The Scope and Implications of a Tracing Mechanism for Small Arms ...

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CHAPTER 4 STRUCTURES AND INSTITUTIONS NECESSARY TO SUPPORT THE EFFECTIVE OPERATION OF A FIREARMS TRACING MECHANISM Gary L. Thomas The Bureau of Alcohol, Tobacco and Firearms (ATF) is presenting this paper to assist States in developing the structures and institutions necessary to support the effective operation of a firearms tracing mechanism. Tracing is a powerful law enforcement weapon in fighting firearms-related violent crime and illegal trafficking. When we speak of firearms tracing, we ordinarily refer to the systematic process of tracking a recovered crime gun’s history from its source (the manufacturer or importer) through the chain of distribution (wholesaler/distributor) to the first retail buyer and, ultimately, to the last individual possessor of the firearm. 1 Of course, there are several mechanisms to accomplish this, many of which begin at an earlier stage in the lifespan of the firearm. For example, in some tracing mechanisms there is a record kept at every transfer of the firearm, expediting the tracing process to the last lawful possessor. In any event, the tracing of firearms is generally understood to begin with a recovered firearm, usually by law enforcement in the context of a crime, and end, if successful, with the firearm’s last possessor. The question often arises why a gun should be traced, especially if the perpetrator has been apprehended. The first reason is often because the individual arrested was not lawfully in possession of the firearm, and there is every incentive to find out how an unauthorized individual obtained it. 143
144 There are other reasons as well. When tracing is conducted comprehensively, analysis can determine major trends in the illegal trafficking of firearms. Tracing and trace data can provide additional information helpful to law enforcement such as other crime guns recovered nearby; the names and addresses of known criminal associates of the purchaser—who may be involved in the instant crime; or, if the firearms have been reported stolen, tracing can furnish additional leads. In short, tracing coupled with proper analysis can be the most effective means to identify potential illegal firearms traffickers or to pinpoint where and when crime guns have been diverted from lawful commerce. An effective tracing mechanism can also capture information about sales of multiple firearms, stolen firearms, and firearms with sanitized or obliterated serial numbers. Moreover, once recovered crime guns are traced, the information pertaining to the firearms, locations and individuals can be analyzed to identify trends and patterns of illegal firearms trafficking. Reports can therefore be generated which provide information about illegal firearms activity in a particular region or neighborhood; identify differences in the patterns and preferences of adult, youth and juvenile illegal activity; expand access to firearms-related enforcement information; and allow the initiation of local and regional reporting on illegal trafficking and possession. Thus, law enforcement agencies can focus their limited resources to have the greatest impact on the reduction of firearm violence by adults, youths or juveniles; identify potentially corrupt licensed dealers or the black and gray market in firearms; target sources of the preferred types of crime guns; identify sources of inter-State or international trafficking; and produce a balanced law enforcement strategy to reduce violent crime in communities. In short, the value of tracing all crime guns in reducing the criminal possession and misuse of firearms cannot be overstated. The value of tracing can be appreciated by the following real-life example: In July 1997, the body of a 16-year-old girl who had died of multiple gunshot wounds was found along a roadway in Arizona. The local sheriff's office was seeking new leads in this unsolved homicide. A detective learned that a possible witness in the case had been arrested on unrelated drug charges. Upon examining the property found on the subject, the detective uncovered what appeared to be a sales receipt,
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UNIDIR/2002/20 The Scope and Implic
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CONTENTS Page Preface. . . . . . .
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v Chapter 4 Structures and Institut
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viii point of diversion, thus inhib
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ACRONYMS ATFUS BATF BPA CFR CFR CIC
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xiii VIN WFSA WIES WR Vehicle Ident
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2 and lines of supply of illicit SA
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4 First, if a weapon has been invol
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6 The UN Programme of Action includ
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8 1.3 MARKING 1.3.1 Introduction A
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10 uniquely identify each productio
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12 • Ensure, at the time of trans
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14 • increasing the resistance of
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16 The UN Firearms Protocol, in its
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18 component of this project is to
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20 They clarify whether a weapon is
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22 Though such systems have great p
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24 have a more prominent role to pl
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26 That said, national intelligence
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28 training and technical assistanc
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30 This highlights one of the most
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32 An international tracing mechani
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34 Some of the necessary elements a
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36 on sources and lines of supply o
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38 In promoting international assis
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40 3 Programme of Action to Prevent
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42 25 This section draws on discuss
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45 BIBLIOGRAPHY Berkol, Ilhan, Mark
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CHAPTER 2 WHAT TO MARK AND WHAT TO
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49 tracing method for all SALW (con
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51 Figure 2: : The different sub-ca
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53 In order to better grasp the pro
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55 SALW include weapons of war, def
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57 The following questions should t
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59 All of this data, while useful f
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61 2.5 WHAT ARE THE CRITERIA FOR IN
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63 traced, but which ones? Precisel
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65 Table 1: Firearms recovered in c
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67 explosives belts and dozens of t
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69 This data provides an interestin
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71 weapons belonging to illicit cir
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73 imagine being able to effectivel
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75 case of Switzerland, it would be
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77 electronics in animal identifica
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79 based our reflection on goals fo
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81 10 Small Arms Survey, Annuaire s
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APPENDIX 1 83
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APPENDIX 3 85
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87 the army weapon is capable of au
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90 significance, hence in general t
Page 105 and 106: 92 3.1.2 Sanitization Removal or ob
Page 107 and 108: 94 Chinese Type 56-1 Unique Identif
Page 109 and 110: 96 verify that the imported weapons
Page 111 and 112: 98 weapons. There are risks involve
Page 113 and 114: 100 China Type 56 Russia AK47 Russi
Page 115 and 116: 102 channels, with the protection o
Page 117 and 118: 104 3.1.9 Comments Countries seekin
Page 119 and 120: 106 as a result, potentially tip-of
Page 121 and 122: 108 2. All markings must be made pe
Page 123 and 124: 110 shared encryption standard. The
Page 125 and 126: 112 Domestic record-keeping varies
Page 127 and 128: 114 Nevertheless, whilst the Wassen
Page 129 and 130: 116 individual weapon, should as a
Page 131 and 132: 118 • “Consolidation”—4 x 2
Page 133 and 134: 120 With the scope of the Protocol
Page 135 and 136: 122 The South African authorities a
Page 137 and 138: 124 • (Tracing) Details of all st
Page 139 and 140: 126 tracing Chinese weapons. Conseq
Page 141 and 142: 128 circulating information by fax
Page 143 and 144: 130 Tracing requests are normally c
Page 145 and 146: 132 encourage countries along the t
Page 147 and 148: 134 close enough to provide adequat
Page 149 and 150: 136 3. If Interpol is not up to the
Page 151 and 152: 138 which restrict the amount of in
Page 153 and 154: 140 9 It was notable during negotia
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Page 159 and 160: 146 Laws Firearms are a durable com
Page 161 and 162: 148 This last point should not be u
Page 163 and 164: 150 the future a firearm tracing qu
Page 165 and 166: 152 There are several important ele
Page 167 and 168: 154 Canada, nearly all transfers re
Page 169 and 170: 156 accuracy and man-hour effective
Page 171 and 172: 158 industry practices. An effectiv
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Page 175 and 176: 162 manner in national (and possibl
Page 177 and 178: 164 routine stockpile management. A
Page 179 and 180: 166 International regulations on th
Page 181 and 182: 168 2. The definitions of weapons,
Page 183 and 184: 170 enable national authorities to
Page 185 and 186: 172 serial number of the firearm. T
Page 187 and 188: 174 9. Explosives: the recommendati
Page 189 and 190: 176 • The States parties undertak
Page 191 and 192: 178 • The following is establishe
Page 193 and 194: 180 International regulations on th
Page 195 and 196: 182 • The participating States ag
Page 197 and 198: 184 The Convention on Plastic Explo
Page 199 and 200: 186 5.3.1 European Joint Action The
Page 201 and 202: 188 years in July 2001. In December
Page 203 and 204: 190 • States must make efforts to
Page 205 and 206: 192 a greater degree of harmonizati
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194 this may lead to the undesirabl
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196 28 Or at least difficult or imp
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198 49 Speech by Mr. Koffi Adjouman
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200 in its capacity as President of
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202 Table 1: Scope of the Seven Pri
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204 Table 1 (continued) Characteris
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206 Characteristics of the marking
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208 Characteristics of the marking
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210 Characteristics of the recordke
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212 Characteristics of the record-k
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214 Table 4: Comparison of the Stan
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216 Characteristics of the exchange
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218
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