(The letter is as follows:) Hon. JOHN L. MOMILLAN, GOVERNMENT OF THE DISTRICT OF COLUMBIA, Chairman, Committe on the District of Columbia, MY DEAR MR. MCMILLAN: Reference is made to the joint hearing held on February 6, 1963 before the Senate and House District Committees on the District of Columbia concerning the crime situation in the District of Columbia. At such hearing the president of the Board of Commissioners mentioned a number of items which have or could have a bearing on the crime situation. The items discussed below were reviewed at a special meeting of the Board of Commissioners on February 27. This letter is written to advise the committee of the status of these matters. Weapons.-A bill has been drafted which, among other things, would require a license for the possession of a pistol in the District of Columbia and would restrict importation of weapons into the District. The draft bill was forwarded to the Chief of Police and to the U.S. Attorney for the District of Columbia on March 1, 1963, with a request for their respective comments, to be submitted promptly. As of the present time it is the expectation of the Commissioners that the draft bill will be refined for submission to the Congress on or about March 12. The matter of working out with authorities in the entire metropolitan area the establishment of a registry of purchases of pistols, regardless of where in the metropolitan area the purchases are made, will be discussed by General Clarke with the Metropolitan Washington Council of Governments. Additionally, a council of police chiefs of the metropolitan area is carrying on a continuing study of a proposal to make uniform throughout the metropolitan area provisions of existing District of Columbia law which require that before a purchaser may have delivery of a pistol from a dealer he must file an application with the dealer who must, within 6 hours, forward the same to the Police Department. The dealer may not deliver the pistol until 48 hours have elapsed after application is made. In that period the Police Department investigates the application to see whether the applicant is qualified under the law to possess a pistol. Antiloitering regulations.-At their Board meeting on March 5 the Com missioners approved amendment of the "Regulations Governing the Conduct of Juveniles in Public Places Between the Hours of 10 p.m. and 5 a.m.", as recommended by the Police Department. Under these amendments which are now in effect action can be taken against parents of juveniles found loitering after a second instead of after a third offense within a 12-month period. Copies of the antiloitering regulations and copies of the amendments are enclosed. Police reserve corps.-Proposed legislation on this subject was submitted to the Congress on February 25, 1963. Mallory rule.-At their board meeting on February 27, the Commissioners decided to withhold their report on this subject until receipt of a draft bill which they are informed is being prepared by the U.S. attorney and the Department of Justice. Identification of early dropouts from public schools.-This matter is being considered by the Board of Education. Job opportunities without regard to race or color.-This is being worked on constantly by the various departments of the District government. Civilian Conservation Corps Act (referred to in S. 1 and other bills as "Youth Employment Act").-This is a national project and the Commissioners generally are in sympathy with the idea. A study is being made of this proposed legislation. We are also awaiting the introduction of legislation to carry out the administration's program for a national service corps. The Commissioners will, upon receipt of sufficient information, determine whether there is need to recommend any supplemental legislation for the District of Columbia. Work for employable public assistance recipients who are unable to obtain jobs.-Study and consideration are being given to the question whether legislation is needed for the District to participate in the Federal social security program entitled "Community Work and Training Programs" provided for by title IV of the Social Security Act, as amended by Public Law 87-543, and also whether the District should participate in such program. The requirements for States to participate in such program are set forth in section 409 of title IV of the Social Security Act, as amended by section 105(a) of Public Law 87-543. Urbanization schools.-This is a voluntary program for which no legislation is required. The Commissioners feel this idea should be encouraged and are attempting to enlist the aid of voluntary organizations. Minimum wage legislation.-The Commissioners favor extension of the District minimum wage law and have directed the Corporation Counsel to draft a bill to extend the law so as to cover employees in categories not covered either by the District of Columbia minimum wage law or the Federal Fair Labor Standards Act. The Commissioners propose to hold a public hearing on such a draft bill. Dismissal from public schools of unruly pupils.-This matter is under the jurisdiction of the Board of Education. A bill on this subject has been introduced by Representative Whitener and the Commissioners will submit their comments on that bill. Improvement of housing conditions.-The retroactive provisions of the 1961 building code were held valid in one case decided by the U.S. District Court. The Commissioners have a 10-year enforcement program. However, in the opinion of the Director of the Department of Licenses and Inspections and of the Corporation Counsel, the validity of the retroactive provisions of the code should be tested in the U.S. Court of Appeals before launching the program in full force. The Commissioners are of the same view. Birth control information.—An item for an increased amount for this purpose is in the pending budget. No legislation is needed. The Commissioners desire to assure the respective committees that they are very much interested in doing whatever they can to alleviate the crime situation in the District of Columbia and will take such action as expeditiously as they can. To this end the Commissioners will keep the Congress informed concerning the above items or any other matters on this subject as they develop. I am sending a letter identical with this letter to the Honorable Alan Bible, chairman, Senate Committee on the District of Columbia. Sincerely yours, WALTER N. TOBRINER, President, Board of Commissioners, District of Columbia. [G.F. 11-907. Order No. 63-615] GOVERNMENT OF THE DISTRICT OF COLUMBIA, EXECUTIVE OFFICE, Washington, D.C., March 5, 1963. Subject: Antiloitering (juveniles) regulations amended-Youth Aid Division, Metropolitan Police Department. ORDERED: That the Regulations Governing the Conduct of Juveniles in Public Places Between the Hours of 10 p.m. and 5 a.m. (adopted by Commissioners' Order No. 60-1166, dated June 1, 1960) are amended as follows: Section 401 (a) is amended to read as follows: "SEC. 401(a). It shall be unlawful for any juvenile to loiter as set forth in section 201. Any police officer finding a juvenile loitering as set forth in section 201 shall ascertain the name and address of such juvenile and warn him to desist from so loitering and direct him to proceed to his home or, for a legitimate purpose, to some other destination, and such police officer shall report such action to the Youth Aid Division, Metropolitan Police Department." Strike subsection (c) of section 401. Amend section 402 to read as follows: "SEC. 402. In addition to complying or causing compliance with the provisions of the Juvenile Court Act, the Chief of Police shall, upon receipt by the Youth Aid Division of a report of action taken by a police officer pursuant to section 401(a) or a report of a violation of section 401 (b) hereof, cause notice to be given personally to the parent or guardian of said juvenile, specifying the details of such action or the manner in which section 401 (a) or section 401 (b) has been violated." Amend section 403 to read as follows: "SEC. 403. Every parent or guardian to whom the notice provided for in section 402 has been given and who thereafter, within a period of 12 months from the date of said notice, permits such juvenile in his care, custody or control to loiter, as set forth in section 201, shall be deemed knowingly to have violated section 202 of these regulations." By order of the Board of Commissioners, District of Columbia. (Officially published in the "Star," March 8, 1963.) [G.F. 11-907. Order No. 60-1166] GOVERNMENT OF THE DISTRICT OF COLUMBIA, EXECUTIVE OFFICE, Washington, D.C., June 1, 1960. Subject: Antiloitering regulations-juveniles-- Youth Aid Division, Metropolitan Police Department. REGULATIONS GOVERNING THE CONDUCT OF JUVENILES IN PUBLIC PLACES BETWEEN THE HOURS OF 10 P.M. AND 5 A.M. Whereas the Commissioners of the District of Columbia are concerned with alleviating the problem of juvenile delinquency in the District of Columbia; and Whereas loitering by juveniles in the streets and other places in the District of Columbia at late and unusual hours is a factor contributing to their delinquency and is injurious to their health, safety and welfare; and Whereas responsibility for the protection and welfare of juveniles rests upon their parents or guardians; and also upon the District of Columbia as parens patriae, now, therefore, be it ORDERED: That the following regulations governing the conduct of juveniles in streets and other places between the hours of 10 p.m. and 5 a.m. are hereby adopted to be effective on and after July 15, 1960. PART I DEFINITIONS SEC. 101. (a) As used in these regulations, unless the context requires otherwise, the following words shall have the meanings set forth below: Guardian.—Guardian means any adult person having temporary or permanent care, custody or control of a juvenile whether or not such person has been appointed by a court as the guardian of such juvenile. Juvenile.-A juvenile is any child under the age of 18 years, as defined in Section 5(b) (3) of the Act of March 19, 1906, entitled "An Act to create a juvenile court in and for the District of Columbia, and for other purposes", as amended (52 Stat. 596; Section 11-906, D.C. Code, 1951). Loiter.-Loiter means to idle, stand around, play in, tarry upon, or wander on foot, or to park, idle, wander, tarry or play in or on a vehicle: unless engaged in a lawful business, educational or religious activity; or unless performing a necessary errand or any other lawful activity for which a good account may be given; or unless accompanied by a parent or guardian. Parent.-Parent means any natural parent of a juvenile, or parent of a juvenile by adoption. Place open to the public.-Place open to the public means any place to which the public is invited in any privately owned place of business, any private institution, or any place of amusement or entertainment whether or not a charge for admission or entry thereto is made. Public place.-Public place means the area between building lines on any street, avenue or thoroughfare and any alley, park, playground, public building or vacant lot. (b) Whenever any masculine term is used in these regulations the same includes the feminine. PART II. PROHIBITION SEC. 201. Any juvenile found loitering in any public place or in any place open to the public in the District of Columbia between the hours of 10 p.m. of any day and 5 a.m. of the following day shall be subject to the provisions set forth in Part IV of these regulations. SEC. 202. It shall be unlawful for any parent or guardian of a juvenile knowingly to permit such juvenile to loiter as set forth in section 201. SEC. 203. It shall be unlawful for any person, firm or corporation owning, operating or having charge of any place open to the public to permit any juvenile to loiter in such place between the hours of 10 p.m. of any day and 5 a.m. of the following day. PART III. PENALTIES SEC. 201. Any person not subject to the jurisdiction of the Juvenile Court who violates any provisions of these regulations shall be punished by a fine not exceeding $300 or imprisonment not exceeding 10 days. PART IV PROCEDURES SEC. 401. (a) Any police officer finding a juvenile loitering as set forth in section 201 shall ascertain the name and address of such juvenile and warn him to desist from so loitering and direct him to proceed to his home or, for a legiti mate purpose, to some other destination, and such police officer shall report such action to the Youth Aid Division, Metropolitan Police Department. (b) It shall be unlawful for any juvenile to refuse to heed such warning or direction by any police officer or refuse to give such police officer his correct name and address, and upon any such refusal he shall be taken into custody by the said officer and the matter immediately reported to the said Youth Aid Division for action in accordance with applicable law and regulations. (c) In addition to the prohibitions contained in subsection 401 (b), it shall be unlawful for any juvenile to loiter as set forth in section 201 after such juvenile has, within 12 months, been previously found by any police officer so loitering. SEC. 402. In addition to complying or causing compliance with the provisions of the Juvenile Court Act, the Chief of Police shall, upon receipt by the Youth Aid Division of a report of action taken by a police officer pursuant to section 401(a) or a report of a violation of section 401 (b) or 401 (c) hereof, cause notice to be given personally to the parent or guardian of said juvenile, specifying the details of such action or the manner in which section 401 (b) or 401(c) has been violated. SEC. 403. Every parent or guardian to whom the notice provided for in section 402 has been given and who thereafter permits such juvenile in his care, custody or control to loiter as set forth in section 201, shall be deemed knowingly to have violated section 202 of these regulations. By order of the Board of Commissioners, District of Columbia. (Officially published in the "Star," June 6, 1960.) Mr. WHITENER. Proceed, Mr. Gimbel. Mr. GIMBEL. Mr. Chairman, you mentioned the switchblade-knife situation. I recall that in drafting this bill we contacted by Mr. Edmond Daly, who is the principal assistant U.S. attorney in the enforcement branch at the district court of general sessions; and he suggested, and we did follow this suggestion, to add gravity knives as a prohibited weapon in this bill. One of the purposes of including gravity knives as well as switchblade knives is to control the sale of these weapons as well, since they are prohibited weapons. In making them prohibited weapons you control the sale within the city, as well as having a charge of carrying a prohibited weapon to place against one Mr. WHITENER. Generally those statutes, though, go further and define the length of the blade and such as that, do they not? Mr. GIMBEL. We do not do so in this bill, and we do not do so in existing law with regard to switchblade knives. We have definitions of a switchblade knife and a gravity knife in the bill before you. Mr. Dowdy. What is a gravity knife? Mr. GIMBEL. I had to learn something about that, too, sir. Gravity knife, as we have defined it here in the bill, is a knife which has a blade which is released from the handle or sheath thereof by the force of gravity or by the application of centrifugal force, and which when released is locked in place by means of a button. It is the quick switch. Mr. Dowdy. I see. The slip out. Mr. GIMBEL. That is right. The difference between the gravity and the switchblade is that the switchblade uses a spring to spring the blade out. Mr. WHITENER. I imagine there are a lot of those in Texas. Mr. DowDY. Oh, yes. Of course, down there the paring knife, they use it to pare up people with-is a common weapon, and also the straight razor makes a very effective weapon. You pull it out of your pocket, switch it around and get your hand in between the holder and the blade and you use it to slice up people with. Mr. GIMBEL. I suppose it would be similar to the gravity knife. I have wondered why in the world you do not come up with a definition of a deadly weapon instead of trying to name everything. Mr. GIMBEL. Our feeling is that just about anything can be a deadly weapon if it is used in a deadly manner. Mr. DOWDY. Correct. And if carried on your person for the purpose of inflicting death or serious bodily harm upon a person, that would cover all of these without any question. Mr. GIMBEL. We have in this bill and under existing laws, as a matter of fact, the prohibition of carrying any deadly or dangerous weapon capable of being concealed. And in addition, under this bill and under existing law, we have a separate offense of possession of certain-of any dangerous weapon with intent to use it unlawfully against another. Mr. WHITENER. Mr. Gimbel, I am not trying to cut you off, but I think the language of the bill is pretty clear, and when we get around to considering it we will have no problem about the language of it. But I am wondering if you gave real concern and though to the question of whether or not this draft of legislation would infringe upon the provisions of the second amendment to the Constitution? Mr. GIMBEL. I do not believe it will, sir. I think it is quite clear that the second amendment relates to the keeping of a militia on the part of the States, and this may not be infringed by the Congress. This right of the States to maintain a militia for the common de |