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TITLE VI-CONFIRMATION OF THE DIRECTOR OF THE
FEDERAL BUREAU OF INVESTIGATION

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
UNITED STATES FROM DECISIONS SUSTAINING
MOTIONS TO SUPPRESS EVIDENCE

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:

"83103a. Additional grounds for issuing warrant

3152.

Appeals.

"In addition to the grounds for issuing a warrant in section 3103 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
THE DISTRICT OF COLUMBIA

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).
CONGRESSIONAL RECORD:

Vol. 113 (1967):

Vol. 114 (1968):

Aug. 2, 3, 8, considered and passed House.
May 1-3, 6-10, 13-17, 20-23, S. 917 oonsidered
in Senate.

May 23, 24, oonsidered and passed Senate,
amended, in lieu of S. 917.

90th Congress, H. R. 15972
June 20, 1968

An Act

To permit black and white or color reproductions of United States and foreign postage stamps under certain circumstances, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of section 504 of title 18, United States Code, is amended to read as follows:

82 STAT. 240

U.S. and for eign postage stamps.

72 Stat. 1771,

"(1) the printing, publishing, or importation, or the making Reproductions. or importation of the necessary plates for such printing or publishing, of illustrations of—

66 (A) postage stamps of the United States,

66

"(B) revenue stamps of the United States,

(C) any other obligation or other security of the United States, and

"(D) postage stamps, revenue stamps, notes, bonds, and any other obligation or other security of any foreign government, bank, or corporation,

for philatelic, numismatic, educational, historical, or newsworthy purposes in articles, books, journals, newspapers, or albums (but not for advertising purposes, except illustrations of stamps and paper money in philatelic or numismatic advertising of legitimate numismatists and dealers in stamps or publishers of or dealers in philatelic or numismatic articles, books, journals, newspapers, or albums). Illustrations permitted by the foregoing provisions of this section shall be made in accordance with the following conditions

"(i) all illustrations shall be in black and white, except that illustrations of postage stamps issued by the United States or by any foreign government may be in color;

"(ii) all illustrations (including illustrations of uncanceled postage stamps in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagrah (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued; and

"(iii) the negatives and plates used in making the illustrations shall be destroyed after their final use in accordance with this section.".

SEC. 2. (a) The table of contents of chapter 31 of title 39, United States Code, is amended by striking out

“2506. Printing of black-and-white illustrations of United States stamps." and inserting in lieu thereof

"2506. Printing of black-and-white or color illustrations of United States stamps.".

74 Stat. 605.

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