The Executive order of September 8, 1909, if originally invalid for lack of authority, was validated by the Panama Canal act passed by Congress on August 24, 1912. The later Executive order of January 27, 1914, is believed to be invalid because the President did not have authority to legislate in the Canal Zone at that time by Executive order. Because of the questionable validity of this later Executive order, those charged with the duty of revising the laws of the Canal Zone recommend the pending bill which ratifies and amends in part these Executive orders. REGULATE THE CARRYING AND KEEPING OF ARMS IN THE CANAL ZONE FEBRUARY 17, 1932.-Referred to the House Calendar and ordered to be printed Mr. LEA, from the Committee on Interstate and Foreign Commerce, submitted the following REPORT [To accompany H. R. 7502] The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H. R. 7502) to regulate the carrying and keeping of arms in the Canal Zone, having considered the same, report thereon with a recommendation that it pass. The bill has the approval of the President and the Secretary of War, as will appear by the letter attached. Hon. SAM RAYBURN, WAR DEPARTMENT, Washington, January 28, 1932. Chairman Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR MR. RAYBURN: The receipt is acknowledged of a letter from the Hon. Clarence F. Lea, dated January 15, 1932, inclosing, and requesting on behalf of your committee a report upon, certain bills for the revision of the laws of the Canal Zone introduced by him, including bill H. R. 7502, entitled "A bill to regulate the carrying and keeping of arms in the Canal Zone." This is one of the proposals made for the revision of the laws of the Canal Zone recommended by me in letter to the President dated June 5, 1930, and in conformity with the provisions of the act of May 17, 1928 (45 Stat. 596), entitled "An act to revise and codify the laws of the Canal Zone" forwarded by him to the Congress with his message of June 9, 1930. The message and report submitted therewith were printed as House Decument No. 460, Seventy-first Congress, second session. Reference to this proposal is made on page 37 of that document. The purpose of this bill is to ratify an Executive order, possibly issued without sufficient authority, to clarify its meaning, and make the law more effective. Authority for granting permits to have and carry firearms is placed in the governor, and a provision respecting the carrying of arms in private aircraft is added. A comparison of the amendments proposed with the provisions of the present law is contained in House Report No. 2814, Seventy-first Congress, third ɛession, to accompany H. R. 14067. Due to a typographical error, the following amendment should be made: The early consideration and passage of the legislation proposed for the Canal Zone are recommended. Sincerely yours, PATRICK J. HURLEY, Secretary of War. The typographical error referred to by the Secretary of War on page 4, line 11, has been corrected by changing the word "permit" to the word "permits." A general statement relating to the revision and codification of the laws of the Canal Zone is made in the report on H. R. 7519, where the text of the law authorizing such work is quoted. This bill, H. R. 7502, amends the Executive order of the President of March 6, 1920. The sections of that Executive order that are amended are hereby inserted, showing the parts stricken out and the parts added: [Matter stricken out inclosed in black brackets; and new matter in italics] [SECTION I.] That it shall be unlawful for any one to carry on or about his person any firearm or any dirk, dagger, or other knife, or other weapon, manufactured or sold for the purpose of offense or defense, or any slung shot, air gun, sword cane, black-jack, or any knuckles made of metal or other hard substance. SEC. [II] 2. That the preceding section shall not apply to a person engaged in the military or naval service of the United States, or as a peace officer or officer authorized to execute judicial process of the United States or the Canal Zone, or in carrying mail or in the collection or custody of funds of the United States or the Canal Zone, while such officers or persons are engaged in the performance of their respective duties; nor to a member of a gun or pistol club organized for the promotion of target practice, a certified copy of the constitution and by-laws of which have been approved by the [Executive Secretary] Governor of the Panama Canal and filed with the chief of the police and fire division, when such member is going to or from a target range or is engaged in practice at the target range. [For the purposes of this order] A certificate of membership in the gun or pistol club shall be issued by the organization and approved by the chief of the police and fire division, which shall entitle the holder to carry firearms as is provided in this section. Neither shall the preceding section apply to any person authorized to have or carry arms by permit granted under the terms of this [order] act. SEC. [II] 3. That the [Executive Secretary] Governor of the Panama Canal may authorize the granting of permits to have and carry arms, as follows: 1. To hunt upon the public lands of the Canal Zone or upon lands occupied by private persons, when authorized by the latter. 2. To have arms in residences, offices, business places, and plantations and to watchmen or overseers of plantations, factories, warehouses, docks, or piers. Applications for such permits shall be made to the Governor of the Panama Canal, and shall contain the full name, residence, and occupation of the applicant; and if the applicant is a minor it shall not be granted without the consent of his parent or guardian; but no permit shall be granted to a minor under fifteen years of age. 3. To carry arms in private aircraft for hunting or protection of crew or cargo. [The Executive Secretary shall satisfy himself by due inquiry that the applicant is a proper person to have a permit to keep and carry arms; and he may grant or deny the application, as to him may seem proper.] SEC. [IV. 4. That when an application is granted by the [Executive Secretary] Governor for a permit to hunt, he shall indorse his approval thereon and file the application, and he shall cause a permit to be issued to the applicant upon his payment of a fee of $1. Hunting permits issued by virtue of this [order] act will allow the holder thereof to have, carry, and use firearms in the area or areas prescribed by the Governor of the Panama Canal, and on the conditions imposed by him under such general or special rules and regulations as he may issue from time to time. And the governor is hereby empowered to designate the area or areas of the Canal Zone in which hunting is permitted, and the class of arms that may be used in hunting in such areas; and no hunting shall be allowed outside of the areas so designated by him. And the Governor of the Panama Canal may, in such general or special rules and regulations, impose such other conditions in respect to hunting as he may deem necessary in the interests of public order and to prevent injury to persons or property. A permit granted under this section shall run for the fiscal year in which it is issued, and it may be revoked at any time for cause by the [Executive Secretary] Governor of the Panama Canal. SEC. [V.] 5. That permits heretofore issued by authority of law, to have and use firearms, shall not be affected by this [order] act, but such permits shall continue in force until the expiration of the period for which they were issued. SEC. [VI.] 6. That any one not authorized by this [order] act, who carries on or about his person any of the prohibited arms mentioned in section [I] 1 of this [order] act, or who hunts or engages in hunting without first obtaining the permit provided for in this [order] act, or who after obtaining such permit engages in hunting in violation of the provisions of this [order] act or any rule or regulation established by the governor hereunder, shall be [punished by a fine not exceeding $25 or by imprisonment in jail not to exceed thirty days, or by both such fine and imprisonment, in the court's discretion] guilty of a misdemeanor. [In addition to the punishment herein prescribed for a violation of this order, the courts shall adjudge the seizure and confiscation of the arms unlawfully had, used, or carried by the offending party, and the same shall be disposed of in such manner as the Executive Secretary of the Panama Canal shall determine.] SEC. [VII] 7. That penalties for the infringement of this [order] act shall be in addition to such punishment as may be imposed upon the offending person for any other offense that he may have committed in connection with the carrying or using of arms in violation of this [order] act. The Executive order is by this bill ratified or reenacted because it is considered that the President was without authority to promulgate it; it is amended in certain particulars for the purpose of clarifying its meaning and making the law more effective. In section 1 the words "or other weapon" and the word "blackjack" are added to the wording of the act. In section 2 the words "while such officers or persons are engaged in the performance of their respective duties" are inserted in the act for reasons which are obvious. In section 3 of the act a new subsection 3 is added respecting the carrying of arms in private aircraft. The law is further amended by placing the authority of granting permits to have and carry arms in the Governor of the Canal Zone rather than in the Executive Secretary, and various amendments are made to carry out that purpose. Sections 449 to 460 of the Criminal Code of the Canal Zone, which it is intended to repeal, are as follows: TITLE XVII CONCEALED WEAPONS SEC. 449. No person shall have or carry a firearm, or carry ready for use any other weapon in the Canal Zone, in or upon any public place, road, highway, street, store, café, dwelling, or tenement of land not his own, or have a loaded firearm in any place inhabited or occupied by him, except as shall be permitted and provided for in this title. The words "public place," as used herein, shall extend to and include any place where three or more persons are met together. SEC. 450. The prohibition contained in the foregoing section shall not apply to the possession of firearms by any person when engaged in the performance of his duties: 1. When engaged in the military or naval service of the United States. 2. In the Canal Zone or any municipal police force. 3. Engaged in carrying the mails, or employed as or by a common carrier of passengers or merchandise. |