So again in that situation it was a case of forged identification rather than any violation by a dealer.

That would certainly be considered legitimate proof of identity. Mr. COHEN. I don't think the fact that we wouldn't have prevented Oswald in this situation is germane to the question of whether we should or should not have this law.

Mr. BATTIN. But that keeps being used as one of the pushing reasons. Mr. COHEN. The mail order business made it easier. I am not saying it would have avoided it entirely, but it did make it easier. I think we can all agree to that.

Mr. UTT. That is all, Mr. Chairman.

The CHAIRMAN. Any further questions of Mr. Cohen?

Mr. BYRNES. Mr. Chairman.

The CHAIRMAN. Mr. Byrnes.

Mr. BYRNES. Do you have information concerning the number of States requiring dealers in firearms to have a State license?

Mr. COHEN. I have seen it, sir. I went through it the other evening in preparation, and I mislaid it somewhere. Could we supply that to you, sir? I don't seem to be able to lay my hands on it. Could we supply that for the record? I don't seem to be able to find it right now. We will give that to you.

Mr. BYRNES. Right.

Mr. COHEN. We have it somewhere.

The CHAIRMAN. Without objection, the material will appear at this point in the record.

(The information was supplied to the committee:)

For your convenience I am submitting a copy of "Basic Facts of Firearms Control (Federal and State)," which is published by the National Rifle Association. You will note at item (g) under "Positive Controls" of the States that the pamphlet lists 23 States and the District of Columbia licensing the sale of handguns at retail. We have no other information with respect to dealer licensing by

States.

BASIC FACTS OF FIREARMS CONTROL (FEDERAL AND STATE)
Prepared by the National Rifle Association, Washington, D.C.

This law

FEDERAL FIREARMS CONTROLS

THE NATIONAL FIREARMS ACT OF 1934, AS AMENDED

(a) Imposes a tax and registration on the making or transfer, among other weapons, of all fully automatic firearms and all shortbarrell rifles and shot guns;

(b) Provides that all manufacturers and importers of, and dealers and pawnbrokers in, the foregoing kinds of firearms must pay an annual occupational tax.

This law

THE FEDERAL FIREARMS ACT OF 1938, AS AMENDED

(a) Requires the licensing of manufacturers and importers of, and dealers in, firearms, ammunition and components thereof;

(b) Provides certain restrictions on the movement of firearms and ammunition in interstate or foreign commerce;

(c) Prohibits convicted felons, persons under indictment, and fugitives from justice from shipping, transporting or receiving firearms or ammunition in interstate or foreign commerce;

(d) Prohibits the shipment, transportation, or receipt of stolen firearms or ammunition, or firearms from which the serial number has been removed, obliterated or altered.

POSTAL LAWS AND REGULATIONS

Concealable firearms, such as pistols or revolvers, may not be shipped through the mails, except to certain classes of persons and under certain conditions. Unloaded rifles and shotguns are mailable.

DEPARTMENT OF STATE REGULATIONS GOVERNING THE INTERNATIONAL TRAFFIC IN ARMS

(a) Manufacturers, exporters, and importers of firearms and ammunition or components thereof must pay an annual registration fee of $75.

(b) The importation or exportation of firearms or ammunition (except shotguns and .22-caliber rim-fire ammunition) by any person requires an import or export license.

FEDERAL AVIATION ACT OF 1958, AS AMENDED

No person, except under special authorization, may carry a deadly or dangerous weapon abroad a commercial air carrier. Unloaded firearms in baggage not accessible to the passenger while aboard the aircraft are permissible.

STATE FIREARMS CONTROLS

GENERAL COMMENT

The firearms laws of the various States are principally directed at concealable firearms, such as pistols or revolvers. While rifles and shotguns are included in the statutory provisions of many States, those firearms are regulated largely as to sale to certain persons (e.g., minors, aliens or convicted felons), discharge in certain areas and use in hunting.

POSITIVE CONTROLS

(a) License to possess a handgun: 1 State: New York.

(b) Permit, or equivalent, to purchase a handgun: 9 States:

(c) Waiting period between purchase and delivery of a handgun: 9 States:

Alabama

California

Connecticut

North Carolina
Rhode Island

Also the District of Columbia.

(d) Registration of all firearms: 1 State: Hawaii.

(e) License to carry a handgun on or about the person: 29 States:

(f) License to carry a handgun in a vehicle: 18 States:

NEGATIVE CONTROLS

(a) Prohibition of the manufacture or sale of handguns: 1 State: South Carolina.

(b) Prohibition of the carrying of a handgun on the person: 21 States:

No minimum age is specified for the various kinds of licenses under the national or Federal Firearms Act, or for the transportation, shipment or receipt of firearms in interstate or foreign commerce.

STATE

Minimum age for the purchase, possession, receipt or use of handguns varies from State to State. There is an even greater variance in the minimum ages that allow for the possession or handling of any firearm by a minor.

The majority of States provide that a person must be at least 18 or 21 years of age in order to acquire a handgun. As to rifles and shotguns, the minimum age frequently differs from that for a handgun; and sometimes none is specified.

POSSESSION BY ALIENS

Alaska (special stamp to possess any firearm), California (handguns prohibited), Colorado (all firearms), Connecticut (handguns), Delaware (all firearms), Hawaii (all firearms), Louisiana (enemy aliens), Massachusetts (possession of firearms permitted with temporary license), Michigan (cannot purchase or carry handguns), Minnesota (all firearms), Nebraska (all firearms), Nevada (handguns prohibited), New Hampshire (must have special permit to purchase firearms), New Jersey (rifle and shotgun prohibited; license required for handgun), New York (special license to possess any firearm), North Dakota (no hunting), Oregon (all firearms), Pennsylvania (all firearms), Rhode Island (all firearms), South Dakota (all firearms if no intent to become U.S. citizen), Tennessee (purchase of firearms prohibited), Utah (all firearms unless hunting or necessary part of employment), Washington (special license to possess any firearm), West Virginia (all firearms unless granted special hunting license), Wyoming (all firearms).

TYPES OF LICENSING AUTHORITY

Police: Alabama, California, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Nevada, New York (six counties), Oregon, Pennsylvania, Utah, Wyoming; Judicial: Delaware, Georgia, New York (56 counties), Virginia; other administrative agency: Florida, Rhode Island, Missouri, Montana; either of three: Colorado, Massachusetts; either police or judicial: North Carolina, North Dakota, New Jersey, South Dakota, Washington; either police or other administrative agency: Connecticut, Maine, Michigan, Mississippi, New Hampshire.

The usual term of such licenses is 1 year, although Georgia law provides for a 3 year license to carry a handgun. License fees vary from 50 cents to $20. Customarily, full age, good character and absence of a criminal record are required. The latter is variously defined, ranging from conviction of a felony, through conviction of a crime of violence, to conviction of any crime. California, New Jersey, and New York make the taking of fingerprints compulsory. The majority of the States provide that the license be carried with the firearm and produced on demand by a peace officer. Delaware and West Virginia require publication by the applicant of his notice to apply for licenses to carry firearms. Four States that license the carrying of firearms require the posting of security, amounting to $100 (Florida, Georgia), $300 (Rhode Island), $2,000 (certain licenses, Mississippi) or $3,500 (West Virginia).

THE POLICE POWER

FEDERAL

Since the Federal Government is one of limited or delegated powers, it does not possess a general police power as such (except in the District of Columbia and territories and possessions). Hence, when it wishes to impose some controls over firearms, it does so on the grounds of the commerce power or its power to tax, or its jurisdiction over the mails.

STATE

The general police power resides in the individual States. In the exercise of this power and in the due administration of criminal justice, the States have adopted various controls over the possession, purchase, sale, carrying, and use of firearms.

The police power, in the American constitutional system, is the inherent right and power of a State government to act, by legislation or otherwise, for the health, safety, morals, and general welfare of the people.

LOCAL

The extent of the police power in county and municipal governments is determined by the State through general or special statutes, charters or similar means. Counties and municipalities may, or may not, adopt firearms control ordinances. The extent of their legislative power in this field depends on a number of factors, such as preemption of the field by State law and scope of their regulatory power. These factors vary from State to State.

CONSTITUTIONAL PROVISIONS

FEDERAL

"A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." (U.S. Constitution, amendment II.)

The courts have interpreted the second amendment as imposing a limitation on the National Government only. In recent years, however, the trend of Supreme Court decisions has been toward making specific provisions of the Bill of Rights applicable to the States through the fourteenth amendment.

STATE

Thirty-five States have constitutional provisions guaranteeing the right "to keep and bear arms".

Fifteen States have no constitutional provisions: California, Delaware, Illinois, Iowa, Maryland, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Virginia, West Virginia and Wisconsin. Although the State of New York has no constitutional provision on this right, article II, of its civil rights law, a statute, affirms the right in words similar to those in the second amendment to the U.S. Constitution.

The courts have held that the States under their general and broad police powers may regulate, within the limits of their constitutions, the possession and use of firearms in furtherance of the health, safety and general welfare of their citizens.

Note on this digest presentation: The information contained herein is intended as an overall view of firearms controls on the Federal and State levels. As such, this digest presents merely the basic facts without the details, exceptions, qualifications, definitions, and related matters which would be part of an extended treatment.

Mr. BYRNES. I ask, Mr. Chairman, that the tabular analysis they have furnished also go in the record. I think that would be appropri

ate.

The CHAIRMAN. Without objection it will also be included in the record at this point.

Have we placed in the record the proposed amendments that have been delivered to us by the Treasury Department?

Mr. COHEN. I don't think so, sir.

The CHAIRMAN. If we have not I think they should also be included at this point in the record, both sets. Without objection they will be included.

(The information referred to follows:)

Comparative tabular analysis showing effect of principal provisions of administration's firearms bills (H.R. 6628, H.R. 6783, H.R. 6629,

H.R. 6782)

Proposed controls under Federal Firearms Act

(d) by an unlicensed dealer;

(e) to any person who has not secured State license (if required).