ing the Commissioners in writing of the name and address of the person to whom such pistol or package is being shipped or delivered and the place of delivery. Delivery to such person shall be withheld for such reasonable period of time as may be specified in writing by the Commissioners during which period the Commissioners shall cause an investigation to be made to determine whether such person is qualified under the provisions of this Act to obtain a permit to receive, own, or possess any such pistol. In the event that the Commissioners determine that such person is not qualified under this Act to receive, own, or possess a pistol, they shall serve upon the shipper, transporter, and such person written orders prohibiting such delivery to such person, or if they determine that the person is so qualified they shall, in writing, so notify the shipper, transporter, and such person.

"(c) No person shall purchase any machinegun, sawed-off shotguns, or blackjack within the District of Columbia without first obtaining a permit from the Commissioners. No person shall sell or deliver any such weapon within the District, or ship or deliver any package within the District if he has reason to believe that such package contains any such weapon, without first obtaining written permission to do so from the Commissioners.

"(d) Whoever violates this section or any order served by the Commissioners pursuant to this section shall be punished as provided in section 15 of this Act, unless the violation occurs after such person has been convicted in the District of a violation of this section or of a felony, either in the District or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.

"SEC. 9. No person shall within the District engage in the business of selling, or manfacturing, or repairing pistols, machineguns, rifles, shotguns, sawed-off shotguns, or blackjacks without being licensed as provided in section 10 of this Act.

"SEC. 10. (a) The Commissioners may grant licenses, effective for more than one year from date of issue, permitting the licensee to sell at retail or at wholesale, or to manufacture or to repair, pistols, machine guns, rifles, shotguns, sawed-off shotguns, or blackjacks. Whenever any such licensee shall breach any condition upon which his license was issued or upon violation of any provision of this Act or of any provision of section 7 of the Act of July 1, 1902 (32 Stat. 622, et seq., ch. 1352; ch. 23, title 47, D.C. Code, 1961 edition), which is applicable to any such licensee or of any applicable regulation made pursuant to such Acts, the license shall be subject to suspension or revocation and the licensee shall be subject to punishment as provided in this Act.

"(b) Except as otherwise provided in this Act, the provisions of section 7 of the Act approved July 1, 1902 (32 Stat. 622, et seq., ch. 1352; ch. 23, title 47, D.C. Code, 1961 edition), relating to the issuance, revocation, suspension, transfer, and assignment of licenses, and license taxes or fees, and the provisions of such section 7 relating to the supervision, regulation, and inspection of licensed businesses, shall be applicable to licenses authorized to be issued by this section and to the holders of such licenses.

"(c) The Commissioners are authorized and empowered to fix, and from time to time increase or decrease, fees for any services rendered under this section. The Commissioners shall increase, decrease, or fix fees in such amounts as will, in the judgment of the Commissioners, approximate the cost to the District of administering this section.

"SEC. 11. No person shall, in purchasing any weapon or applying for any permit or license under this Act, or in giving any information pursuant to the requirements of this Act, give false information or offer false evidence of his identity. "SEC. 12. No person shall within the District change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark or identification on any pistol, machine gun, rifle, shotgun, or sawed-off shotgun. Possession of any pistol, machine gun, rifle, shotgun, or sawed-off shotgun upon which any such mark shall bave been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same within the District: Provided, That nothing contained in this section shall apply to any officer or agent of any department or agency of the United States or the District engaged in research or experimental work. "SEC. 13. Nothing in this Act shall be construed to prohibit delivery, sale, or possession of any toy or antique pistol so constructed or in such condition as to be not usable as a firearm, except that no person shall within the District possess any such toy or antique pistol with intent to use the same unlawfully.

"SEC. 14. (a) No person, including those persons as may be exempted by subsection (a) of section 5 of this Act or exempted by the Commissioners from the provisions of subsection (a) of section 4 of this Act, shall within the District of Columbia possess, with intent to use unlawfully, any dangerous or deadly instrument or weapon, including, but not limited to, any pistol, machine gun, sawed-off shotgun, shotgun, rifle, or other firearm, or imitation pistol or firearm, or dagger, dirk, razor, stiletto, or any knife. The possession by any person, other than persons granted exemption by such subsection (a) of section 5 or by the Commissioners, or any pistol without a written permit therefor issued to him in accordance with the provisions of this Act, or of any machine gun, sawedoff shotgun, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, slingshot, sandbag, switchblade knife, gravity knife, or metal knuckles, shall be presumptive evidence of possession of such firearm or weapon with intent to use the same unlawfully.

"(b) Whoever violates this section shall be punished as provided in section 15 of this Act, unless the violation occurs after he has been convicted in the District of a violation of this section or of a felony, either in the District or in another jurisdiction, in which case he shall be imprisoned for not more than ten years.” SEC. 3. Such Act approved July 8, 1932, as amended, is amended by adding at the end thereof the following new sections:

"SEC. 18. (a) Any order or notice required by this Act to be served shall be deemed to have been served when served by any of the following methods:

"(1) when forwarded to the last known address of the permittee, as such address is recorded on the permit record on file with the Commissions, by certified mail, postage prepaid;

"(2) when delivered to the person to be notified; or

"(3) when left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein.

"(b) Any notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons; and notices to a foreign corporation shall, for the purposes of this Act, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District. "(c) It shall be the duty of the permittee to notify the Commissioners in writing of the loss or theft of any pistol for which a permit has been obtained, the loss or theft of a permit, or of any change of address from that address recorded on the permit of such permittee within forty-eight hours following such change of address or delivery of such loss or theft.

"SEC. 19. The Commissioners are authorized to delegate any function vested in them by this Act and to provide for subdelegation of any such function: Provided, That the Commissioners shall not delegate the authority to make regulations pursuant to the authority contained in this Act.

"SEC. 20. This Act may be cited as the 'District of Columbia Dangerous Weapons Act'."

SEC. 4. The Act entitled "An Act to consolidate the Police Court of the District of Columbia and the Municipal Court of the District of Columbia, to be known as 'the Municipal Court for the District of Columbia,' to create 'the Municipal Court of Appeals for the District of Columbia,' and for other purposes", approved April 1, 1942 (56 Stat. 190, ch. 207), as amended (sec. 11-772, D.C. Code, 1961 edition) is hereby amended by adding at the end of subsection (e) of section 7 of said Act the following new clause:

"(10) Any final decision or final order denying, suspending, or revoking any application, permit, or license, or renewal of any permit or license, issued or applied for under the District of Columbia Dangerous Weapons Act."

SEC. 5. Section 911 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (31 Stat. 1337), as amended (sec. 23-301, D.C. Code, 1961 edition), is amended by inserting after the word "place" where such word first appears "any weapon, instrument, attachment, or appliance possessed in violation of the Act approved July 8, 1932 (47 Stat. 650, ch. 465), as amended."

SEC. 6. Section 914 of such Act approved March 3, 1901 (sec. 23-304, D.C. Code, 1961 edition), is amended by adding the following:

"If the property seized by a dangerous article declared to be a nuisance by section 17 of the Act approved July 8, 1932 (47 Stat. 654), as amended, such article shall be disposed of pursuant to such section 17."

SEC. 7. Nothing contained in this Act or in any amendment made by this Act shall be construed as diminshing power or authority vested in the Commissioners of the District of Columbia by section 4 of the Act of June 30, 1906 (34 Stat. 809, ch. 3932; sec. 1-227, D.C. Code, 1961 edition), or by section 7 of the Act of July 1, 1902 (32 Stat. 622, et seq. ch. 1352; ch. 23, title 47, D.C. Code, 1961 edition), to make and enforce regulations relating to firearms, projectiles, explosives, or weapons of any kind, but this Act and amendments made by this Act shall be deemed as supplemental to such section 4 of the Act of June 30, 1906, and such section 7 of the Act of July 1, 1902.

SEC. 8. The provisions of section 4 (c) of such Act approved July 8, 1932, as amended by this Act, relating to the voluntary delivery of weapons to police, shall take effect upon the approval of this Act. The remaining provisions of this Act shall take effect on the thirtieth day following approval by the Commissioners of the District of Columbia of initial regulations made pursuant to the authority contained in such Act approved July 8, 1932, as amended by this Act, and on such effective date all outstanding licenses for the possession of pistols in the District of Columbia shall be of no force or effect.

SEC. 9. That the first section of the Federal Firearms Act (52 Stat. 1250; 15 U.S.C., ch. 18) is amended by adding at the end of the definition of the term "interstate or foreign commerce" the following sentence: "For the purposes of this Act the term 'State' shall be held to include the District of Columbia and the Commonwealth of Puerto Rico."

SEC. 10. Appropriations to carry out the purposes of this Act are hereby authorized.

Mr. WHITENER. I am sure that all present know that in the early part of this Congress we held hearings, along with the Senate District Committee, on the general subject of the crime situation in the District of Columbia.

Due to the limitations we have on time, I will not undertake to review what was done in those joint hearings. I think it is sufficient to say that those hearings convinced or should have convinced any reasonable person that there is need for very quick and effective steps, in legislation and otherwise, to curb the mounting crime situation which was revealed to us.

As we undertake to start the present hearings, we will not be dealing with the general crime picture, but we now are down to some legislative specifics. We hope from these hearings on the legislative proposals now before us that something can be accomplished which will help in combating the horrible situation which is confronting the citizens of this community.

I, as chairman of this subcommittee, am hopeful that we may later find it possible to make additional studies on areas not embraced within the pending legislation.

We have heard a great deal about punishment and crime in the District of Columbia. I think that one thing that we might well consider in the future is a study of the relationship of punishment to erime here and in other comparable jurisdictions.

I think that we should say here, too, that at an early meeting of the full District Committee, the first one of the year, it was suggested that whatever legislative steps were taken it was my thought that ultimately the solution to the situation must be found in the hearts and minds of the people of the District of Columbia.

As one member of the committee, I was, therefore, very delighted to see that a voluntary group in the community had begun to give a great deal of attention to meeting the problem through voluntary civic action. I wish them well. I do not know who they are, except that a former Commissioner, I believe, is active in this work, along with some other distinguished citizens of the community. If they can be effective in bringing about a consciousness of, not only the problem, but of the individual responsibility in the community, then I think great strides will be made.

We have with us as our first witness the President of the Board of Commissioners, Mr. Walter Tobriner-and any others that you have with you, Mr. Tobriner, that you would like to bring around, we would be happy to hear from.

Mr. Broyhill, first, have you any comments at this time?

Mr. BROYHILL. I have no comment at this time, Mr. Chairman, other than to commend you, the chairman, for holding these hearings on this very important and serious subject. I hope the hearings can be expedited and that we can get some legislation through dealing with this subject.

I am wondering if I understood the chairman correctly. I understood the chairman to say that the hearings would be confined to the legislation he referred to. Would the committee be in a position to and willing to entertain other suggestions or comments as a solution to these crime problems we are experiencing here in the Nation's Capital?

Mr. WHITENER. Well, perhaps I did not make myself clear. I do not mean that we would exclude other legislative suggestive suggestions. But I was trying to say that whereas in our joint hearings we were dealing with a broad-scale look at the situation in the District, now we are getting down to specifics. And, of course, we may wind. up, because of these hearings, with entirely different approaches to the problems.

Mr. Harsha, do you have a comment at this time?

Mr. HARSHA. No, I have no comment to make at this time.

Mr. WHITENER. Mr. Tobriner, we are delighted to have you with us. I was just wondering if you wanted to go down the line in the order that we have mentioned the bills, or do you have another approach to it?

STATEMENT OF WALTER N. TOBRINER, COMMISSIONER, DISTRICT OF COLUMBIA; ACCOMPANIED BY ROBERT KNEIPP, ASSISTANT CORPORATION COUNSEL, DISTRICT OF COLUMBIA

I. MALLORY RULE (H.R. 1930, H.R. 5334, AND H.R. 5726)

Mr. TOBRINER. Sir, I can do this any way you like. My first thought was to summarize as briefly as possible the Mallory rule bills in the first category, and give you our notion about what should be done in that respect, and then proceed to the next category in the same manner. The first bill, H.R. 1930, introduced by Mr. McMillan, is identical to a House bill passed in the last Congress.

In brief, it provides that a confession shall not be rendered inadmissible because of delay alone in taking the arrested person before

a committing magistrate, and that no statement shall be admissible, or confession, unless the arrested person is advised that he is not required to testify, and that any statement that he makes may be used against him.

In H.R. 5334, which was introduced by Mr. McMillan, on request of the Blue Ribbon Bar Association Committee, the bill, in brief, provides that delay alone will not affect the admissibility of a confession, unless the delay renders the confession involuntary, and that the person arrested must be advised of his right not to testify and the use of any testimony against him. It also provides that there shall be no abridgement of the privilege against self-incrimination, and that the trial judge who hears evidence on the admissibility of a confession shall forward to the District Commissioners any alleged violations of the Constitution and the statutes, et cetera, executed or performed by the police in getting the confession, and that the Commissioners are to order a trial before a special board for violations, with a review by the Commissioners, and ultimately report to the court which transmitted it.

H.R. 5726, also introduced by Mr. McMillan, which is the bill that was submitted by the U.S. attorney, Mr. Acheson, provides roughly that there shall be no admission of an involuntary confession, and there shall be no admission if the confession is made after an unnecessary delay between the arrest and the appearance of the defendant before a committing migistrate.

Mr. HARSHA. Mr. Chairman, would the gentleman yield at that point?

Do any of these bills purport to define what is a reasonable or unreasonable delay?

Mr. TOBRINER. No, sir-except the Acheson bill provides that no confession obtained beyond a 6-hour delay between the arrest and the obtaining of the confession shall be admissible. There is to my knowledge no hour definition of an unreasonable delay.

Mr. WHITENER. If I may inteject this was the battleground on general legislation which came out of our Judiciary Committee, and which passed the House on two or more occasions. When it got over to the Senate, this was the area in which there was great discussionwhat constitutes reasonable delay.

As I understand it, Mr. Tobriner, the bill which we passed in this committee, and which the House passed relating to the District of Columbia, merely says that if a confession is otherwise voluntary, delay in arraignment does not in any way disqualify

Mr. TOBRINER. That is H.R. 1930-right.

Mr. WHITENER. Now, let me ask you this, if I may, since I have interrupted you.

On H.R. 5334, the bar association suggestion, starting with section 4, do you feel that has any real relation to the problem we are trying to get to?

Mr. TOBRINER. No, sir; I would not favor the inclusion of those sections, because I think it would impose an unnecessary impediment on police action.

Mr. WHITENER. Police discipline does not have anything to do with this section, does it?

Mr. TOBRINER. No, sir. This power exists anyway.