LEGISLATIVE HEARINGS ON S. 2507, "TO AMEND THE GUN CONTROL ACT OF 1968," TO PROHIBIT THE SALE OF "SATURDAY NIGHT SPECIAL" HANDGUNS MONDAY, SEPTEMBER 13, 1971 U.S. SENATE, SUBCOMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY Washington, D.C. The subcommittee (composed of Senators Bayh, Hart, Burdick, Kennedy, Cook, Hruska, Fong, and Mathias) met, pursuant to notice, at 10:15 a.m., in room 2228, New Senate Office Building, Senator Birch Bayh (chairman of the subcommittee) presiding. Present: Senators Bayh and Hruska. Also present: Lawrence Speiser, staff director and chief counsel; William C. Mooney, investigator; John M. Rector, deputy chief counsel; K. Mathea Falco, deputy chief counsel; Mary K. Jolly, chief clerk; Nancy L. Smith, research assistant; B. Elizabeth Marten, secretary, Cheryl A. Wolf, assistant chief clerk; and Stanley Ebner, Esq., for Senator Hruska. Senator BAYH. Let me ask the subcommittee to come to order, please. I will include in the record at this point the texts of the subcommittee's enabling resolution, Senate Resolution 32, and S. 2507, the bill before the subcommittee, for consideration at these hearings along with the text of Public Law 90-618, the Gun Control Act of 1968, which S. 2507 would amend. (The documents were marked "Exhibit Nos. 1 through 3" and are as follows:) [EXHIBIT No. 1] [S. Res. 32, 92d Cong., first sess.] [Report No. 92-11] RESOLUTION Authorizing additional expenditures by the Committee on the Judiciary for inquiries and investigations Resolved, That, in holding hearings, reporting such hearings, and making investigations as authorized by sections 134 (a) and 136 of the Legislative Reorganization Act of 1946, as amended, in accordance with its jurisdiction under rule XXV of the Standing Rules of the Senate, the Committee on the Judiciary, or any subcommittee thereof, is authorized from February 1, 1971, through February 29, 1972, for the purposes stated and within the limitations imposed by the following sections, in its discretion (1) to make expenditures from the contingent fund of the Senate, (2) to employ personnel, and (3) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency. SEC. 2. The Committee on the Judiciary, or any subcommittee thereof, is authorized from February 1, 1971, through February 29, 1972, to expend not to exceed $3,861,300 to examine, investigate, and make a complete study of any and all matters pertaining to each of the subjects set forth below in succeeding sections of this resolution, said funds to be allocated to the respective specfiic inquiries and to the procurement of the services of individual consultants_or organizations thereof (as authorized by section 202 (i) of the Legislative Reorganization Act of 1946, as amended) in accordance with such succeeding sec tions of this resolution. SEC. 3. Not to exceed $325,500 shall be available for a study or investigation of administrative practice and procedure, of which amount not to exceed $2,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 4. Not to exceed $778,100 shall be available for a study or investigation of antitrust and monopoly, of which amount not to exceed $5,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 5. Not to exceed $228,500 shall be available for a study or investigation of constitutional amendments. SEC. 6. Not to exceed $280,000 shall be available for a study or investigation of criminal laws and procedures, of which amount not to exceed $3,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 7. Not to exceed $210,000 shall be available for a study or investigation of criminal laws and procedures. SEC. 8. Not to exceed $9,500 shall be available for a study or investigation of Federal charters, holidays, and celebrations. SEC. 9. Not to exceed $243,500 shall be available for a study or investigation of immigration and naturalization. SEC. 10. Not to exceed $259,400 shall be available for a study or investigation of improvements in judicial machinery. SEC. 11. Not to exceed $620,000 shall be available for a study or investigation of internal security, of which amount not to exceed $3.900 may be expended for the procurement of individual consultants or organizations thereof. SEC. 12. Not to exceed $308,300 shall be available for a study or investigation of juvenile delinquency, of which amount not to exceed $5,800 may be expended for the procurement of individual consultants or organizations thereof. SEC. 13. Not to exceed $140,000 shall be available for a study or investigation of patents, trademarks, and copy rights. SEC. 14. Not to exceed $59,900 shall be available for a study or investigation of national penitentiaries. SEC. 15. Not to exceed $155,000 shall be available for a study or investigation of refugees and escapees. SEC. 16. Not to exceed $63,600 shall be available for a study or investigation of revision and codification. SEC. 17. Not to exceed $180,000 shall be available for a study or investigation of separation of powers between the executive, judicial, and legislative branches of Government, of which amount not to exceed $14.800 may be expended for the procurement of individual consultants or organizations thereof. SEC. 18. The committee shall report its findings, together with such recommendations for legislation as it deems advisable with respect to each study or investigation for which expenditure is authorized by this resolution, to the Senate at the earliest practicable date, but not later than February 29, 1972. SEC. 19. Expenses of the committee under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee. EXHIBIT NO. 2 [S. 2507, 92d Cong., first sess.] A BILL To amend the Gun Control Act of 1968 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 922(b) of the Gun Control Act of 1968 is amended by→ (1) striking out at the end of paragraph 4 thereof the word "and"; (2) striking out at the end of paragraph 5 of such section the period and inserting in lieu thereof a semicolon and the word "and"; and (3) adding after paragraf 5 thereof the following: "(6) any firearm, oft Secretary determine rifle or shotgun, to any person, which the for lawful sporting purposes based upon ⚫ to section 925 (d) of this title." LEGISLATIVE HEARINGS ON S. 2507, "TO AMEND THE GUN CONTROL ACT OF 1968," TO PROHIBIT THE SALE OF "SATURDAY NIGHT SPECIAL" HANDGUNS MONDAY, SEPTEMBER 13, 1971 U.S. SENATE, SUBCOMMITTEE TO INVESTIGATE JUVENILE DELINQUENCY Washington, D.C. The subcommittee (composed of Senators Bayh, Hart, Burdick, Kennedy, Cook, Hruska, Fong, and Mathias) met, pursuant to notice, at 10:15 a.m., in room 2228, New Senate Office Building, Senator Birch Bayh (chairman of the subcommittee) presiding. Present: Senators Bayh and Hruska. Also present: Lawrence Speiser, staff director and chief counsel; William C. Mooney, investigator; John M. Rector, deputy chief counsel; K. Mathea Falco, deputy chief counsel; Mary K. Jolly, chief clerk; Nancy L. Smith, research assistant; B. Elizabeth Marten, secretary, Cheryl A. Wolf, assistant chief clerk; and Stanley Ebner, Esq., for Senator Hruska. Senator BAYH. Let me ask the subcommittee to come to order, please. I will include in the record at this point the texts of the subcommittee's enabling resolution, Senate Resolution 32, and S. 2507, the bill before the subcommittee, for consideration at these hearings along with the text of Public Law 90-618, the Gun Control Act of 1968, which S. 2507 would amend. (The documents were marked "Exhibit Nos. 1 through 3” and are as follows:) [EXHIBIT No. 1] [S. Res. 32, 92d Cong., first sess.] [Report No. 92-11] RESOLUTION Authorizing additional expenditures by the Committee on the Judiciary for inquiries and investigations Resolved, That, in holding hearings, reporting such hearings, and making investigations as authorized by sections 134 (a) and 136 of the Legislative Reorganization Act of 1946, as amended, in accordance with its jurisdiction under rule XXV of the Standing Rules of the Senate, the Committee on the Judiciary, or any subcommittee thereof, is authorized from February 1, 1971, through February 29, 1972, for the purposes stated and within the limitations imposed by the following sections, in its discretion (1) to make expenditures from the contingent fund of the Senate, (2) to employ personnel, and (3) with the prior consent of the Government department or agency concerned and the Committee on Rules and Administration, to use on a reimbursable basis the services of personnel of any such department or agency. SEC. 2. The Committee on the Judiciary, or any subcommittee thereof, is authorized from February 1, 1971, through February 29, 1972, to expend not to exceed $3,861,300 to examine, investigate, and make a complete study of any and all matters pertaining to each of the subjects set forth below in succeeding sections of this resolution, said funds to be allocated to the respective specfiic inquiries and to the procurement of the services of individual consultants_or organizations thereof (as authorized by section 202 (i) of the Legislative Reorganization Act of 1946, as amended) in accordance with such succeeding sec tions of this resolution. SEC. 3. Not to exceed $325,500 shall be available for a study or investigation of administrative practice and procedure, of which amount not to exceed $2,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 4. Not to exceed $778,100 shall be available for a study or investigation of antitrust and monopoly, of which amount not to exceed $5,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 5. Not to exceed $228,500 shall be available for a study or investigation of constitutional amendments. SEC. 6. Not to exceed $280,000 shall be available for a study or investigation of criminal laws and procedures, of which amount not to exceed $3,000 may be expended for the procurement of individual consultants or organizations thereof. SEC. 7. Not to exceed $210,000 shall be available for a study or investigation of criminal laws and procedures. SEC. 8. Not to exceed $9,500 shall be available for a study or investigation of Federal charters, holidays, and celebrations. SEC. 9. Not to exceed $243,500 shall be available for a study or investigation of immigration and naturalization. SEC. 10. Not to exceed $259,400 shall be available for a study or investigation of improvements in judicial machinery. SEC. 11. Not to exceed $620,000 shall be available for a study or investigation of internal security, of which amount not to exceed $3,900 may be expended for the procurement of individual consultants or organizations thereof. SEC. 12. Not to exceed $308,300 shall be available for a study or investigation of juvenile delinquency, of which amount not to exceed $5,800 may be expended for the procurement of individual consultants or organizations thereof. SEC. 13. Not to exceed $140,000 shall be available for a study or investigation of patents, trademarks, and copyrights. SEC. 14. Not to exceed $59,900 shall be available for a study or investigation of national penitentiaries. SEC. 15. Not to exceed $155,000 shall be available for a study or investigation of refugees and escapees. SEC. 16. Not to exceed $63,600 shall be available for a study or investigation of revision and codification. SEC. 17. Not to exceed $180,000 shall be available for a study or investigation of separation of powers between the executive, judicial, and legislative branches of Government, of which amount not to exceed $14.800 may be expended for the procurement of individual consultants or organizations thereof. SEC. 18. The committee shall report its findings, together with such recommendations for legislation as it deems advisable with respect to each study or investigation for which expenditure is authorized by this resolution, to the Senate at the earliest practicable date, but not later than February 29, 1972. SEC. 19. Expenses of the committee under this resolution shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee. EXHIBIT NO. 2 [S. 2507, 92d Cong., first sess.] A BILL To amend the Gun Control Act of 1968 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 922(b) of the Gun Control Act of 1968 is amended by (1) striking out at the end of paragraph 4 thereof the word "and"; (2) striking out at the end of paragraph 5 of such section the period and inserting in lieu thereof a semicolon and the word "and"; and (3) adding after paragraph 5 thereof the following: "(6) any firearm, other than a rifle or shotgun, to any person, which the Secretary determines to be unsuitable for lawful sporting purposes based upon standards established by him pursuant to section 925 (d) of this title." October 22, 1968 - 3 Pub. Law 90-618 tribution; and the term 'licensed manufacturer' means any such person licensed under the provisions of this chapter. "(11) The term 'dealer' means (A) any person engaged in the business of selling firearms or ammunition at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. The term licensed dealer' means any dealer who is licensed under the provisions of this chapter. "(12) The term 'pawnbroker' means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm or ammunition as security for the payment or repayment of money. (13) The term 'collector' means any person who acquires, holds, or disposes of firearms or ammunition as curios or relics, as the Secretary shall by regulation define, and the term 'licensed collector' means any such person licensed under the provisions of this chapter. "(14) The term 'indictment' includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. (15) The term 'fugitive from justice' means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding. "(16) The term 'antique firearm' means "(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (B) any replica of any firearm described in subparagraph (A) if such replica— "(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or "(ii) uses rimfire or conventional centerfire fixed ammuni tion which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. "(17) The term ‘ammunition' means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. "(18) The term 'Secretary or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. (19) The term 'published ordinance' means a published law of any political subdivision of a State which the Secretary determines to be relevant to the enforcement of this chapter and which is contained on a list compiled by the Secretary, which list shall be published in the Federal Register, revised annually, and furnished to each licensee under this chapter. "(20) The term 'crime punishable by imprisonment for a term exceeding one year shall not include (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices as the Secretary may by regulation designate, or (B) any State offense (other than one involving a firearm or explosive) classi fied by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. "(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located. "8922. Unlawful acts "(a) It shall be unlawful "(1) for any person, except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, 82 STAT. 1216 Publication in |