DEAR MR. SPEAKER:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00597A000100040011-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: October 13, 2004
• Sequence Number: 11
• Content Type: LETTER

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PERSONNEL OF TEE DEPARTMENT OF DEFENSE,
AUTHORIZE TEE CARRYING OF WEAPONS OUTSIDE
MILITARY RESERVATIONS
(DCD 85-115)
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DEPARTMENT OF THE NAVY
Washington 25, D. C.
Dear Mr. Speaker:
There is inclosed a draft of proposed legislation "To author-
ize military and civilian personnel of the Department of Defense
to carry firearms."
This proposal is a part of the Department of Defense Legisla-
tive Program for 1957 and the Bureau of the Budget has advised
that there would be no objection to the presentation of this pro-
posal for the consideration of the Congress. The Department of
the Navy has been designated as the representative of the Depart-
ment of Defense for this proposal. It is recommended that it be
enacted by the Congress.
Purpose of the Legislation
The purpose of this proposal is to confirm authority of mili-
tary and civilian investigative personnel of the Department of De-
fense to carry firearms. Carrying of firearms is necessary to pro-
vide essential protection to certain personnel in the discharge of
their duties.
Limited numbers of authorized military and civilian personnel
of the Department of Defense, specially trained and properly desig-
nated, have the duty of conducting investigations within the juris-
diction of the Department of Defense in such fields as espionage,
sabotage, and subversion. Investigations also are made in connec-
tion with major violations of the Uniform Code of Military Justice,
such as murder, manslaughter, rape, larceny, robbery, perjury,
mayhem, sodomy, arson, mutiny, sedition, extortion, burglary, and
certain conduct punishable under Articles 133 and 134+ of the uni-
form Code of Military Justice, such as smuggling, trafficking in
narcotics, blackmarket activities, and violations of customs, post-
al and currency regulations.
Most of the offenses cited above are felonies which are fre-
quently committed by desperate and dangerous persons. Agents come
into direct contact with such persons in the course of these inves-
tigations and are often exposed to considerable personal risk. Al-
though they are thoroughly trained in the use of firearms, they are
not specifically authorized by law to carry them. The proposed leg-
islation would afford to these agents, under Secretarial regulations,
the reasonable protection of firearms which is now provided for agents
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in other branches of the Government who have similar duties. (18
U.S.C. 3050, Bureau of Prisons; 3052, FBI; 3053, U. S. Marshals).
It is felt that implied administrative authority already ex-
ists to permit the carrying of firearms where there is reasonable
necessity therefor in the performance of official duties. The pro-
tection of clear legislation is desirable, however, to avoid mis-
understandings with local state law enforcement agents. It might
be pointed out that similar clarifying legislation has been enacted
not only in the case of the Department of Justice, but also as to
certain agents of the Departments of State (P. L. 104+, 84th Cong.;
69 Stat. 188) and Treasury (18 U.S.C. 3056).
Cost and Budget Data
Enactment of this proposed legislation would cause no increase
in budgetary requirements to the Department of Defense.
Speaker, House of Representatives
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To authorize military and civilian personnel of the Department of
Defense to carry firearms.
1 Be it enacted by the Senate and House of Representatives
2 of the United States of America in Congress assembled, That
3 chapter 203, title 18, United States Code, is amended by adding
1+ a new section as follows:
5 "-SEC. 3061. Authority of military and civilian personnel
6 of the Department of Defense to carry firearms.
7 "Subject to regulations prescribed by the Secretary of
8 Defense or the appropriate Secretary of a military department,
9 members of the Armed Forces and civilian employees of the De-
10 partment of Defense may carry firearms or other appropriate
11 weapons in the performance of their official duties."
12 SEC. 2. The analysis of chapter 203, title 18, United
13 States Code, is amended by adding the following item:
11+ "3061. Authority of military and civilian personnel of
15 the Department of Defense to carry firearms."
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