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Homicide-shot and killed by son in law, shot 4 times, also critically wounded was the wife of assailant, two guns available .25 cal. automatic and a .22 cal. revolver.-As of Saturday, October 2, of 210 homicides 173 were by handguns, various types

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Homicide-shot four times by husband, GUARREL. Gun was easily available,

.32 revolver

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Homicide, October 1, 1971-Stephen Brenner, shot and killed at home while defending his 1 year old baby. Shot with small caliber revolver

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Homicide Samuel Brey, shot in the head while sitting in a chair, supposedly committed a burglary the day before. Took to own home and killed. Weapon: .38 caliber 5-shot revolver

Senator BAYH. Thank you very much. We appreciate your being here with us and the responses that you made.

Mr. JOYCE. Glad to be here, Senator. I hope it does some good. (Mr. Joyce's prepared statement is as follows:)

Hon. BIRCH BAYH,

CITY OF CLEVELAND,
September 8, 1971.

Senator, U.S. Senate, Chairman, Subcommittee to Investigate Juvenile Delinquency, Washington, D.C. DEAR SENATOR BAYH: Lieutenant Ralph M. Joyce in command of the Homicide Unit of the Cleveland Police Department, Cleveland, Ohio, will be available to appear before the Subcommittee To Investigate Juvenile Delinquency on September 14, 1971-Room 2228-New Senate Office Building-Washington, D.C. per your requests.

The following information is respectfully submitted with reference to Testimony which Lieutenant Ralph M. Joyce will be prepared to deliver at this Hearing:

Statistics of Homicides which have been perpetrated in the City of Cleveland, Ohio, beginning January 1, 1971 to the present date, in which the use of Firearms have been attributed to these Violent Deaths.

The Cleveland Police Department, Homicide Unit, has been charged with the Investigation of (192) Homicides which have occurred under their jurisdiction. This total number of Homicides include those which have been Solved or have been Cleared by Arrests. Homicides which have been ruled Justifible. Those that are presently under Investigation and listed as Unsolved.

70-707 O 7221

Of the total number of Homicides (192), 152 of the Victims had met their demise in a violent manner, due to the use of some type of Firearm. 136 Homicides have been attributed to Hand Guns (Revolvers or Pistols). 11 Deaths resulted in the use of Shotguns, 5 Deaths were caused by the use of Rifles.

The availability in the purchasing of Inexpensive Small Caliber Hand Guns by Individuals which are being used to commit Crimes Against Persons, such as Homicides, Suicides, Shootings, Robberies, Aggravated Assaults is evident in the increase of these Crimes.

The lack of needed restrictions in the Law prior to 1968, made the mass importation of Cheap Foreign Made Guns into the United States a contributing factor.

With the Amending of Title 18, United States Code, Public Law 90-618, 90th Congress, 1968, dea ing with the importation of Foreign Made Weapons into the United States, was a step in the right direction. However, material replacement parts for weapons can be shipped into the States with little or no restrictions. These so called replacement parts are later completely assembled by various Firearm Companies and are available for sale.

These Foreign Made Guns are relatively inexpensive. For example 22 Caliber Revolvers and Pisto's range in Price from $26.00 to $44.00. The difference in price being the type of finish (Parkerized-Nickel Plated-Blue Steel) or a various type of grip on the weapon (Plastic-Wooden-Pearl).

Typical Foreign Hand Guns, such as the Rohm RG 14 may be purchased for $36.95. The Rohm RG 23 may be purchased for $39.95.

Other Foreign Make Hand Guns of a larger Caliber, such as 32 and 38 Revolvers or Pistols are priced for sale from $59 to $89.

That any individual supposedly over the Age of twenty one (21) may go to a Federally Licensed Gun Dealer and purchase over the counter any type of Hand Gun. "No questions Asked."

The Individual who is desirous to purchase a Hand gun, need only to go to the Gun Dealer, pick out the weapon of His or Her choice. Then fill out a Federal Form 4473, Firearm Transaction Record, Sign the application sworn under Oath that He or She has never been convicted of a Felony Crime or sentenced other than a Traffic Misdemeanor, That He is not a Suspicious Person, Vagabond, Vagrant, or Transient, and that He is over the age of (21).

There is no Affidavit needed by the Individual, to Attest his Statement that He is not a Felon nor has been convicted of a State or Federal Law. No Police check is required of this Applicant-either Local, State or Federal. The only requirement is that the Individual produce a Valid State Drivers License or a Draft Card. Moreover to expedite this weapon purchase, Gun Dealers have on hand a Notary Public on the premises who immediately attest the application of the Individual purchaser that He is telling the Truth as put forward in the application.

It is an opinion, due to facts as presented above, That an Individual who desires to purchase a Hand Gun for his personal use, To go to The Local Police Department, Fill out an application, explaining why He has use for a certain type of Hand Gun, That then a Police Record Check be made by the Police, Locally, State, Federal. Further that a Waiting or Cooling off period be also incorporated before an Affidavit to purchase a Weapon is issued.

It is too late, after an undesirable purchases a Firearm with out a SecurityRecord-Age Check, to walk from the Store with a weapon and ammunition and then commit Personal Violence upon some unsuspecting Citizens or harm to Himself.

Statistical Records will be made available to the Members of this Subcommittee. Respectfully,

LT. RALPH M. JOYCE.

STATEMENT OF MAXWELL E. RICH, EXECUTIVE VICE PRESIDENT, NATIONAL RIFLE ASSOCIATION; ACCOMPANIED BY FRANK C. DANIEL, SECRETARY OF THE NRA, AND, JACK BASIL, NRA

Senator BAYH. The next witness is Mr. Maxwell E. Rich, executive vice president of the National Rifle Association.

Mr. Rich, we appreciate your taking the time to let us have your testimony.

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