The sun. [volume] (Newberry, S.C.) 1937-1972, June 22, 1967, Image 7
The Newberry Sun, Newberry, S. C., Thursday, June 22, 1967—PAGE 7
senator!
■STRO
HURMOND
Reports
PEOPLE
THE RIGHT TO BEAR ARMS
The tempo of the demands for
some type of gun legislation has
been increasing this year. Rising
crime rates have led to more
heated arguments about the
need for gun control by the
authorities, State or Federal.
The debate today is whether
the Federal government should
provide assistance for State
laws on the subject, or set up
substantive legislation of its
own.
I believe, as I have indicated
many times in the past, that
Congress has no authority to
prevent people from buying and
owning firearms. The Second
Amendment to the Constitution
provides that “the right of the
people to keep and bear Arms,
shall not be infringed.’'
These prohibitions are direct
ed against the National Govern
ment, bat not against the
states.
The people of each State,
therefore, can regulate the sale
of firearms without running
afoul of the Constitution.
STATE NEEDS VARY
Most of the States have laws
designed to prevent' firearms
from being sold to juveniles, in
sane persons and people with
criminal records. The State
laws vary in strictness and en
forcement, according to the
needs of each State. The New
York law, for instance, requires
that a person apply for and be
granted a permit from the State
as a prerequisite to purchasing
or possessing a hand gun. In
most States, however, control
over gun sales is exercised by
licensing the merchants who
sell firearms, and by requiring
the sellers to adhere to the law
in order to keep their licenses.
In recent years, State laws
governing the sale of firearms
have been increasingly circum
vented by mail order sales of
weapons. Dealers in weapons
located outside State boundaries
often do not comply with State
laws restricting sales.
Guns have been sold through
the mail to children, persons of
unsound mind, and people with
long criminal records. Some ir
responsible mail order mer
chants sell with impunity to
anyone who has the price, since
they do not have to obtain a
license in the State where the
purchaser lives, and are beyond
the reach of criminal laws of
the State to which the gun is
shipped.
THE SOLUTION
The problem is easily solved
without overstepping the safe
guards of the Second Amend
ment. Congress has the power
to regulate interstate com
merce. Therefore, Congress can-
make it unlawful to ship fire
arms in interstate commerce
unless the sale is consistent with
the law of the State to which
the weapon is shipped.
Congress should require the
gun seller to obtain from the
would-be purchaser a sworn
statement that the buyer is
not prevented by the law of his
home State from purchasing the
weapon. This should be coupled
with a requirement that the
seller, prior to shipping the wea
pon, send a copy of the sworn
statement by registered mail to
the chief law enforcement offi
cer of the area in which the
would-be purchaser lives. Fail
ure to comply would be a Fed
eral criminal offense.
Legislation of this type would
protect the rights of the States
and the rights of the people,
without working an undue hard
ship on seller or buyer. In most
States, the people feel strongly
that law-abiding, sane adults
should be permitted to own fire
arms.
NO DISARMAMENT
If the National Government
prohibited the sale of firearms,
law-abiding citizens would not
obtain firearms, but law-break
ers would. Criminals do not
hesitate to obtain firearms il
legally. Moreover, they would
know that a gun would provide
them with a bigger advantage
over a citizenry disarmed by
law.
Congress should enact legisla
tion to support the laws which
the people of each State have
passed according to their vary
ing requirements. It is just as
important, however, for Con
gress to obey the Constitutional
mandate that protects the right
of the people to keep and bear
arms.
Participating in Flag Day Observance, sponsored by Jasper Chapter, DAR, last
Wednesday at the Community Hall were, from left seated, Mrs. F. Scott Elliott, Re
gent; Mrs. Price K. Harmon and Mrs. M. F. Bowler, First and Second Vice Regents,
respectively; standing, Mrs. P. M. Nichols, corresponding secretary; Miss Margaret
Paysinger, treasurer; Mrs. D. 0. Carpenter, registrar; Miss Julia Kibler, genealo
gist; and Mrs. James C. Kinard, parliamentarian. E. Maxcy Stone, attorney, was
speaker for the occasion. (Sunphoto by Steve Armfield.
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