82 STAT. 235 Effective date. Ante, p. 234. 80 Stat. 524. "Felony." SEC. 907. The amendments made by this title shall become effective one hundred and eighty days after the date of its enactment; except that repeal of the Federal Firearms Act shall not in itself terminate any valid license issued pursuant to that Act and any such license shall be deemed valid until it shall expire according to its terms unless it be sooner revoked or terminated pursuant to applicable provisions of law. TITLE V-DISQUALIFICATION FOR ENGAGING IN RIOTS SEC. 1001. (a) Subchapter II of chapter 73 of title 5, United States Code, is amended by adding immediately after section 7312 the following new section: "8 7313. Riots and civil disorders "(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of "(1) inciting a riot or civil disorder; "(2) organizing, promoting, encouraging, or participating in a riot or civil disorder; "(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or "(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder; shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position. "(b) For the purposes of this section, 'felony' means any offense for which imprisonment is authorized for a term exceeding one year." (b) The analysis of chapter 73 of title 5, United States Code, immediately preceding section 7301 of such title, is amended by striking out the analysis of subchapter II and inserting in lieu thereof the following: Effective date. "Sec. "SUBCHAPTER II-EMPLOYMENT LIMITATIONS "7311. Loyalty and striking. "7312. Employment and clearance; individuals removed from national security. "7313. Riots and civil disorders." (c) The heading of subchapter II of chapter 73 of title 5, United States Code, immediately preceding section 7311 of such title, is amended to read as follows: "SUBCHAPTER II-EMPLOYMENT LIMITATIONS". SEC. 1002. The provisions of section 1001 (a) of this title shall apply only with respect to acts referred to in section 7313 (a) (1)-(4) of title 5, United States Code, as added by section 1001 of this title, which are TITLE VI-CONFIRMATION OF THE DIRECTOR OF THE SEC. 1101. Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule. TITLE VII-UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS SEC. 1201. The Congress hereby finds and declares that the receipt, possession, or transportation of a firearm by felons, veterans who are other than honorably discharged, mental incompetents, aliens who are illegally in the country, and former citizens who have renounced their citizenship, constitutes (1) a burden on commerce or threat affecting the free flow of commerce, (2) a threat to the safety of the President of the United States and Vice President of the United States, (3) an impediment or a threat to the exercise of free speech and the free exercise of a religion guaranteed by the first amendment to the Constitution of the United States, and (4) a threat to the continued and effective operation of the Government of the United States and of the government of each State guaranteed by article IV of the Constitution. SEC. 1202. (a) Any person who (1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony, or (2) has been discharged from the Armed Forces under other than honorable conditions, or (3) has been adjudged by a court of the United States or of a State or any political subdivision thereof of being mentally incompetent, or (4) having been a citizen of the United States has renounced his citizenship, or (5) being an alien is illegally or unlawfully in the United States, and who receives, possesses, or transports in commerce or affecting commerce, after the date of enactment of this Act, any firearm shall 82 STAT. 236 80 Stat. 460. 5 USC 5313. be fined not more than $10,000 or imprisoned for not more than two Penalty. years, or both. (b) Any individual who to his knowledge and while being employed by any person who (1) has been convicted by a court of the United States or of a State or any political subdivision thereof of a felony, or (2) has been discharged from the Armed Forces under other than honorable conditions, or (3) has been adjudged by a court of the United States or of a State or any political subdivision thereof of being mentally incompetent, or (4) having been a citizen of the United States has renounced his citizenship, or (5) being an alien is illegally or unlawfully in the United States, and who, in the course of such employment, receives, possesses, or transports in commerce or affecting commerce, after the date of the Penalty. 82 STAT. 237 Definitions. Exemptions. 62 Stat. 844. enactment of this Act, any firearm shall be fined not more than $10,000 or imprisoned for not more than two years, or both. (c) As used in this title (1) "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country; (2) "felony" means any offense punishable by imprisonment for a term exceeding one year; (3) "firearm" means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer; or any destructive device. Such term shall include any handgun, rifle, or shotgun; (4) destructive device" means any explosive, incendiary, or poison gas bomb, grenade, mine, rocket, missile, or similar device; and includes any type of weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive and having any barrel with a bore of one-half inch or more in diameter; (5) "handgun" means any pistol or revolver originally designed to be fired by the use of a single hand and which is designed to fire or capable of firing fixed cartridge ammunition, or any other firearm originally designed to be fired by the use of a single hand; (6) "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger; (7) "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. SEC. 1203. This title shall not apply to (1) any prisoner who by reason of duties connected with law enforcement has expressly been entrusted with a firearm by competent authority of the prison; and (2) any person who has been pardoned by the President of the United States or the chief executive of a State and has expressly been authorized by the President or such chief executive, as the case may be, to receive, possess, or transport in commerce a firearm. TITLE VIII—PROVIDING FOR AN APPEAL BY THE SEC. 1301. (a) Section 3731 of title 18, United States Code, is amended by inserting after the seventh paragraph the following new paragraph: "From an order, granting a motion for return of seized property or a motion to suppress evidence, made before the trial of a person charged with a violation of any law of the United States, if the United 82 STAT. 238 the appeal is not taken for purpose of delay and that the evidence is a substantial proof of the charge pending against the defendant." (b) Such section is amended by striking out in the third paragraph Release. from the end "the defendant shall be admitted to bail on his own recognizance" and inserting "the defendant shall be released in accordance with chapter 207 of this title". 62 Stat. 821; 80 Stat. 214. SEC. 1302. Section 935 of the Act of March 3, 1901 (31 Stat. 1341) 18 USC 3141(D.C. Code, sec. 23-105), is amended (a) by inserting "(a)" immediately before "In all"; and (b) by adding at the end thereof the following new subsection: (b) The United States may also appeal an order of the District of Columbia Court of General Sessions, granting a motion for return of seized property or a motion to suppress evidence, made before the trial of a person charged with a violation of any law of the United States, if the United States attorney conducting the prosecution for such violation certifies to the judge who granted such motion that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of the charge pending against the defendant. Pending the prosecution and determination of such appeal, the defendant, if in custody for such violation, shall be released in accordance with chapter 207 of title 18, United States Code." TITLE IX-ADDITIONAL GROUNDS FOR ISSUING WARRANT SEC. 1401. (a) Chapter 204 of title 18, United States Code, is amended by inserting immediately after section 3103 the following new section: "8 3103a. Additional grounds for issuing warrant "In addition to the grounds for issuing a warrant in section 3103 3152. Appeals. of this title, a warrant may be issued to search for and seize any 62 Stat. 819. property that constitutes evidence of a criminal offense in violation of the laws of the United States." (b) The table of sections for chapter 205 of title 18, United States Code, is amended by inserting after the item relating to section 3103 the following: "3103a. Additional grounds for issuing warrant." TITLE X-PROHIBITING EXTORTION AND THREATS IN SEC. 1501. Whoever with intent to extort from any person, firm, association, or corporation, any money or other thing of value: (1) transmits within the District of Columbia any communication containing any demand or request for ransom or reward for the release of any kidnapped person, shall be fined not more than $5,000 or imprisoned not more than twenty years, or both; (2) transmits within the District of Columbia any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined not more than $5,000 or imprisoned not more than twenty years, or both; or (3) transmits within the District of Columbia any communication containing any threat to injure the property or reputation of the recipient of the communication or of another or the reputation of a deceased person or any threat to accuse the recipient of the communication or any other person of a crime, shall be fined not more than $5,000 or imprisoned not more than twenty years, or both. SEC. 1502. Whoever threatens within the District of Columbia to 82 STAT. 239 Separability. damage the property of any person or of another person, in whole or in part, shall be fined not more than $5,000 or imprisoned not more than twenty years, or both. TITLE XI-GENERAL PROVISIONS SEC. 1601. If the provisions of any part of this Act or any amendments made thereby or the application thereof to any person or circumstances be held invalid, the provisions of the other parts and their application to other persons or circumstances shall not be affected thereby. Approved June 19, 1968, 7:14 p.m. LEGISLATIVE HISTORY: HOUSE REPORT No. 488 (Comm. on the Judiciary). SENATE REPORT No. 1097 accompanying S. 917 (Comm. on the Judiciary). Vol. 113 (1967): Aug. 2, 3, 8, considered and passed House. May 23, 24, considered and passed Senate, |