TUESDAY, JULY 1, 1969
PROPOSED GUN CONTROL AND OBSCENE
AND PORNOGRAPHIC LITERATURE
Mr. MANSFIELD. Mr. President, it
would be my hope that the Committee
on the Judiciary would immediately,
after the Fourth of July recess is completed,
start hearings on an amendment
to the Gun Control Act of 1968 which I
offered on February 4, 1969. The amendment
offers an approach that says to the
criminal in terms that are clear and simple
that the use of a gun will be met with
punishment that fits such an act of
For a first offender the penalty would
be a mandatory 1 to 10 years in prison.
For a subsequent offense the penalty
would be a mandatory 25 years in prison.
Furthermore, under no circumstances
can the sentence imposed against the
criminal gun user be suspended or assessed
concurrently with the sentence
applied for the commission of the crime.
In other words, the gun criminal will be
compelled to serve additional time in
prison solely for deciding to use a firearm.
It seems to me that no leeway or discretion
is needed for a criminal gun user
who employs this weapon in the committing
of a crime. The ultimate application
of this amendment, if approved, will
be up to the criminal himself.
Mr. President, I ask unanimous consent
to have printed at this point in the
RECORD a statement which I made covering
There being no objection, the statement
was ordered to be printed in the
RECORD, as follows:
s. 849-INTRODUCTION OP' Bn.LGUNS
Mr. MANSFIELD. Mr. President, Itke so many
others, I am alarmed with the Increasing use
or :tlrearms by criminals In our society: I am
appalled by the criminal's quick resort to a
gun when deciding to commit his Insidious
ads. In this respect, the Oongresa saw :tlt
last fal! to make It more difficult for the lawleBB
and untrained to obtain weapons. It Is
my belief that In Its lmpljlmentatlon this
law-the Gun Control Act of 1968-wlll
serve more effectively as time passes to cut
down on the tnordlnate flow of firearms llllto
the hands or the criminal and the Incompetent,
the drug addict, and the alcohoitc.
For the present, however, the ease with
which any element o! our society has been
able to obtain weapons precludes the dramatic
effects this legislation can expect to
bring In the future.
But there remains another approach to
curta.lllng gun crimes--an approach that
says to the criminal In terms that are clear
and simple that the use of a gun will be met
with punishment that fits such an act ot violence.
This approach Is contained In an
amendment to the Gun Control Act o! 1968
which would provide a mandatory additional
prison sentence for criminals who choose to
resort to firearms.
For a first offender the penalty would be
1 to 10 years In prison. For a subsequent o!fence-
25 years. This proposal varies from
the present law \Jl two major respects. Under
no circumstances can the sentence Imposed
against the criminal gun user be suspended
or assessed concurrently with the sentence
applied for the commission of the crime.
In other words, the criminal will be CfOmpelled
to serve additional time In prison solely
!or deciding to use a firearm. Second, under
the provisions of th18 proposal, a subsequent
offender wil! be compelled to serve 25
years !or his choosing to use a gun. It seems
Mike Mansfield Papers, Series 21, Box 45, Folder 2, Mansfield Library, University of Montana
87384 CONGRESSIONAL RECORD- SENATE
to me no leeway or discretion Is needed In
the cnse of n criminal gun user who employs
this weapon or violence n second tbno.
I agree that In providing momdntory Relli<'
ll<'<'H on the congre88lounl lovr.l. quOAUons
\\Ill lle rnlscd . But jus t '"' LhCI <'IWISihlllty by tbe lawleR~ rcndH>
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