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

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

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• accessibility <strong>of</strong> the records (physical location or accessible<br />

electronically);<br />

• timeliness <strong>of</strong> retrieval system;<br />

• retrievability <strong>of</strong> in<strong>for</strong>mation (i.e., how the records are filed).<br />

Wholesalers <strong>and</strong> distributors also play an important part in the tracing<br />

process because they <strong>for</strong>m a link between the maker <strong>and</strong> seller <strong>of</strong> the<br />

firearm. More significantly, because wholesalers <strong>and</strong> distributors <strong>of</strong>ten deal<br />

in large shipments <strong>of</strong> firearms, they can be targets <strong>for</strong> theft or serve as the<br />

diversion point <strong>for</strong> illicit trafficking. Accordingly, any tracing system must<br />

account <strong>for</strong> the accurate recording <strong>of</strong> each firearm transfer between<br />

manufacturer <strong>and</strong> wholesaler or distributor <strong>and</strong>, subsequently, between<br />

retailer or dealer. Important considerations <strong>for</strong> the wholesaler <strong>and</strong><br />

distributor, in addition to those <strong>of</strong> the record keeper, include:<br />

• ensuring that accurate records are maintained during large shipments;<br />

• establishing proper reporting <strong>and</strong> followup procedures when shipments<br />

fail to arrive or arrive incomplete.<br />

It should be pointed that importers are crucial in the tracing process<br />

when they are required to impress an additional permanent marking to the<br />

firearm at the time <strong>of</strong> import. In the US, <strong>for</strong> example, importers are required<br />

to mark all imported firearms with a unique marking. (This mark is<br />

recorded.)<br />

This system can expedite the tracing process because the marking<br />

provides an “update” on a firearm, especially where the firearms was not<br />

marked or poorly marked (as in older, used guns). Thus, a trace can<br />

commence from the record kept at the time <strong>of</strong> import, not from the time <strong>of</strong><br />

manufacture. <strong>The</strong>re<strong>for</strong>e, the role <strong>of</strong> the importer as a key player in the<br />

tracing process must be acknowledged.<br />

Dealers play a significant role in the tracing system because they<br />

sometimes represent the last recorded collection point <strong>for</strong> firearm<br />

in<strong>for</strong>mation. In the US, <strong>for</strong> example, private transfers <strong>of</strong> firearms are not<br />

generally regulated, leaving the transfer from the dealer to the first retail<br />

buyer the last record <strong>of</strong> the firearm. While this system requires an <strong>of</strong>ten<br />

time-consuming investigative trace by individual law en<strong>for</strong>cement <strong>of</strong>ficials,<br />

it does not shift the burden <strong>of</strong> record-keeping to non-licensed persons, i.e.,<br />

those not under regulation by the government. In other States, such as

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