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

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145 and he believed that the numbers might represent a firearm serial number. The detective contacted ATF to trace the number. ATF was able to determine that the same serial number had been previously traced in connection with a drug crime. Further investigation revealed that the firearm used in the drug crime was still in police custody. Ballistics tests confirmed that the firearm used in the drug crime was also used to kill the 16-year old girl. The detective interviewed the drug suspect, who admitted lending the firearm to two people on the night of the murder. These individuals were identified and arrested in connection with the murder. They both pled guilty and were convicted of second-degree murder. The arrest of the two murderers would not have been possible had the officer not traced the murder weapon when arresting the subject on unrelated drug charges. As evidenced by this example, it becomes clear how essential an effective firearms tracing system is in the fight against violent crime and illicit firearms trafficking. This paper will attempt to outline the basic structures and institutions necessary to support an effective tracing system (Section I), identify the existing structures and organizations that can assist in support of a tracing mechanism (Section II), identify the roles of the various players in an effective tracing system (Section III), evaluate the cost and effectiveness of three tracing mechanisms (section IV), and conclude with an overview of the impediments to an effective tracing system. 2 The following discussion provides the means by which a State may establish a firearms tracing process. 4.1 FUNDAMENTAL STRUCTURES AND INSTITUTIONS 4.1.1 Legal Framework Essential to any effective tracing system is a network of laws, regulations, and law enforcement structures with the capability of regulating the manufacturing, transferring and record-keeping of firearms.
146 Laws Firearms are a durable commodity and pose an inherent danger if misused. Moreover, firearms are used as tools in most law enforcement agencies and the military and also serve the interests of hunters and other recreational sportspersons. Accordingly, any viable tracing system requires the enactment of a system of laws regarding the creation and distribution of firearms. Consistent with a State’s constitutional system, these laws should include specific regulations involving the following: • Definition of a firearm: Many national laws define a firearm by its functionality, i.e., whether it can expel a projectile, or by its lethality, i.e., whether the device can expel a projectile that can cause serious injury or death, while other laws define a firearm by its primary component part, e.g., the frame or receiver. It is important that the State provide a law that is sufficiently clear to ensure that those weapons to be regulated can be distinguished from toys, for example. In addition, a State may wish to include in its definition of firearms air guns, paintball devices, flare guns, starter pistols, or partially manufactured or deactivated firearms. In any event, the development of a workable definition is a necessary step for any tracing system. • Marking of a firearm: Because a tracing system relies primarily upon the marking or a combination of markings impressed upon a firearm, there must be laws that govern, in some degree, the procedures used for such markings. For example, a State may choose to issue blocks of numbers or codes for its firearms, or require the manufacturer or importer to perform the markings. The State may also consider requiring a standard size and depth for markings to discourage their obliteration. • Record-keeping: The marking of a firearm is of little value if the record of that marking is not retained, or is retained in a manner not accessible or subject to use by law enforcement. Accordingly, a State must issue laws that require, to some degree, the maintenance, retention and access of recorded marks upon a firearm and allow proper authority to access those records in a timely fashion to complete a firearms trace (e.g., 24 hours a day).
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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
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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 157: 144 There are other reasons as well
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
Page 207 and 208: 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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