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198 "and, as I told your young friend, I've been trying for some time to bag the men at the summer camp. They number quite a few, and if they don't do anything worse, they run a gambling game there. I'm pretty sure, if the bank robbers are in this vicinity, they're in that camp. Of course all the men there may not have been engaged in looting the vault, and they may not all know of it, but it won't do any harm to round-up the whole bunch."

After a tour of the craft, and waiting to take a little refreshment with his new friends, the sheriff left, promising to come as early on the morrow as possible.

"Let's go to bed," suggested Mr. Sharp, after a bit. "We've got hard work ahead of us to-morrow."

They were up early, and, in the seclusion of the little glade in the woods, Tom and Mr. Sharp went over every part of the airship.

The sheriff arrived about nine o'clock, and announced that he had started off through the woods, to surround the camp, twenty-five men.

"They'll be there at noon," Mr. Durkin said, "and will close in when I give the signal, which will be two shots fired. I heard just before I came here that there are some new arrivals at the camp."

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PUBLIC LAW 90-351-JUNE 19, 1968 PART F — DEFINITIONS

SEC. 601. As used in this title— (a) "Law enforcement-" means all activities pertaining to crime prevention or reduction and enforcement of the criminal law. (b) "Organized crime" means the unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. (c) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the Ignited States. (d) "Unit of general local government" means any city, county, township, town, borough, parish, village, or other general purpose )olitical subdivision of a State, or an Indian tribe which performs aw enforcement functions as determined by the Secretary of the Interior. (e) "Combination" as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a law enforcement plan. (f) "Construction" means the erection, acquisition, expansion, or repair (but not including minor remodeling or minor repairs) of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor. (g) "State organized crime prevention council" means a council composed of not more than seven persons established pursuant to State law or established by the chief executive of the State for the purpose of this title, or an existing agency so designated, which council shall be broadly representative of law enforcement officials within such State and whose members by virtue of their training or experience shall be knowledgeable in the prevention and control of organized crime. (h) "Metropolitan area" means a standard metropolitan statistical area as established by the Bureau of the Budget, subject, however, to such modifications and extensions as the Administration may determine to be appropriate. (i) "Public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing. (j) "Institution of higher education" means any such institution as defined by section 801(a) of the Higher Education Act of 1965 (79 Stat. 1269; 20 LT.S.C. 1141 (a)), subject, however, to such modifications and extensions as the Administration may determine to be appropriate. (k) "Community service officer" means any citizen with the capacity, motivation, integrity, and stability to assist in or perform police work but who may not meet ordinary standards for employment as a regular police officer selected from the immediate locality oi the police department of which he is to be a part, and meeting such other qualifications promulgated in regulations pursuant to section 501 as the administration may determine to be appropriate to further the purposes of section 301(b)(7) and this Act.

f

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[82 STAT.

po.t.p. 638.

TITLE II—ADMISSIBILITY OF CONFESSIONS, REVIEWABILITY OF ADMISSION IN EVIDENCE OF CONFESS I O N S IN S T A T E C A S E S, A D M I S S I B I L I T Y I N E VI D E N C E OF E Y E WITNESS TESTIMONY, AND PROCEDURES IN OBTAINING WRITS OF HABEAS CORPUS

62 Stat. 8 3 3; 71 Stat. 595.

SEC. 701. (a) Chapter 223, title 18, United States Code (relating to witnesses and evidence), is amended by adding at the end thereof the following new sections: "§3501. Admissibility of confessions " (a) I n any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances. "(b) The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including (1) the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of this offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could he used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel; and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. "The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession. "(c) In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a commissioner or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such commissioner or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such commissioner or other officer. " (d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention.

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"(e) As used in this section, llie term 'confession' means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing. "§3502. Admissibility in evidence of eye witness testimony "The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court ordained and established under article III of the Constitution of the Lnited States." (b) The section analysis of that chapter is amended by adding at the end thereof the following new items: "3.">01. Admissibility of confessions. '"3502. Admissibility in evidence of eye witness testimony."

TITLE: III—WIRP:TAPPING AND ELECTRONIC SURVEILLANCE FINDINGS

SEC. 801. On the basis of its own investigations and of published studies, the Congress makes the following findings: (a) Wire communications are normally conducted through the use of facilities which form part of an interstate network. The same facilities are used for interstate and intrastate communications. There has been extensive wiretapping carried on without legal sanctions, and without the consent of any of the parties to the conversation. Electronic, mechanical, and other intercepting devices are being used to overhear oral conversations made in private, without the consent of any of the parties to such communications. The contents of these communications and evidence derived therefrom are bein^ used by public and private parties as evidence in court and administrative proceedings, and by persons whose activities affect interstate commerce. The possession, manufacture, distribution, advertising, and use of these devices are facilitated by interstate commerce. (b) In order to protect effectively the privacy of wire and oral communications, to protect the integrity of court and administrative proceedings, and to prevent the obstruction of interstate commerce, it is necessary for Congress to define on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized, to prohibit any unauthorized interception of such communications, and the use of the contents thereof m evidence in courts and administrative proceedings. (c) Organized criminals make extensive use of wire and oral communications in their criminal activities. The interception of such communications to obtain evidence of the commission of crimes or to prevent their commission is an indispensable aid to law enforcement and the administration of justice. (d) To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court. Interception of wire and oral communications should further be limited to certain major types of offenses and specific categories of

211 "confession."

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62 Stat. 684.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

crime with assiiraiiees that the interception is justified and that the information obtained thereby will not be misused. SKC. 802. Part I of title 18, United States Code, is amended by adding at the end the following new chapter: "Chapter 119. WIRE INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS "Sec. ••2r)10. Definitions. "2.'>11. Interception and disclosure of wire or oral conimunications prohibited. '•2r»12. Manufacture, distribution, possession, and advertising of wire or oral communication intercepting devices prohibited. "2">13. Conflscati(m of wire or oral communication intercepting devices. '•2i>14. Immunity of witnesses. ••2r>ir). Prohibition of use as evidence of intercepted wire or oral communications. "2516. Authorization for interception of wire or oral conununications. ••2.")17. Authorization for disclosure and use of intercepted wire or oral communications. "2518. Pr(K'edure for interception of wire or oral communications. "2519. ReiM)rts concerning intercepted wire or oral communications. "2520. Recovery of civil damages authorized.

"§2510. Definitions "As used in this chapter— "(1) 'wire communication' means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities for the transmission of interstate or foreign communications; "(2) 'oral communication' means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; "(3) 'State' means any State of the United States, the District of Columbia, the (Commonwealth of Puerto Rico, and any territory or possession of the United States; "(4) 'intercept' means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical, or other device. "(5) 'electronic, mechanical, or other device' means any device or apparatus which can be used to intercept a wire or oral communication other than— " (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or lawenforcement officer in the ordinary course of his duties; "(b) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; "(6) 'person' means any employee, or agent of the Ignited States or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation; "(7) 'Investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for ott'enses enumerated in this chapter, and any attorney

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authorized by law to prosecute or participate in the prosecution of such offenses; "(8) 'contents', when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication; "(9) 'Judge of competent jurisdiction' means— " (a) a judge of a United States district court or a United States court of appeals; and " (b) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire or oral communications; "(10) 'communication common carrier' shall have the same meaning which is given the term 'common carrier' by section 48 Stat. 1066. 153(h) of title 47 of the United States Code; and "(11) 'aggrieved person' means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed. "§ 2511. Interception and disclosure of wire or oral communications prohibited "(1) Except as otherwise specifically provided in this chapter any person who— " (a) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire or oral communication; " (b) willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— " (i) such device is affixed to, or otherwise transmits a s i ^ a l through, a wire, cable, or other like connection used in wire communication; or "(ii) such device transmits communications by radio, or interferes with the transmission of such communication; or "(iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or ^'.'^' _ ' "(iv) such use or endeavor to use (A) takes place on the '• premises of any business or other commercial establishment ' '' the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial ^"^ establishment the operations of which affect interstate or foreign commerce; or " (v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;" "(c) willfully discloses, or endeavors to disclose, to any other person the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this subsection; or " (d) willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this subsection; shall be fined not more than $10,000 or imprisoned not more than five ^^^^ity years, or both.

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48 Stat. 1064.

Post,

p. 223.

[82 STAT.

" (2)(a) I t shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of any communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication: Provided, That said communication common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks. " (b) I t shall not be unlawful under this chapter for an officer, emploj'ee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained. "(c) I t shall not be unlawful under this chapter for a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. " (d) I t shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire or oral communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State or for the purpose of committing any other injurious act. " (3) Nothing contained in this chapter or in section 605 of the Communications Act of 1934 (48 Stat. 1143; 47 U.S.C. 605) shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities. Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government. The contents of any wire or oral communication intercepted by authority of the President in the exercise of the foregoing powers may be received in evidence in any trial hearing, or other proceeding only where such interception was reasonable, and shall not be otherwise used or disclosed except as is necessary to implement that power. "§2512. Manufacture, distribution, possession, and advertising of wire or oral communication intercepting devices prohibited " (1) Except as otherwise specifically provided in this chapter, any person who willfully— " (a) sends through the mail, or sends or carries in interstate or foreign commerce, any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire or oral communications;

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" (b) manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of w4re or oral communications, and that such device or any component thereof has been or will be sent through the mail or transported in interstate or foreign commerce; or "(c) places in any newspaper, magazine, handbill, or other publication any advertisement of— " (i) any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire or oral communications; or "(ii) any other electronic, mechanical, or other device, where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire or oral communications, knowing or having reason to know that such advertisement will be sent through the mail or transported in interstate or foreign commerce, shall be fined not more than $10,000 or imprisoned not more than five Penalty. years, or both. "(2) It shall not be unlawful under this section for— " (a) a communications common carrier or an officer, agent, or employee of, or a person under contract with, a communications common carrier, in the normal course of the communications common carrier's business, or " (b) an officer, agent, or employee of, or a person under contract with, the United States, a State, or a political subdivision thereof, in the normal course of the activities of the United States, a State, or a political subdivision thereof, to send through the mail, send or carry in interstate or foreign commerce, or manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire or oral communications. "§ 2513. Confiscation of wire or oral communication intercepting devices "Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of section 2511 or section 2512 of this chapter may be seized and forfeited to the United States. All provisions of law relating to (1) the seizure, summary and judicial forfeiture, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws contained in title 19 of the United States Code, (2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof, (3) the remission or mitigation of such forfeiture, (4) the compromise of claims, and (5) the award of compensation to informers in respect of such forfeitures, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions of this section; except that such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels, vehicles, merchandise, and baggage under the provisions of the customs laws contained in title 19 of the United States Code shall be performed with respect to seizure and forfeiture of electronic, mechanical, or other intercepting devices

96-600 O - 69 - 17

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under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General. "§ 2514. Immunity of witnesses "Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any ca,se or proceeding before any grand jury or court of the United States involving any violation of this chapter or any of the offenses enumerated in section 2516, or any conspiracy to violate this chapter or any of the offenses enumerated in section 2516 is necessary to the public interest,.such United States attorney, upon the approval of the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and upon order of the court.such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. No such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding (except in a proceeding described in the next sentence) against him in any court. No witness shall be exempt under this section from pro,secution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section. "§ 2515. Prohibition of use as evidence of intercepted wire or oral communications "Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. "§ 2516. Authorization for interception of wire or oral communications "(1) The Attorney General, or any Assistant Attorney General specially designated by the Attorney General, may authorize an application to a Federal judge of competent jurisdiction for, and such judge may grant in conformity with section 2518 of this chapter an order authorizing or approving the interception of wire or oral communications by the Federal Bureau of Investigation, or a Federal agency having responsibility for the investigation of the offense as to which the application is made, Avhen such interception may provide or has provided evidence of— " (a) any offense punishable by death or by imprisonment for more than one year under sections 2274 through 2277 of title 42 of the United States Code (relating to the enforcement of the 68 Stat. 958. Atomic Energy Act of 1954), or under the following chapters of 68^813^^2^16^' ^^^^ title: chapter 37 (relating to espionage), chapter 105 (relat62 Stat! 807;' ing to Sabotage), chapter 115 (relating to treason), or chapter 102 Ante, p. 75. (relating to riots); "(b) a violation of section 186 or section 501(c) of title 29, 73^stat°535^^537 United States Code (dealing with restrictions on payments and loans to labor organizations), or any offense which involves mur-

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der, kidnapping, robbery, or extortion, and which is punishable under this title; "(c) any offense which is punisliable under the following sections of this title: section 201 (bribery of public officials and witnesses), section 224 (bribery in sporting contests), section 1084 (transmission of wagering information), section 1503 (influencing or injuring an officer, juror, or witness generally), section 1510 (obstruction of criminal investigations), section 1751 (Presidential assassinations, kidnapping, and assault), section 1951 (interference with commerce by threats or violence), section 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), section 1954 (offer, acceptance, or solicitation to influence operations of employee benefit plan), section 659 (theft from interstate shipment), section 664 (embezzlement from pension and welfare funds), or sections 2314 and 2315 (interstate transportation of stolen property); " (d) any offense involving counterfeiting punishable under section 471, 472, or 473 of this title; "(e) any offense involving bankruptcy fraud or the manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic drugs, marihuana, or other dangerous drugs, punishable under any law of the United States; "(f) any offense including extortionate credit transactions under sections 892, 893, or 894 of this title; or " (g) any conspiracy to commit any of the foregoing offenses. "(2) The principal prosecuting attorney of any State, or the principal prosecuting attorney of any political subdivision thereof, if such attorney is authorized by a statute of that State to make application to a State court judge of competent jurisdiction for an order authorizing or approving the interception of wire or oral communications, may apply to such judge for, and such judge may grant in conformity with section 2518 of this chapter and with the applicable State statute an order authorizing, or approving the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when such interception may provide or has provided evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, extortion, or dealing in narcotic drugs, marihuana or other dangerous drugs, or other crime dangerous to life, limb, or property, and punishable by imprisonment for more than one year, designated in any applicable State statute authorizing such interception, or any conspiracy to commit any of the foregoing offenses. "§ 2517. Authorization for disclosure and use of intercepted wire or oral communications '• (1) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure. " (2) Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or oral communication or evidence derived therefrom may use such contents to the extent such use is appropriate to the proper performance of his official duties. "(3) Any person who has received, by any means authorized by this chapter, any information concerning a wire or oral communica-

217

^6 Stat. 1119; 52 Stat. 769I si Stat. 362; 52 Stat. 793; 75 Stat. 498; H HH' 729; 76 Stat. 41; ^^ ^*°*- ^''^•

62 Stat. 705

^"te. p. 159.

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tion, or evidence derived therefrom intercepted in accordance with the provisions of this chapter may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding in any court of the United States or of any State or in any Federal or State grand jury proceeding. "(4) No otherwise privileged wire or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. "(5) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner authorized herein, intercepts wire or oral conmiunications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (8) of this section when authorized or approved by a judge of competent jurisdiction where such judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of this chapter. Such application shall be made as soon as practicable. "§2518. Procedure for interception of wire or oral communications "(1) Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing upon oath or affirmation to a judge of competent jurisdiction and shall state the applicant's authority to make such application. Each application shall include the following information: " (a) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application; ''(b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued, including (i) details as to the particular oifense that has been, is being, or is about to be committed, (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted; "(c) a full and complete statement as to whether or not other investigative procedures have been tried and failed or wby they reasonably appear to be unlikely to succeed if tried or to be too dangerous; " (d) a statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; "(e) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities or

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Rh "Maybe those are the men I overheard talking in the office building," suggested Tom. "They probably came to get their share. Well, we must swoop down on them before they have time to distribute the money."

"That's what!" agreed the county official. Mr. Durkin was even more impressed by the airship in the daytime than he had been at night. He examined every part, and when the time came to start, he was almost as unconcerned as any of the three travelers who had covered many hundreds of miles in the air.

"This is certainly great!" cried the sheriff, as the airship rose swiftly under the influence of the powerful gas.

As the craft went higher and higher his enthusiasm grew. He was not the least afraid, but then Sheriff Durkin was accounted a nervy individual under all circumstances.

"Lay her a little off to the left," the officer advised Tom who was at the steering wheel. "The main camp is right over there. How long before we will reach it?"

"We can get there in about fifteen minutes, if we run at top speed," answered the lad, his hand on the switch that controlled the motor. "Shall we?"

"No use burning up the air. Besides, my men

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places specified in the application, and the action taken by the judge on each such application; and "(f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results. "(2) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. "(3) Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire or oral communications within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines on the basis of the facts submitted by the applicant that— " (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in section 2516 of this chapter; "(b) there is probable cause for belief that particular communications concerning that offense will be obtained through such interception; "(c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; " (d) there is probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be intercepted are being used, or are about to be used, in connection wnth the commission of such offense, or are leased to, listed in the name of, or commonly used by such person. "(4) Each order authorizing or approving the interception of any wire or oral communication shall specify— " (a) the identity of the person, if known, whose communications are to be intercepted; " (b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted; "(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates; " (d) the identity of the agency authorized to intercept the communications, and of the person authorizing the application; and "(e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. "(5) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days.

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[82 STAT.

"(6) Whenever an order authorizing interception is entered pursuant to this chapter, the order may require reports to be made t€ the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. "(7) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, Avho reasonably determines that— " (a) an emergency situation exists with respect to conspiratorial activities threatening the national security interest or to conspiratorial activities characteristic of organized crime that requires a wire or oral communication to be intercepted before an order authorizing such interception can with due diligence be obtained, and "(b) there are grounds upon which an order could be entered under this chapter to authorize such interception, may intercept such wire or oral communication if an application for an order approving the interception is made in accordance with this section within forty-eight hours after the interception has occurred, or begins to occur. In the absence of an order, such interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event such application for approval is denied, or in any other case where the interception is termmated without an order having been issued, the contents of any wire or oral communication intercepted shall be treated as having been obtained in violation of this chapter, and an inventory shall be served as provided for in subsection (d) of this section on the person named in the application. " (8)(a) The contents of any wire or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the 6xpiration of the period of the order, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections (1) and (2) of section 2517 of this chapter for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection (8) of section 2517. "(b) Applications made and orders granted under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only u^wn a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years. "(c) Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying judge. " (d) Within a reasonable time but not later than ninety days after the filing of an application for an order of approval vmder section

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'2518(7) {h) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted connnunications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of— " (1) the fact of the entry of the order or the application; "'{•2) the date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and •'(3) the fact that during the period wire or oral communications were or were not intercepted. The judge, upon the filing of a motion, may in his discretion make a\'ailable to such person or his counsel for inspection such portions of the intercepted connnunications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of competent jurisdiction the serving of the in\'entory required by this subsection may be postponed. ''(9) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a Federal or State court unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This ten-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information. "(10)(a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the Ignited States, a State, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that— "(i) the communication was unlawfully intercepted; " (ii) the order of authorization or approval under which it was intercepted is insufficient on its face; or "(iii) the interception was not made in conformity with the order of authorization or approval. Such motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice. "(b) In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion to suppress made under i^aragraph (a) of this subsection, or the denial of an application for an order of approval, if the United States attorney shall certify to the judge or other official granting such motion or denying such application that the appeal is not taken for purposes of delay. Such appeal shall be taken within thirty days after the date the order Avas entered and shall be diligently prosecuted.

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[82 STAT.

"§ 2519. Reports concerning intercepted wire or oral communications ''(1) Within thirty days after the expiration of an order (or each extension thereof) entered under section 2518, or the denial of an order approving an interception, the issuing or denying judge shall report to the Administrative Office of the United States Courts^— " (a) the fact that an order or extension was applied for; "(b) the kind of order or extension applied for; "(c) the fact that the order or extension was granted as applied for, was modified, or was denied; " (d) the period of interceptions authorized by the order, and the number and duration of any extensions of the order; "(e) the offense specified in the order or application, or extension of an order; "(f) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and "(g) the nature of the facilities from which or the place where communications were to be intercepted. "(2) In January of each year the Attorney General, an Assistant Attorney General specially designated by the Attorney General, or the principal prosecuting attorney of a State, or the principal prosecuting attorney for any political subdivision of a State, shall report to the Administrative Office of the United States Courts— " (a) the information required by paragraphs (a) through (g) of subsection (1) of this section with respect to each application for an order or extension made during the preceding calendar year; "(b) a general description of the interceptions made under such order or extension, including (i) the approximate nature and frequency of incriminating communications intercepted, (ii) the approximate nature and frequency of other communications intercepted, (iii) the approximate number of persons whose communications were intercepted, and (iv) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions; "(c) the number of arrests resulting from interceptions made under such order or extension, and the offenses for which arrests were made; " (d) the number of trials resulting from such interceptions; "(e) the number of motions to suppress made with respect to such interceptions, and the number granted or denied; "(f) the number of convictions resulting from such interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions; and " ( ^) the information required by paragraphs (b) through (f) of this subsection with respect to orders or extensions obtained in a preceding calendar year. " (^) I ^ April of each year the Director of the Administrative Office of the United States Courts shall transmit to the Congress a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire or oral communications and the number of orders and extensions granted or denied during the preceding calendar year. Such report shall include a summary and analysis of the data required to be filed with the Administrative Office by subsections (1) and (2) of this section. The Director of the Administrative Office of the United States Courts is authorized to

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issue binding regulations dealing with the content and form of the reports required to be filed by subsections (1) and (2) of this section. "§2520. Recovery of civil damages authorized "Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this chapter shall (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications, and (2) be entitled to recover from any such person— " (a) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; " (b) punitive damages; and "(c) a reasonable attorney's fee and other litigation costs reasonably incurred. A good faith reliance on a court order or on the provisions of section 2518(7) of this chapter shall constitute a complete defense to any civil or criminal action brought under this chapter." SEC. 803. Section 605 of the Communications Act of 1934 (48 Stat. 1103; 47 U.S.C. 605) is amended to read as follows: " U N A U T H O R I Z E D P U B L I C A T I O N O F COMMUJflCATIONS

"SEC. 605. Except as authorized by chapter 119, title 18, United States Code, no person receiving, assisting in receiving, transmitting, or assisting in transmitting, any interstate or foreign communication by wire or radio shall divulge or publish the existence, contents, substance, i^urport, effect, or meaning thereof, except through authorized channels of transmission or reception, (1) to any person other than the addressee, his agent, or attorney, (2) to a person employed or authorized to forward such communication to its destination, (3) to proper accounting or distributing officers of the various communicating centers over which the communication may be passed, (4) to the master of a ship under whom he is serving, (5) in response to a subpena issued by a court of competent jurisdiction, or (6) on demand of other lawful authority. No person not being authorized by the sender shall intercept any radio communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person not being entitled thereto shall receive or assist in receiving any interstate or foreign communication by radio and use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. No person having received any intercepted radio communication or having become acquainted with the contents, substance, purport, effect, or meaning of such communication (or any part thereof) knowing that such communication was intercepted, shall divulge or publish the existence, contents, substance, purport, effect, or meaning of such communication (or any part thereof) or use such communication (or any information therein contained) for his own benefit or for the benefit of another not entitled thereto. This section shall not apply to the receiving, divulging, publishing, or utilizing the contents of any radio communication which is broadcast or transmitted by amateurs or others for the use of the general public, or which relates to ships in distress." SEC. 804. (a) There is hereby established a National Commission for the Review of Federal and State Laws Relating to Wiretapping and Electronic Surveillance (hereinafter in this section referred to as the "Commission").

Ante,

p. 212.

Wiretapping laws, review commission. Establishment.

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 224 Membership.

Personnel.

80 Stat. 378.

5 USC 5101, 5331.

80 Stat. 416.

Compensation.

Cooperation of Federal and State agencies.

Report to P r e s ident and Congress.

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[82 STAT.

(b) The Commission shall be composed of fifteen members appointed as follows: (A) Four appointed by the President of the Senate from Members of the Senate; (B) Four appointed by the Speaker of the House of Representatives from Members of the House of Representatives; and (C) Seven appointed by the President of the United States from all seg-ments of life in the United States, including lawyers, teachers, artists, businessmen, newspapermen, jurists, policemen, and community leaders, none of whom shall be officers of the execvitive branch of the Government. (c) The President of the United States shall designate a Chairman from among the members of the Commission. Any vacancy in the Commission.shall not alfect its powers but shall be filled in the same manner in which the original appointment was made. (d) It shall be the duty of the Commission to conduct a compreliensive study and review of the operation of the provisions of this title, in eifect on the effective date of this section, to determine the effectiveness of such provisions during the six-year period immediately following the date of their enactment. (e)(1) Subject to such rules and regulations as may be adopted by the Commission, the Chairman shall have the power to— (A) appoint and fix the compensation of an Executive Director, and such additional staff' personnel as he deems necessary, without regard to the provisions of title 5, Ignited States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title; and (B) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code, but at rates not to exceed $100 a day for individuals. (2) In making appointments pursuant to paragraph (1) of this subsection, the Chairman shall include among his appointment individuals determined by the (chairman to be competent social scientists, lawyers, and law enforcement officers. (f)(1) A member of the Commission who is a Member of Congress shall serve without additional compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission. (2) A member of the Commission from private life shall receive $100 per diem when engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties. (g) Each department, agency, and instrumentality of the executive branch of the Government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman, such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this section. The Chairman is further authorized to call upon the departments, agencies, and other offices of the several States to furnish such statistical data, reports, and other information as the Commission deems necessary to carry out its functions under this section. (h) The Commission shall make such interim reports as it deems advisable, and it shall make a final report of its findings and recommendations to the President of the United States and to the Congress within the one-year period following the effective date of this sub-

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section. Sixty days after submission of its final report, the Commission shall cease to exist. (i)(1) Except as provided in paragraph (2) of this subsection, any member of the Commission is exempted, with respect to his appointment, from the operation of sections 203, 205, 207, and 209 of title 18, United States Code. (2) The exemption granted by paragraph (1) of this subsection shall not extend— (A) to the receipt of payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment, or (B) during the period of such appointment, to the prosecution, by any person so appointed, of any claim agamst the Government involving any matter with which such person, during such period, is or was directly connected by reason of such appointment. (j) There is authorized to be appropriated such sum as may be necessary to carry out the provisions of this section. -(k) The foregoing provisions of this section shall take effect upon the expiration of the six-year period immediately following the date of the enactment of this Act. TITLE IV — S T A T E F I R E A R M S CONTROL A S S I S T A N C E FINDINGS AND DECLARATION

SEC. 901. (a) The Congress hereby finds and declares— (1) that there is a widespread traffic in firearms moving in or otherwise affecting interstate or foreign commerce, and that the existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power; (2) that the ease with which any person can acquire firearms other than a rifle or shotgun (including criminals, juveniles without the knowledge or consent of their parents or guardians, narcotics addicts, mental defectives, armed groups who would supplant the functions of dulv constituted public authorities, and others whose possession 01 such weapons is similarly contrary to the public interest) is a significant factor in the prevalence of lawlessness and violent crime in the United States; (3) that only through adequate Federal control over interstate and foreign commerce in these weapons, and over all persons engaging in the businesses of importing, manufacturing, or dealing in them, can this grave problem be properly dealt with, and effective State and local regulation of this traffic be made possible; (4) that the acquisition on a mail-order basis of firearms other than a rifle or shotgun by nonlicensed individuals, from a place other than their State of residence, has materially tended to thwart the effectiveness of State laws and regulations, and local ordinances; (5) that the sale or other disposition of concealable weapons by importers, manufacturers, and dealers holding Federal licenses, to nonresidents of the State in which the licensees' places of business are located, has tended to make ineffective the laws, regulations, and ordinances in the several States and local jurisdictions regarding such firearms; (6) that there is a causal relationship between the easy availability of firearms other than a rifle or shotgun and juvenile and

225 Termination. Conflict of interest.

76 Stat. 1121.

Effective date.

5

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[82 STAT.

62 Stat. 743.

youthful criminal beliiivior, and that such firearms have been widely sold by federally licensed importers and dealers to emotionally immature, or thrill-bent juveniles and minors prone to criminal behavior; (7) that the United States has I)ecome the dumping ground of the castolf surplus military weapons of other nations, and that such weapons, and the large volume of relatively inexpensive pistols and revolvers (largely worthless for sporting purposes), imported into the United States in recent years, has contributed greatly to lawlessness and to the Nation's law enforcement problems; (8) that the lack of adequate Federal control over interstate and foreign commerce in highly destructive weapons (such as bazookas, mortars, antitank guns, and so forth, and destructive devices such as explosive or incendiary grenades, bombs, missiles, and so forth) has allowed such weapons and devices to fall into the hands of lawless persons, including armed groups who would supplant lawful authority, thus creating a problem of national concern; (9) that the existing licensing system under the Federal Firearms Act does not provide adequate license fees or proper standards for the granting or denial of licenses, and that this has led to licenses being issued to persons not reasonably entitled thereto, thus distorting the purposes of the licensing system. (b) The Congress further hereby declares that the purpose of this title is to cope with the conditions referred to in the foregoing subsection, and that it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trap shooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful pui"poses, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and ett'ectuate the provisions of this title. SEC. 902. Title 18, United States Code, Is amended by inserting after section 917 thereof the following new chapter:

^ ° ^ ' p 1214

Chapter 44.—FIREARMS

52 Stat. 1250. 15 USC 909.

"Sec. "5)21. ^•922. "923. "924. '•925. '•920. "927. "928.

Definitions. Unlawful acts. Licensing. Penalties. Exceptions: Relief from disabilities. Rules and regulations. Effect on State law. Separability clause.

"§921. Definitions '"(a) As used in this chapter— "(1) The term 'person' and the term 'whoever includes any individual, corporation, company, association, firm, partnership, society, or joint stock company. "(2) The term 'interstate or foreign commerce' includes commerce between any State or possession (not including the Canal Zone) and any place outside thereof; or l)etween points within the same State or possession (not including the Canal Zone), but through any place outside thereof; or within any possession or the District of Columbia.

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The term 'State' shall include the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia. "(3) The term 'firearm' means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; or any destructive device. " (4) The term 'destructive device' means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive and having any barrel with a bore of one-half inch or more in diameter. "(5) The term 'shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger. "(6) The term 'short-barreled shotgun' means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches. "(7) The term 'rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. "(8) The term 'short-barreled rifle' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (Avhether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches. "(9) The term 'importer' means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution; and the term 'licensed importer' means any such person licensed under the provisions of this chapter. "(10) The term 'manufacturer' means any person engaged in the manufacture of firearms or ammunition for purposes of sale or distribution; 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 such 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. "(Ie3) The term 'indictment' includes an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted. "(14) The term 'fugitive from justice' means any person who has fled from any State or possession to avoid prosecution for a crime

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punishable by iniprisoinneiit for a term exceeding one year or to avoid giving testimony in any criminal proceeding. "(15) The term 'antique firearm' means any firearm manufactured in or before 1898 (including any matchlock, fiintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1898; and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States; and is not readily available in the ordinary channels of commercial trade. device; it shall not include shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. "(17) The term 'Secretary' or 'Secretary of the Treasury' means the Secretary of the Treasury or his delegate. "(18) The term 'published ordinance' means a published law of any political subdivision of a State which the Secretary of the Treasury determines to be relevant to the enforcement of this chapter and which is contained on a list compiled by the Secretary of the Publication in Treasury which list shall be published in the Federal Register, revised Fe era Register, ^j^j^^^r^^jy^ ^ud fumislied to each liceusee under this chapter. "(b) As used in this chapter— "(1) The term 'firearm' shall not include an antique firearm. "(2) The term 'destructive device' shall not include— " (A) a device which is not designed or redesigned or used or intended for use as a weapon; or " (B) any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, linethrowing, safety or similar device; or " (C) any shotgun other than a short-barreled shotgun; or " (D) any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game; or " (E) surplus obsolete ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of sections 468-1(2), 4685, or 4686 of title 10, United States 70A Stat. 263. Code; Or " (F) any other device which the Secretary finds is not likely to be used a.s a weapon. "(3) The term 'crime punishable by imprisonment for a term exceeding one year' shall not include 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. "§ 922. Unlawful acts " (a) I t shall be unlawful— " (1) for any person, except a licensed importer^ licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or ammunition, or in the course of such business to ship, transport, or receive any firearm or ammunition in interstate or foreign commerce. "(2) for any importer, manufacturer, or dealer licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce, any firearm other than a rifle or shotgun, or ammunition to any person other than a licensed importer, licensed manufacturer, or licensed dealer, except that— " (A) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer
 * '(16) The term 'amnmnition' means ammunition for a destructive

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from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; " (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of title 18 of the United States Code, is eligible to receive through the mails pistols, revolvers, ga^stat^ 95^^^' and other firearms capable of bein^ concealed on the person, for use in connection with his official duty; " (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Eico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States. "(3) for any person other than a licensed importer, licensed manufacturer, or licensed dealer to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, in which he maintains a place of business) — " (A) any firearm, other than a shotgun or rifle, purchased or otherwise obtained by him outside that State; " (B) any firearm, purchased or otherwise obtained by him outside that State, which it would be unlawful for him to purchase or possess in the State or political subdivision thereof wherein he resides (or if the person is a corporation or other business entity, in which he maintains a place of business). "(4) for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to transport in interstate or foreign commerce any destructive device, machinegun (as defined 726. in section 5848 of the Internal Revenue Code of 1954), short- ^^'^sp^'5848. 26 USC barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary. "(5) for any person to transfer, sell, trade, give, transport, or deliver to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) who resides in any State other than that in which the transferor resides (or in which his place of business is located if the transferor is a corporation or other business entity) — " (A) any firearm, other than a shotgun or rifle; " (B) any firearm which the transferee could not lawfully purchase or possess in accord with applicable laws, regulations or ordinances of the State or political subdivision thereof in which the transferee resides (or in which his place of business is located if the transferee is a corporation or other business entity). "This paragraph shall not apply to transactions between licensed importers, licensed manufacturers, and licensed dealers. "(6) for any person in connection with the acquisition or attempted acquisition of any firearm from a licensed importer, licensed manufacturer, or licensed dealer, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false or fictitious or misrepresented identification, intended or likely to deceive such importer, manufacturer, or dealer with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under the provisions of this chapter.

229

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200 have hardly had time to surround the camp. It's in deep woods. If I were you I'd get right over it, and then rise up out of sight so they can't see you. Then, when it's noon you can go down, I'll fire the signal and the fun will commence—that is, fun for us, but not so much for those chaps, I fancy," and the sheriff smiled grimly.

The sheriff's plan was voted a good one, and, accordingly, the ship, after nearing a spot about over the camp, was sent a mile or two into the air, hovering as nearly as possible over one spot.

Shortly before twelve, the sheriff having seen to the weapons he brought with him, gave the signal to descend. Down shot the Red Cloud dropping swiftly when the gas was allowed to escape from the red container, and also urged toward the earth by the deflected rudder.

"Are you all ready?" cried the sheriff, looking at his watch.

"All ready," replied Mr. Sharp.

"Then here goes," went on the officer, drawing his revolver, and firing two shots in quick succession.

Two shots from the woods below answered him. Faster dropped the Red Cloud toward the camp of the criminals.

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Page:United States Statutes at Large Volume 82.djvu/272

 230

ll^lc'ss^i'

Records.

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

"(b) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell or deliver— "(1) any firearm to any individual who the licensee knows or has reasonable cause to believe is less than twentj'-one years of age, if the firearm is other than a shotgun or rifle. "(2) any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, or in the locality in which such person resides unless the licensee knows or has reasonable cause to believe that the purchase or possession would not be in violation of such State law or such ordinance. "(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located; except that this paragraph shall not apply in the case of a shotgun or rifle. "(4) to any person any destructive device, machine gun (as defined in section 5848 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, unless he has in his possession a sworn statement executed by the principal law enforcement officer of the locality wherein the purchaser or person to whom it is otherwise disposed of resides, attesting that there is no provision of law, regulation, or ordinance which would be violated by such person's receipt or possession thereof, and that he is satisfied that it is intended by such person for lawful purposes; and such sworn statement shall be retained by the licensee as a part of the records required to be kept under the provisions of this chapter. "(5) any firearm to any person unless the licensee notes in his records required to be kept pursuant to section 923 of this chapter, the name, age, and place of residence of such person if the person is an individual, or the identity and principal and local places of business of such person if the person is a corporation or other business entity. Paragraphs (1), (2), (3) and (4) of this subsection shall not apply to transactions between licensed importers, licensed manufacturers, and licensed dealers. "(c) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell or otherwise dispose of any firearm or ammunition to any person, knowing or having reasonable cause to believe that such person is a fugitive from justice or is under indictment or has been convicted in any court of a crime ]:)unishable by imprisonment for a term exceedina; one year. This subsection shall not apply with respect to sa^e or disposition of a firearm to a licensed importer, licensed manufacturer, or licensed dealer who jjursuant to subsection (b) of section 925 of this chapter is not precluded from dealino- in firearms, or to a person Avho has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter. " (d) I t shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm with knowledge or reasonable cause to believe that the shipment, transportation, or receipt thereof would be in violation of the provisions of this chapter. "(e) I t shall be unlawful for any person who is under indictment or who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or who is a fugitive from

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Page:United States Statutes at Large Volume 82.djvu/273

 82 STAT. ]

PUBLIC LAW 90-351-JUNE 19, 1968

justice, to ship or transport any firearm or ammunition in interstate or foreign commerce. " (f) I t shall be unlawful for any person who is under indictment or who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year, or is a fugitive from justice, to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. " (g) I t shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe the same to have been stolen. " (h) I t shall be unlawful for any person to receive, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, moving as or which is a part of or which constitutes interstate or foreign commerce, knowing or having reasonable cause to believe the same to have been stolen. "(i) I t shall be unlawful for any person knowingly to transport, si lip, or receive, in interstate or foreign commerce, any firearm the importer's or manufacturer's serial number of which has been removed, obliterated, or altered. "(j) It shall be unlawful for any person knowingly to import or bring into the United States or any possession thereof any firearm or ammunition, except as provided in subsection (d) of section 925 of this chapter; and it shall be unlawful for any person knowingly to receive any firearm or ammunition which has been imported or brought into the United States or any possession thereof in violation of the i:)rovisions of this chapter. " (k) I t shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer knowingly to make any false entry in, or to fail to make appropriate entry in or to fail to properly maintain, any record which he is required to keep pursuant to section 923 of this chapter or regulations promulgated thereunder. "§923. Licensing " (a) No person shall engage in business as a firearms or ammunition importer, manufacturer, or dealer until he has filed an application with, and received a license to do so from, the Secretary. The application shall be in such form and contain such information as the Secretary shall by regulation prescribe. Each applicant shall be required to pay a fee for obtaining such a license, a separate fee being required for each place in which the applicant is to do business, as follows: " (1) If a manufacturer— " (A) of destructive devices and/or ammunition a fee of $1,000 per year; " (B) of firearms other than destructive devices a fee of $500 per year. "(2) If an importer— " (A) of destructive devices and/or ammunition a fee of $1,000 per year; " (B) of firearms other than destructive devices a fee of $500 per year. "(3) If a dealer— " (A) in destructive devices and/or ammunition a fee of $1,000 per year; " (B) who is a pawnbroker dealing in firearms other than destructive devices a fee of $250 per year; " (C) who is not a dealer in destructive devices or a pawnbroker, a fee of $10 per year.

96-600 O - 69

231

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 232

Disapproval.

^^''°'^'^^-

ii^e°s*e''^ °^

PUBLIC LAW 90-351-JUNE 19, 1968

[82 STAT.

" (b) Upon the filing of a proper application and payment of the prescribed fee, the Secretary may issue to the applicant the appropriate license which, subject to the provisions of this chapter and other applicable provisions of law, shall entitle the licensee to transport, ship, and receive firearms and ammunition covered by such license in interstate or foreign commerce during the period stated in the license. "(^^ Ally appHcation Submitted under subsections (a) and (b) of this section shall be disapproved and the license denied and the fee returned to the applicant if the Secretary, after notice and opportunity for hearing, finds that— " (1) the applicant is under twenty-one years of age; or "(2) the applicant (including in the case of a corporation, partnership, or association, any individual possessing directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under the provisions of this chapter; or is, by reason of his business experience, financial standing, or trade connections, not likely to commence business operations during the term of the annual license applied for or to maintain operations in compliance with this chapter; or "(3) the applicant has willfully violated any of the provisions of this chapter or regulations issued thereunder; or "(4) the applicant has willfully failed to disclose any material information required, or has made any false statement as to any material fact, in connection with his application; or "(5) the applicant does not have, or does not intend to have or to maintain, in a State or possession, business premises for the conduct of the business. " (d) Each licensed importer, licensed manufacturer, and licensed dealer shall maintain such records of importation, production, shipment, receipt, and sale or other disposition, of firearms and ammunition at such place, for such period and in such form as the Secretary may by regulations prescribe. Such importers, manufacturers, and dealers shall make such records available for inspection at all reasonable times, and shall submit to the Secretary such reports and information with respect to such records and the contents thereof as he shall by regulations prescribe. The Secretary or his delegate may enter during business hours the premises (including places of storage) of any firearms or ammunition importer, manufacturer, or dealer for the purpose of inspecting or examining any records or documents required to be kept by such importer or manufacturer or dealer under the provisions of this chapter or regulations issued pursuant thereto, and any firearms or ammunition kept or stored by such importer, manufacturer, or dealer at such premises. Upon the request of any State, or possession, or any political subdivision thereof, the Secretary of the Treasury may make available to such State, or possession, or any political subdivision thereof, any information which he may obtain by reason of the provisions of this chapter with respect to the identification of persons within such State, or possession, or political subdivision thereof, who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition. "(e) Licenses issued under the provisions of subsection (b) of this, section shall be kept posted and kept available for inspection on the business premises covered by the license. " (f) Licensed importers and licensed manufacturers shall identify, in such manner as the Secretary shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.

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PUBLIC LAW 90-351-JUNE 19, 1968

"§ 924. Penalties " (a) Whoever violates any provision of this chapter or knowingly makes any false statement or representation with respect to the information required by the provisions of this chapter to be kept in the records of a person licensed under this chapter, or in applying for any license or exemption or relief from disability under the provisions of this chapter, shall be fined not more than $5,000 or imprisoned not more than five years, or both. " (b) Whoever, with intent to commit therewith an offense punishable by imprisonment for a term exceeding one year, or with knowledge or reasonable cause to believe that an offense punishable by imprisonment for a term exceeding one year is to be committed therewith, ships, transports, or receives a firearm in interstate or foreign commerce shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(c) Any firearm or ammunition involved in, or used or intended to be used in, any violation of the provisions of this chapter, or a rule or regulation promulgated thereunder, or violation of any other criminal law of the United States, shall be subject to seizure and forfeiture and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 5848(1) of said Code, shall, so far as applicable, extend to seizures and forfeitures under the provisions of this chapter. "§925. Exceptions: relief from disabilities " (a) The provisions of this chapter shall not apply with respect to the transportation, shipment, receipt, or importation of any firearm or ammunition imported for, or sold or shipped to, or issued for the use of the United States or any department, or agency thereof; or any State or possession, or any department, agency, or political subdivision thereof. " (b) A licensed importer, licensed manufacturer, or licensed dealer who is indicted for a crime punishable by imprisonment for a term exceeding one year, may, notwithstanding any other provisions of this chapter, continue operations pursuant to his existing license (provided that prior to the expiration of the term of the existing license timely application is made for a new license) during the term of such indictment and until any conviction pursuant to the indictment becomes final. "(c) A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year (other than a crime involving the use of a firearm or other weapon or a violation of this chapter or of the National Firearms Act) may make application to the Secretary for relief from the disabilities under this chapter incurred by reason of such conviction, and the Secretary may grant such relief if it is established to his satisfaction that the circumstances regarding the conviction, and the applicant's record and reputation, are such that the applicant will not be likely to conduct his operations in an unlawful manner, and that the granting of the relief would not be contrary to the public interest. A licensee conducting operations under this chapter, who makes application for relief from the disabilities incurred under this chapter by reason of such a conviction, shall not be barred by such conviction from further operations under his license pending final action on an application for relief filed pursuant to this section. Whenever the Secretary grants relief to any person pursuant to this section he shall promptly publish in the Federal Register notice of such action, together with the reasons therefor. " (d) The Secretary may authorize a firearm to be imported o r brought into the United States or any possession thereof if the

233

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72^1^3^*142^^' 26 USC ssoi^^^2.

pe^erii''R"°rster ^ ^'^^ ^^'^ "'

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PUBLIC LAW 90-351-JUNE19, 1968

io^scr43^o^i'*-' 4313. 2rusc*5848^'

74 Stat. 149.

[82 STAT.

person importing or bringing in the firearm establislies to the satisfaction of the Secretary that the firearm— "(1) is being imported or brought in for scientific or research purposes, or is for use in connection with competition or training pursuant to chapter 401 of title 10 of the United States Code; or "(2) is an unserviceable firearm, other than a machinegun as defined by 5848(2) of the Internal Revenue Code of 1954 (not readily restorable to firing condition), imported or brought in as a curio or museum piece; or ''(?>) is of a type that does not fall within the definition of a firearm as defined in section 5848(1) of the Internal Revenue Code ^^f ld~A and is generally recognized as particularly suitable for or readily adaptable to sporting purposes, and in the case of surplus military firearms is a rifle or shotgun; or "(4) was previously taken out of the United States or a possession by the person who is bringing in the firearm: ProcklctL That the Secretary may permit the conditional importation or bringing in of a firearm for examination and testing in connection with the making of a determination as to whether the importation or bringing in of such firearm will be allowed under this subsection. "§926. Rules and regulations "The Secretary may prescribe such rules and regulations as he deems reasonably necessary to carry out the provisions of this chapter. The Secretary shall give reasonable public notice, and aiford to interested parties opportunity for hearing, prior to prescribing such rules and regulations. "§ 927. Effect on State law "'No provision of this chapter shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision operates to the exclusion of the law of any State or possession on the same subject matter, unless there is a direct and positive conflict between such provision and the law of the State or possession so that the two cannot be reconciled or consistently stand together.

"§928. Separability "'If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly. situated or to other circumstances shall not be affected thereby." Administration. gj;^.^ 9;3 xhe administration and enforcement of the amendment made by this title shall be vested in the Secretary of the Treasury. SEC. 904. Nothing in this title or amendment made thereby shall be construed as modifying or affecting any provision of— (a) the National Firearms Act (chapter 5-3 of the Internal 9filTsr'.«nV • Revenue Code of 1954); or 5862. (b) section 414 of the Muhial Security Act of 1954 (22 U.S.C. 68 Stat. 848. 1934), as amended, relating to munitions control; or 62 Stat. 781; (c) section 1715 of title 18, United States Code, relating to 63 Stat

95

•

7

C

5

nonmailable firearms. SEC. 905. The table of contents to "PART I.—CRIMES" of title 18, United States Code, is amended by inserting after "43. False personation

911"

a new chapter reference as follows: "44. F i r e a r m s

^^p^^i-

921".

SEC. 906. The Federal Firearms Act (52 Stat. 1250; 15 U.S.C. 901-910), as amended, is repealed.

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PUBLIC LAW 90-351-JUNE 19, 1968

SEC. 907. The amendments made by this title shall become effective one hundred and eighty days after the date of its enactment; except that repeal of the Federal Firearms Act shall not in itself terminate any valid license issued pursuant to that Act and any such license shall be deemed valid until it shall expire according to its terms unless it be sooner revoked or terminated pursuant to applicable provisions of law. ^~-~—

235

Effective date. ^"'«' P- 234.

TITLE V—DISQUALIFICATION FOR ENGAGING IN RIOTS AND CIVIL DISORDERS SEC. 1001. (a) Subchapter II of chapter 73 of title 5, United States Code, is amended by adding immediately after section 7312 the following new section: "§ 7313. Riots and civil disorders ''(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of— " (1) inciting a riot or civil disorder; "(2) organizing, promoting, encouraging, or participating in a riot or civil disorder; "(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or "(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder; shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. x\ny such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position. "(b) For the purposes of this section, 'felony' means any offense for which imprisonment is authorized for a term exceeding one year." (b) The analysis of chapter 73 of title 5, United States Code, immediately preceding section 7301 of such title, is amended by striking out the analysis of subchapter II and inserting in lieu thereof the following:

so Stat. 524.

"Feiony."

"SUBCHAPTER II — P: M P L O Y M P: X T L I M I T A T I O N S

"Sec. "7311. Loyalty and striking. '•7312. Employment and clearance; individuals removed from national security. "7313. Riots and civil disorders."

(c) The heading of subchapter II of chapter 73 of title 5, United States Code, immediately preceding section 7311 of such title, is amended to read as follows: "SUBCHAPTER II — EMPLOYMENT LIMITATIONS".

SEC. 1002. The provisions of section 1001(a) of this title shall apply only with respect to acts referred to in section 7313(a)(l) - (4) of title 5, United States Code, as added by section 1001 of this title, which are committed after the date of enactment of this title.

Effective date.

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