rights reserved to the States. These measures would seriously retard the operation of this department by reducing their income.

Support H.R. 5642 and H.R. 7472 which appear to be aimed at the crux of the problems involved in the misuse of firearms by criminals. WITNESS: ROSCOE E. FREEMAN, MANSFIELD (MASS.) FISH & GAME PROTECTIVE ASSOCIATION, INC.

SUMMARY OF STATEMENT FOR THE RECORD

(Prepared by staff of Committee on Ways and Means) Opposed to H.R. 6628 and S. 1592. Favors H.R. 5642 and H.R. 7472.

WITNESS: DONALD E. MARTIN, SALMON, IDAHO

SUMMARY OF STATEMENT FOR THE RECORD

(Prepared by staff of Committee on Ways and Means)

I oppose the administration's bills because firearms legislation will not prevent crime. The restrictive gun laws contribute to crime because the unarmed citizen cannot protect himself. The Secretary of the Treasury is given too much power. Gun laws should be left to the States.

WITNESS: LESLIE E. FIELDS, MARS EQUIPMENT CORP., EVANSTON, ILL.

SUMMARY OF STATEMENT

The witness desires to present testimony opposing the administration's proposals.

The witness will attempt to present an analysis of the National Firearms Act and Federal Firearms Act proposals, showing the disadvantages of the following:

(a) Control of importation licensing by the Secretary of the Treasury.

(b) Prohibition of importation of military weapons.

(c) The attempt to control citizen possession of weapons over cali

ber.50.

(d) Limitation of interstate commerce by nondealers.

(e) Granting of discretionary authority to license the firearm trade to the Secretary of the Treasury.

(f) Increased licensing fees, occupational taxes, and transfer taxes. (g) General objections.

WITNESS: DR. RALPH A. MacMULLAN, DIRECTOR, MICHIGAN DEPARTMENT OF CONSERVATION

SUMMARY OF STATEMENT

Dr. MacMullan will generally oppose further restrictive legislation in regard to sporting firearms. There are portions of proposed legislation which will be actively supported, such as further restrictions on

importation of foreign arms which are not suitable for sporting purposes and, of course, we will lend ourt wholehearted support to legislation which will halt the traffic in bazookas, grenades, mortars, and so forth. We will, also, sanction reasonable restrictions on the traffic in handguns which will strengthen the State laws of Michigan. Our principal interest in this matter lies in how it will affect the conservation department's ability to properly administer the natural resources of the State.

WITNESS: VAUGHN K. GOODWIN, FIRST VICE PRESIDENT, NATIONAL MUZZLE LOADING RIFLE ASSOCIATION

SUMMARY OF STATEMENT

1. Provision would seriously curtail if not eliminate custom gunsmiths and muzzle-loading riflemakers because of interstate commerce restrictions and 100 times increase in licenses. Definitely antismall business.

2. Limitation to .50 caliber for rifles would eliminate many muzzleloading rifles and historic arms including .58-caliber Civil War rifles shot by many thousand shooters in NMLRA and North-South Skirmish Association. These fine weapons would be listed as destructive devices under provisions of bill. Also it would affect collectors of such

weapons.

3. Provisions provide the Secretary of the Treasury almost unlimited powers to impose any restrictions on sale of firearms. This could allow the Secretary of the Treasury or his delegate (appointed officials) to impose any regulations or restrictions they desire without due course of legislation.

4. Existing gun laws are sufficient but they are not enforced.

5. H.R. 5642 by Congressman Bob Casey, of Texas, is the type of bill that should be supported. It would stop crime by imposing severe penalties for armed assault, thereby punishing criminals but not honest citizens.

WITNESS: FRANKLIN L. ORTH, EXECUTIVE VICE PRESIDENT, NATIONAL RIFLE ASSOCIATION OF AMERICA

SUMMARY OF STATEMENT

GENERAL OBJECTIONS

1. Mail-order prohibition

H.R. 6628 and H.R. 6783 prevent all citizens from ordering firearms by mail rather than preventing only juveniles, criminals, malcontents, and other social undesirables from acquiring firearms by mail order. 2. Nature of controls

The underlying philosophy and general orientation of the administration bills are one of restriction and prohibition of the law-abiding citizen to acquire, possess, and use firearms for legitimate purposes. Proposed controls are both direct and indirect and reflect an approach alien to the American character.

3. Proposed amendments

Some of the amendments proposed by the Treasury Department meet certain objections to the bills. However, the nature of these bills is such that no amount of amendment can make them acceptable or "palatable."

4. Second amendment

The administration conclusion that the second amendment right "to keep and bear arms" is not an individual right is narrow and inflexible. Such a conclusion does not consider the many historical-legal facets brought out by research and study in the field.

SPECIFIC OBJECTIONS

1. The definition of "destructive device" is too broad because many sporting arms and collectors' items are included. Such devices should come under the provisions of the National Firearms Act.

2. Transportation of a firearm in commerce if for "a lawful purpose" is vague and ambiguous.

3. Sale or disposition of firearms by manufacturers, importers, or dealers is subject to unrestricted regulation by the Secretary of the Treasury.

4. Restriction of firearms delivery in commerce to licensed manufacturers, importers, or dealers would be unnecessarily punitive and would impose a real hardship on thousands of individuals in rural and semirural areas who do not have convenient access to licensed dealers.

5. The large increase in license fees far exceeds the costs for processing and issuance. In particular, the $100 fee for a dealer is prohibitory for the small dealer in rural areas or the small businessman in any

area.

6. There is no necessity for a "manufacturer" of ammunition, such as a person who reloads ammunition for use of his club, to obtain a $500 manufacturer's annual license.

7. All firearms ammunition should be removed from the purview of the proposed controls.

8. Establishment of a minimum age of 21 years for the receipt of a license is a worthwhile addition to the law.

9. Denial of a license should be for explicit reasons set forth in the law.

10. The prohibition, under proper legislation, of the importation of castoff military weapons, particularly crew-served weapons and other items of ordnance, is desirable.

11. Certain key terms and phrases, such as "contrary to the public interest" and "lawful sporting purposes" are indefinite and susceptible to arbitrary use by the Secretary of the Treasury.

12. Omission of the exception in the present law applying to shipment of firearms to certain organizations and individuals by the Secretary of the Army would virtually end the civilian marksmanship program of the National Board for the Promotion of Rifle Practice. An agency of the Department of the Army, the National Board made an outstanding contribution to national defense in World War II and continues to do so today by its volunteer program of civilian training with conventional small arms.

KING BILL

H.R. 7472, by Congressman Cecil R. King of California, is a thoughtful and reasonable approach to the control of firearms in commerce. The National Rifle Association fully endorses the intent

and content of this bill.

WITNESS: E. H. HILLIARD, JR., PRESIDENT, NATIONAL SHOOTING SPORTS FOUNDATION

SUMMARY OF STATEMENT

Regarding the administration's proposal to amend the National Firearms Act (H.R. 6629, H.R. 6782, S. 1591), the foundation is in favor with minor changes. We feel very strongly that the public should not have access to bombs, grenades, rockets, missiles, antitank guns, etc., which are operable or are capable of being made operable. We would like to see the definition of "explosive device" modified to accommodate certain big game rifles and collector pieces. We are sure that Congress will keep in mind that there is a legitimate use for deactivated heavy military ordnance in movies, television, museums, as decorations at veterans' posts, and by historical collectors.

The foundation, as much as anyone in America, recognizes there is a worldwide crime problem. We are in favor of forbidding the sale of handguns to persons under 18 years of age, narcotic addicts, mental incompetents, etc. We believe that Congress, with the bills now entered and information available, can work out a system of affidavits on the sale of handguns which would prevent undesirable purchases, but at the same time not infringe on the rights of lawful citizens. This system would stop the abuses of the Federal Firearms Act that have been documented in the Senate Subcommittee on Juvenile Delinquency: (1) mail-order sales of handguns to unqualified persons; (2) persons crossing State lines to obtain handguns in circumvention of existing local laws.

The foundation further suggests that legislation be aimed at the criminal misuse of firearms without infringing on the use of sporting firearms by more than 20 million lawful sportsmen. The foundation is in favor of mandatory penalties for the criminal misuse of firearms on the same principle as H.R. 5641 and H.R. 5642 now entered in Congress, as well as mandatory penalty bills that have been passed this year by State legislatures in Illinois and California.

The foundation is in favor of H.R. 7472 to amend the Federal Firearms Act.

The foundation is opposed to the administration's proposal to amend the Federal Firearms Act (H.R. 6628, H.R. 6783, S. 1592) as introduced. The reasons for opposing these bills are:

1. Heavy military weapons are of no interest for sporting purposes and, therefore, should not be included in legislation designed to regulate commerce in sporting firearms. "Destructive devices" would be more appropriate in the National Firearms Act which already regulates gangster-type weapons.

2. The bills would ban all mail-order sales of firearms (including sporting shotguns and rifles) to consumers, although the majority of

51-635-65-pt. 2- --24

firearms used in crime are of the concealable type; the fact that the individual States have not seen reason to regulate the sale of shoulder arms indicates that shoulder arms are not major factor in crime; also, it would work a hardship on rural people who order sporting shotguns and rifles.

3. Under reasonable, prescribed conditions a sportsman should be allowed to buy a handgun in a State other than his home State.

4. There should be no limitation on shipment of firearms for legitimate repairs, service, and modification and for recreational purposes. 5. The proposed dealer's license fee of $100 is too high and would force thousands of small dealers to quit handling sporting firearms and ammunition, especially in rural areas.

6. The provisions, especially as to licenses, affecting more than 2 million people who reload ammunition are not clear and could work a hardship on them and others who use reloaded cartridges. It appears that in some cases individual custom gunsmiths would be required to obtain a manufacturer's license of $500 per year.

7. In accordance with previous recommendations of the Treasury Department, there should be no regulation on interstate shipment and sale of any sporting ammunition.

8. Regulations on importation of firearms for lawful uses should be clearer.

9. The bills would give the Secretary of the Treasury too much authority. The bills should have clear language protecting the rights of sportsmen. The Secretary of the Treasury should be required to hold public hearings for the record before issuing regulations.

The foundation is in favor of stricter enforcement of existing Federal, State, county, and city firearms laws. As nearly 80 percent of the crimes in America are committed by repeat offenders, we would be gratified to see the courts tighten their sentences and parole agencies be more careful of their probations where repeat criminals are concerned.

WITNESS: JOSEPH H. McCRACKEN III, NATIONAL SKEET SHOOTING ASSOCIATION, AMATEUR TRAP SHOOTING ASSOCIATION, TEXAS SKEET SHOOTERS ASSOCIATION, ARKANSAS STATE SKEET SHOOTING ASSOCIATION, CALIFORNIA SKEET ASSOCIATION, DALLAS GUN CLUB

SUMMARY OF STATEMENT

(a) Provisions of bill in violation of article I, section 2, of Constitution, and article II of Bill of Rights;

(b) Prohibit legitimate mail-order purchases by persons living in

remote areas;

(c) Disarming provisions;

(d) Vague and uncertain language in definition section;

(e) Prohibitive increase in licensing fees, the definition section making these increases apply to hand loading;

(f) Unconstitutional delegation of power to the Secretary of the Treasury to make substantive law;

(g) Procedure for registration of guns;