In this connection the commission has gone on record formally with a written resolution, which I would present for your consideration at this time to be added to the record if I may. Mr. KING. Without objection. (The information referred to follows:) RESOLUTION OF THE GAME, FORESTATION, AND PARKS COMMISSION Whereas tragic events have caused certain ill-advised public officials and others to search for a likely scapegoat; and Whereas those who have continually favored stringent controls on all types of firearms now are pressing their cause before the bar of public opinion; and Whereas all past experience strongly indicates that firearm controls or registration merely tend to disarm the law-abiding citizen and allow the criminal and psychopath to proceed unimpeded; and Whereas no nation in modern times has fallen to tyranny without first having imposed upon itself a strict system of firearms control and registration; and Whereas it is a truism that firearms, in and of themselves, are not criminal or dangerous: Now, therefore, be it Resolved by the Nebraska Game, Forestation, and Parks Commission, That this commission strongly urges the appropriate public officials, local, State, and Federal, to prosecute to the limit of the law those criminals who employ firearms in crimes of violence, and those who violate present laws regarding the ownership, sale, and use of firearms. This commission also urges the appropriate State and Federal legislative bodies to enact stricter penalties for violation of the above laws. This commission also, by this resolution, indicates its firm opposition to enactment of any new laws or regulations of a local, State or Federal nature, which would tend to harass or prohibit the ownership and enjoyment of sporting or target-type firearms by honest law-abiding citizens. The commission adopts this position because of its firm belief, based on evidence and experience, that further restrictions on firearms will, in no way, prevent or deter crime. On adoption, the commission directs that this resolution be spread at large upon its minutes, and that copies thereof be sent to the Governor of Nebraska, the Nebraska Legislature, and to all members of the Nebraska congressional delegation and to the appropriate public news media. Dated this 15th day of January 1965. LOUIS FINDEIS, Chairman, Nebraska Game, Forestation, and Parks Commission. Mr. FOOTE. We think that in some cases duly constituted authorities are not using fully the tools available to them now, the National and Federal Firearms Acts. We also recognize that reasonable amendments to these acts may be in order. The Nebraska Game, Forestation, and Parks Commission is in a position to support some constructive firearms legislation. The Commission would support and, let me add here, support very strongly S. 1965 and its companion House bill H.R. 7472 in its present form or with reasonable modifications. We would support Congressman Bob Casey's bill, H.R. 5642, or any reasonable modification thereof, as a means of cracking down on criminal misuse of firearms. We think that this is the direction that this effort should proceed. We state again that we believe that further restrictions will tend to disarm the law-abiding citizen but will little affect the criminal. In this connection, with your permission, I would like to read a brief statement on firearms control from the definitive text on firearms as related to criminology. The text-I have a copy here before me-is "Firearms Investigation, Identification, and Evidence," by Hatcher, Jury, and Weller, Stackpole, 1957. Many States, including New Jersey, have purchase permit laws. A citizen must get formal approval for his purchase of a handgun from the local chief of police in advance. Reputable dealers abide by these laws; however, in most towns there are exceptions. I might add here that Lieutenant Jury of the Jersey State Police was drawing on his experience in New Jersey at that time. Further, more than half the handguns in any given State were not purchased from dealers at all. Finally, reference to a collected purchase permit file, as in the central office of each State, will reveal the most astonishing irregularities. Patent dates are frequently given as serial numbers. Impossible calibers are listed. Few people with experience have any confidence in the information contained on some of the permits. Even if one State should manage to accomplish the really tremendous task of getting all its purchase permits in order and have its citizens register all their handguns properly, that State would merely disarm its honest citizens. Only a tiny percentage of honest people are willing to go through the redtape, trials, and tribulations in order to keep a firearm they may need desperately later. Such regulation would accomplish little since the average honest citizen does not go about committing crimes of violence with his gun. The criminal who does commit such crimes is not going to bother to register his weapon or purchase it legitimately from a dealer with a purchase permit obtained from the local chief of police. Disarming the citizen aids crime. Few criminals want to meet on an equal footing a man ready and able to defend his home, his wife, and his property. Criminals want stringent firearms regulations. The task of disarming the criminal is impossible. A revolver represents high value for relatively small bulk. If the Government could not stop the importation and distribution of alcohol during prohibition, it has no chance to stamp out traffic in arms. Only an honest citizen worries about a fine or the extremely unlikely short prison term for possessing or carrying an illegal arm. The gangster, robber, and murderer have much more serious penalties to worry about. This represents the viewpoint of these men. I submit it for the consideration of this committee as these people are experts in this field. Our Nebraska unicameral legislation has adopted a resolution on firearms legislation which I would request be added to the record. Mr. KING. Without objecton. (The information referred to follows:) LEGISLATIVE RESOLUTION 50 (Introduced by Calista Cooper Hughes, 1st District; George Syas, 13th District) Whereas antifirearms legislation now being considered by the Congress if adopted will seriously impair the right of legitimate hunters and target shooters to enjoy their chosen sports; and Whereas the history of such legislation is that the criminal and psychotic elements are little affected thereby; and Whereas the second amendment to the U.S. Constitution sets forth the rights of citizens who have not lost their civil rights to keep and bear arms; and Whereas tight controls on firearms as attempted in New York and Puerto Rico have not deterred the criminal classes but have only served to disarm the lawabiding citizen; and Whereas a situation in which our law-abiding citizen would become effectively disarmed by administrative action of governmental bureaus or by the necessity of complying with complicated and obtuse administrative procedure would be intolerable in these United States; and Whereas control of crime and misuse of firearms is best accomplished by a combination of effective and stringent law enforcement and justice directed against the criminal himself, not the weapon, coupled with education and alleviation of the known factors that cause crime; and Whereas no nation in modern times has fallen to tyranny without first imposing upon itself a strict system of firearms controls and registration: now, therefore, be it Resolved by the members of the Nebraska Legislature in 75th session assembled, That this body (1) is opposed to Federal legislation which interferes with the rights of our law-abiding citizens under the 2d amendment to the U.S. Constitution or which interferes with the rights of such citizens to transport sporting arms and ammunition in interstate commerce, (2) favors enforceable legislation at the Federal level which provides stringent and enforceable penalties against the criminal misuse of firearms and ammunition shipped in interstate commerce. The legislature directs the clerk of the legislature to spread this resolution upon the journal of this body and to furnish suitably prepared copies thereof to the President of the United States, the President pro tem of the U.S. Senate, the Speaker of the U.S. House of Representatives, to the chairman of the Senate Judiciary Committee, to the Nebraska congressional delegation, and to Senator Thomas Dodd, of Connecticut. PHILIP C. SORENSEN, President of the Legislature. I, Hugo F. Srb, hereby certify that the foregoing is a true and correct copy of legislative resolution 50, which was passed by the Legislature of Nebraska in 75th regular session on the 2d day of June 1965. HUGO F. SRB, Clerk of the Legislature. Mr. FoOTE. We would comment on certain sections of H.R. 6628. We recognize that certain amendments in this regard have been suggested by the executive branch, but these have not been adopted. In section 1, subsection 4, we would suggest that black-powder weapons be exempted in the law. There is a legitimate sporting use for blackpowder muzzle-loading weapons with a bore greater than one-half inch, certain early black-powder breechloaders and heavy English sporting rifles fall in this same class. We do not wish to be interpreted as defending any criminal or irresponsible misuse of the so-called destructive devices. However, we do respectfully suggest that criminal misuse of these devices is not even a minor factor in violent crime. We cannot personally recall a major crime in which mortars, bazookas, et cetera, were used. We must, respectfully, state our resentment to the legislative coupling of these devices in the same bill that covers controls on sporting weapons. No one would argue that there is a legitimate hunting use to be made of devices such as bazookas and mortars, or that such weapons, with live ammunition, should be in the hands of criminals, "kooks," and paramilitary organizations, however, without live ammunition, these pieces of military junk are inert curios. As such, there are two legitimate areas of possession for this type of hardware. One is in public and private museums, in exhibiting the evolution of military weapons, the other is for display purposes on courthouse lawns, veterans' clubs, et cetera. We would suggest that the proper avenue of control in these instances be directed toward the sale of live fixed ammunition therefore. Black-powder weapons should be exempt. Legitimate recreational use is made of large-bore black-powder weapons in many States, as the activities of such organizations as the North-South Skirmish Association would attest. These people are not criminals or "nuts," but just Americans having fun. Another comment on the bill I would add is that section 2(a) (1) is so loosely worded that a person committing a relatively minor gamelaw violation, which I cannot condone at all, still under the loose language of this section could be subject to stringent Federal penalties on transporting a weapon across a State line in commission of a misdemeanor. We think if serious consideration is given to adoption of this bill that that language should be refined to represent felonious misuse, not minor misdemeanors. We submit that the prohibition of mail-order firearms sales would impose undue restrictions on our rural populations where the rate of crime is not of alarming proportions. We submit that there is an inverse relationship between the extent of firearms ownership and crimes of violence. The principle of deterrent force works in individual cases as well as in international power politics. Criminals do not usually want to pick as a victim a person to whom firearms are readily available. We believe it basic in our system for the right of the individual to defend his person, his home, and his chattels from felonious actions of all types by as much force as is necessary to deter. We submit that undue firearms controls, if carried to their logical conclusion, will inhibit the ability of the law-abiding citizen to defend himself, and thus not an aid in crime prevention. We object to the scale of license fees contained in section 3, of H.R. 6628, particularly those relating to the manufacturer or dealer in firearms. The suggested schedule would effectively bar many small businessmen in our rural areas from any part in this business. We submit that sections 3(c) (2) and (5) contain unreasonable delegations of authority to appointed officials of our Government to determine who may engage in the firearms business. We know of honest and careful dealers and manufacturers working out of basements of their farm homes. Would that be a business premise under the law or under its interpretation? Then again perhaps it is time that someone had a good word to say for the firearms importer and for surplus military weapons adaptable for sporting use. Surplus military rifles, using soft-point ammunition, are well adapted for deer hunting. These weapons are not "junk," but represent far more research and development than the average sporting weapon. Many persons entering into their hunting experience are financially unable to purchase expensive sporting weapons and are uncertain as to how well they will enjoy the sport. Once acquired, most hunters either convert these weapons to sporting type, involving a considerable expenditure, or trade up, as is our American tradition, to high-quality sporting arms. I might add, with your permission here, Mr. Chairman, that those who by implication would attempt to give the adverse connotations, bordering almost on that of the offensive four-letter Anglo-Saxon word to the term "imported surplus military rifles" are doing a vast disservice to the many legitimate American sportsmen who have found good use for these weapons. We would offer, in conclusion, a positive program in this entire field that we believe would be effective in helping control criminal misuse of firearms yet would encourage the positive and constructive use of such weapons by law-abiding citizens. (1) Enact backup Federal legislation making it a crime to feloniously misuse firearms or ammunition shipped in interstate commerce. (2) Enforce present laws to the greatest possible extent. We do not believe this has been done. (3) Enact H.R. 7472 to provide reasonable controls on pistols. (4) Assure the American people, by policy statement of Congress, that the second amendment retains yet its original intent, and that an armed American citizenry, using their weapons for lawful purposes, will not be unduly harassed or restricted. (5) Enact legislation similar to H.R. 8707, of the 88th Congress providing a tax for grants-in-aid for range construction and firearms safety training. Gentlemen, you have been most kind and most attentive. I would The CHAIRMAN. Are there any questions of these gentlemen? The CHAIRMAN. Mr. Battin. Mr. BATTIN. I think an area that needs some comment, and perhaps you are the best witness to do it, representing the Game, Forestation, and Parks Commission of Nebraska, is the contribution that sporting organizations rifle and pistol-have made in the military effort as far as training people in the proper use of firearms and giving them a better opportunity not only to defend themselves in time of war, but also the fact that they contribute to the reduction in cost of training military people who are asked to defend the United States and the free people of the world. Mr. FOOTE. May I comment on that briefly, sir? Mr. BATTIN. Yes. Mr. FOOTE. From personal experience. Since 1958 I have had the privilege of being an officer and president of a local rifle and pistol club affiliated with the National Rifle Association and of course receiving these weapons from the director of civilian marksmanship and the ammunition allotment. I well recognize that this program has been questioned and questioned very adversely by certain Members of the Congress and in the press. Some misleading statements have appeared in very reputable publications regarding this program, including one I recall in the Reporter magazine, that such things as machineguns, flamethrowers, and aerial bombs were loaned to these rifle clubs for markmanship training-an article last October in the Reporter. That of course is absolutely untrue. The contribution made, the preinduction training to young men going into our Armed Forces, I can speak to personally because about 20 boys have gone through our little country club, country meaning rural, in the last 7 or 8 years who have gone on to the Armed Forces and who have I am sure received a great deal of benefit in handling for the first time the M-1 rifle under range conditions with we believe qualified expert training in its loading, firing under rapid and slow fire conditions, and all forms of position shooting. This has cost the U.S. Government the cost of loaning us the weapons and in issuing ammunition which was near the end of its effective age and would, I assume, have no longer found a use. A lot of our issue comes from 1952 and 1954 near the end of its storage shelf life. We are bonded for the weapons we receive. We pay all the freight. The cost is extremely low when we consider the total cost of war that we have. In these organizations I have never heard of major crime being imputed to officers or people who have obtained weapons, borrowed weapons from these organizations. |