The sun. [volume] (Newberry, S.C.) 1937-1972, June 22, 1967, Image 7

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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. DISTRESS SALE! Entire Stock of Summer Hobby & Toy Shop To Be Sold at PRICE STARTING MONDAY June 26th At 9:00 A.M. For a Limited Time Only Buy now and SAVE for Christmas, Birthdays, Gifts, Summer Fun! Open To 8:00 P. M. Daily