec. 4 of the act) unless such person has delivered to the manufacturer or dealer a written certificate executed by a State or local law enforcement officer where such person resides containing the following information: (1) the purpose for which such firearm is being acquired; (2) a description of each indictment or conviction of such person, if any, for any crime punishable by imprisonment for a term of 1 year or more, as disclosed by available records; (3) any information available as to whether such person is a fugitive from justice; and (4) any information available as to the probable mental competence and stability of such person, and his reputation for observance of law. Manufacturers and dealers would be required to retain certificates received by them for a period of not less than 10 years and would be required to make such records available for inspection by law enforcement agencies of the United States and State or political subdivisions of any State. |