That could be interpreted different ways. He might be saying that there are only 40 guys in the family he trusts to do a good job, not that there are only 40 guys who have killed or are capable of killing.

I think it depends on the captain. If he's really really old school and isn't going to vouch for a guy unless the guy has protocol then you're going to have to take place in a hit. If the captain only cares about money he'll lie through his teeth and say the inductee is worthy.

Either way, whether or not the inductee has participated in a murder or not he'll need to be backed by people that have because the guys in the family who are killers will smell blood in the water and try to take advantage of the guy if he doesn't have tough people protecting him to some degree, be it the boss, his captain or guys working under him.