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The General Assembly of Georgia began the serious examination of the State's handgun laws this year. Twenty-one separate pieces of legislation were introduced, 18 are pending in the Special Judiciary Committee of the Georgia House of Representatives. It is likely that some form of handgun legislation will be forthcoming in the 1976 Session. Whether or not it will be as extensive as the Commission proposes in which licensing and registration would be required and sub-standard handguns would be banned, is not clear at this time. On page 18 of the State Crime Commission's position statement you will find a list of the 21 pieces of firearms legislation and its status in the General Assembly of Georgia.

In conclusion, the document provided to you is presented to explain, and clarify, the "Position Statement", it was compiled in a short period of time for this purpose and any information it does not contain, I will be happy to provide you upon request.

TESTIMONY OF NICK COLLINS, PROGRAM MANAGER, GEORGIA STATE CRIME COMMISSION

Mr. COLLINS. Thank you, Mr. Chairman.

Mr. Chairman, again I am Nick Collins of the Georgia State Crime Commission, which is the State's criminal justice planning agency responsible for the coordination of criminal justice planning for the State of Georgia.

I am here on behalf of Mr. Jim Higdon, director of the State Crime Commission, who wishes to express his regret for not being able to attend.

Mr. Higdon left the State on business prior to receiving notification of this meeting. He has asked me to present the State Crime Commission's position statement on handgun control as contained on page 1 of the document provided to the committee previously. The following is the position statement on handgun control of the State crime commission.

[The document referred to follows:]

OFFICE OF THE GOVERNOR,

STATE CRIME COMMISSION,
Atlanta, Ga., July 21, 1975.

STATE CRIME COMMISSION POSITION STATEMENT ON "HANDGUN CONTROL"

The Georgia State Crime Commission adopted the position and recommendation on "Handgun Control" previously stipulated by the Governor's Commission on Criminal Justice Standards and Goals through the consideration and inclusion of that recommendation in the State's priorities for the 1976 Comprehensive Criminal Justice Plan.

The recommendation concludes that the Legislature of Georgia should require that all handgun owners meet minimum qualifications, possess a Handgun Owner's License, a registration permit for each handgun, and the purchase of a handgun should be preceded by a designated waiting period. Additionally, the importation, manufacture, assembly, sale, possession and use of all substandard handguns and component parts should be outlawed. In order to familiarize the public with the need for handgun control legislation and individual precautionary measures, a comprehensive public awareness program should be initiated statewide. Provisions must be provided for the effective implementation and enforcement of the handgun legislation.

POSITION ANALYSIS

The legislative intent of the Commission's position is clearly directed to disarm criminals and incompetent persons, and to prevent the occurrence of

handgun related crimes. No attempt has been made to infringe upon the rights of citizens exercising their constitutional rights.

The State Crime Commission should retain a qualified public relations and advertising company to compile the public awareness program. This would require approximately $60,000 in Law Enforcement Assistance Administration (LEAA) funds. The State Crime Commission, the Department of Public Safety and the Crime Prevention Unit of the Georgia Bureau of Investigation should jointly implement the program through public service activities of the news and entertainment media.

The Georgia Bureau of Investigation, the Department of Public Safety and the State Crime Commission should be jointly responsible for defining minimum standards relating to the physical and mechanical characteristics of handguns. The expertise of persons in the munitions and weapons industries should be relied upon extensively for all necessary technical information. Once those standards are defined, they should be legislatively enacted. All handguns not meeting those standards should be declared illegal.

Legislation should be introduced into the 1975 session of the General Assembly which deals solely with the control of handguns. Such legislation should be patterned after the firearms control laws of the states of New York and Illinois which have not been judged unconstitutional.

The following provisions should be included:

1. A Handgun Owner's License, renewable for a specified period, must be obtained in order to purchase or possess a handgun. There shall be an appropriate license fee. All present handgun owners would be given a grace period of one year from the effective date of the Act to obtain the license. Penalties would be provided for noncompliance.

2. A registration permit must be obtained in order to purchase or possess a handgun. There shall be appropriate registration fee.

3. The licensing and registration permit program shall be incorporated into the existing driver's licensing structure of the Department of Public Safety. 4. The Georgia Department of Public Safety shall collect and maintain appropriate records.

5. A mandatory minimum waiting period should be required prior to purchase of a handgun.

6. All handgun purchasers and owners must meet certain qualifications in order to obtain a Handgun Owner's License or a handgun registration permit. Such qualifications should relate to the following: a. Age; b. Residency requirement; c. Criminal record with particular emphasis on conviction of crimes involving violence, alcohol, or drug abuse; d. Physical or mental competency as defined by law.

7. Adherence to those qualifications shall be verified prior to the issuance of any license or registration permit and prior to the periodic renewal of a Handgun Owner's License.

8. All new handguns shall be registered when purchased and all presently owned handguns shall be registered by the owner at no cost within one year from the effective date of the Act. Penalties should be provided for noncompliance.

9. Handguns shall be subject to confiscation (a) if used in a crime for which a conviction is obtained or (b) if not registered properly. Law enforcement agencies shall be authorized to request that any confiscated handguns, other than a sub-standard handgun, be issued by the Georgia Department of Public Safety to that agency for its use; otherwise such handgun shall be destroyed. 10. Handguns that do not meet minimum physical and mechanical standards shall be declared sub-standard and illegal, as determined by the Georgia Department of Public Safety.

11. Vendors of handguns or components thereof, and handgun ammunition, or components thereof, shall keep a record of all of the sales of such guns and ammunition, listing the name, address, age and driver's license number of the purchaser, and shall report periodically to the Department of Public Safety this record.

12. The Department of Public Safety shall be responsible for administering the Act. Administrative costs will be offset by the licensing and registration permit fees.

13. Provisions must be included to provide for effective implementation and enforcement of handgun legislation and provide for penalties for its violation, and it is recommended that penalties be as follows in Section 13.1

See footnotes at end of article.

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Subsection IV: The illegal possession of A. Misdemeanor and substandard handguns.

Subsection V: Providing false information for the purpose of acquiring a handgun owner's license and/or registration permit.

Subsection VI:

A. Sale of illegal handguns and/or component parts (each handgun sale constitutes a separate offense).

B. Weapons confiscation and
C. Confiscation of handgun owner's
license for period of time.
A. Misdemeanor and
B. Disallowing the acquisition of a
handgun owner's license and/or
registration permit.

A. Felony (1-5 years) and

B. Confiscation of dealer's license for period of time and

B. Sale of handguns to nonlicensed A. Misdemeanor and handgun owners.

C. Vendor delivery of a handgun to a purchaser prior to issuance of registration.

D. Sale of handguns before the minimum waiting period has expired.

E. Failure to keep appropriate records and to keep them open to authorized persons.

Subsection VII: Manufacturing or importation of substandard and/or illegal weapons.

B. Confiscation of dealer's license for period of time and

C. Handgun confiscation.

A. Misdemeanor and

B. Confiscation of dealer's license for
- period of time and

C. Handgun confiscation.
A. Misdemeanor and

B. Confiscation of dealer's license for
period of time and
C. Handgun confiscation.
Misdemeanor and

A.

B. Confiscation of dealer's license for amount of time.

A. Felony (1-5 years) and
B. Confiscation of manufacturer's li-
cense and

C. Imposition of civil penalties as de-
fined by law.

OTHER POSITIONS AND ENDORSEMENTS

The State Crime Commission of 1974 urged the General Assembly of Georgia to enact a Comprehensive Firearms Law. The law would consolidate existing: State firearms and weapons acts into a single legislative package, establish uniform firearm definitions, require the licensing of persons obtaining a handgun and handgun ammunition, and the registration of handguns. The Commission further stipulated that firearms dealers maintain adequate records and report such records to the Georgia Crime Information Center. Strict penalties must be provided for the use of a handgun during the commission of a crime. The Commission's position and feelings on gun control are amplified with its following statement.

"It is all too easy for the criminal, the drug addict, the habitual drunkard, fugitives from justice, mental incompetents, juvenile delinquents and persons under the voting age not only to obtain handguns and other firearms, but to also obtain a 'pistol toters' permit. The machine gun laws are virtually unenforceable and the licensing law is ineffectual. As a result of the inadequacies of the State laws, cities and counties have enacted a patchwork of ordinances which seek to shore up the State law. Not only do these ordinances differ from one jurisdiction to another but it is probable that most, if not all, could not stand a challenge on constitutional grounds. The recent declaration of Atlanta as the 'Murder Capital of the World' has brought about new interest in firearms legislation." 3

GEORGIA ORGANIZED CRIME PREVENTION COUNCIL (1974)

The Georgia Organized Crime Prevention Council, in January of 1974, enacted a resolution to endorse legislation pertaining to "Firearms Control." The Council stated that "there is a need for appropriate legislation in the area of firearms control for the removal of handguns from the streets and to stop someof the spontaneous shooting * * *" 2

GEORGIA ORGANIZED CRIME PREVENTION COUNCIL (1975)

In 1975, the Georgia Organized Crime Prevention Council reiterated its position on "Firearms Control." The Council stated that "there is a need for appropriate legislation in the area of firearms control, for the removal of handguns from the streets, and the need for stricter licensing procedures and the outlawing of the 'Saturday Night Special.'

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PROBLEM IDENTIFICATION INFORMATION

In 1973, nationwide statistics show that of the 19,510 estimated homicides, 53% were committed with handguns. Of the 18,550 estimated homicides in 1972, 54% were committed with handguns. Studies have shown that the handgun isthe weapon most used in the commission of the majority of violent crimes where there is injury or death.

In both 1972 and 1973, national statistics show that one-fourth of all homicides were within the family, 7% were romantic triangles or lovers' quarrels, 41% were arguments, and 27% resulted from robbery, sex motive, gangland slaying and other felonious activities. The majority of homicides occur among acquainted persons. Studies show that only two to three percent of the killings within the home were committed by robbers or burglars.

Of the 416,270 aggravated assaults committed in 1973 nationwide, most occurred within the family or among persons who were acquainted. Firearms accounted for 26% of all weapons used and a handgun was the most frequently used weapon. Of the 382,680 robberies committed in 1973, 63% were with a firearm.

See footnotes at end of article.

The relationship between alcohol and handgun deaths is complex and inconclusive. However, all available evidence points to the fact that the abuse of alcohol has a significant correlation with crime, especially homicide as noted in the 1958 Wolfgang Study. With the observations of the Wolfgang study, the facts that when consumed alcohol is the most prominent stimulus to the personality of a user who reacts violently, and, that the majority of homicides result from the combination of anger, passion, and the intent to hurt rather than kill, the relationship between handguns, alcohol, and homicides can be more closely associated.*

In more specific studies, Leonard Berkowitz of the University of Wisconsin has shown the mere presence of a gun to be a definite stimulation for aggression. Where anger was present, those allowed even a glance at a gun reacted much more aggressively than those equally as angry who had not seen a gun.* Public-opinion polls revealed the feelings of Americans on the issue of firearms registration. The November, 1974, Gallup Poll which asked a random sampling of people whether registration of all firearms should be required found that 71 percent responded "Yes" and 29 percent responded "No". The southern half of the nation responded 67 percent "Yes" and 33 percent "No", and the eastern half of the nation 83 percent "Yes" and 17 percent “No”.

In Georgia, for 1973, 82 percent of all homicides were committed with firearms; 62 percent of the homicides were with handguns which equated to 76 percent of all firearms used to commit homicide.

The following table provides a statistical breakdown of homicides by demographic areas in the State and its relationship to population for 1973.

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The crime of robbery in Georgia was committed 62 percent of the time with a firearm, and 58 percent of the time with a handgun which accounted for 94 percent of all firearms used for robbery.

Forty-five percent of all aggravated assaults in the States were committed with a firearm. Handguns accounted for 34 percent of the total reported cases which was 76 percent of all firearms used to commit aggravated assault."

From 1971 through 1974, suicide deaths by firearms in Georgia increased from 410 to 520 deaths. This represented a 27 percent increase in suicides by firearms." Of the 260 homicides committed in Atlanta in 1972, handguns were the weapons used in 62% of the offenses. Of the 260 homicides, 20% were committed by persons related to their victim, 50% were committed by persons acquainted with their victim and 23.1% were committed by persons unacquainted with their victim. The remaining 7% were unknown. The majority of homicidal offenders committed only one homicide.

In Atlanta, statistics for 1972 show guns were the weapon used in 53.1% of the 2,143 aggravated assaults. Of the 2,143 offenses, 75% were between relatives, friends or acquaintances. Of the 3,074 robberies in Atlanta, handguns accounted for 69.3% of the weapons used."

The Bureau of Alcohol, Tobacco and Firearms (ATF) of the U.S. Department of the Treasury recently conducted a survey of handguns confiscated in

See footnotes at end of article.

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