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

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158<br />

industry practices. An effective tracing system does involve obvious<br />

financial costs, but the costs avoided from crimes not committed must also<br />

be considered, along with the social costs <strong>of</strong> violent crime. <strong>Tracing</strong> is a key<br />

weapon in fighting the battle against firearms violence.<br />

Notes<br />

1<br />

Sometimes a distinction is made between a firearms trace <strong>and</strong> an<br />

investigative trace. A firearms trace is <strong>of</strong>ten a trace by means <strong>of</strong> existing<br />

records, either kept electronically or manually on paper. An<br />

investigative search is distinguished by personal interviews or other<br />

investigative contacts with those individuals who may have possessed<br />

the firearm after it left the recorded chain <strong>of</strong> commerce. Accordingly,<br />

an investigative trace is more time <strong>and</strong> resource intensive.<br />

It must also be noted that the tracing <strong>of</strong> firearms means tracing <strong>of</strong> crime<br />

guns. Guns are not ordinarily traced <strong>for</strong> commercial purposes but only<br />

in relation to a crime. Hence, one <strong>of</strong> the key reasons <strong>for</strong> tracing a<br />

firearm is to identify where the firearm was diverted from the legal to<br />

the illegal market. Such in<strong>for</strong>mation is critical to prosecuting<br />

individuals who unlawfully possess or illicitly traffic firearms.<br />

2<br />

This paper assumes that, absent a global unitary tracing system (an<br />

unlikely prospect in at least the near future), an effective tracing system<br />

will be both impeded by (due to incompatibility <strong>of</strong> tracing systems) <strong>and</strong><br />

assisted by other existing tracing systems.<br />

3<br />

Richard F. Grimmett, “CRS Report <strong>for</strong> Congress: Conventional <strong>Arms</strong><br />

Transfers to Developing Nations 1993-2000”, Congressional Research<br />

Service, p. 75, Table 8D, 16 August 2001.<br />

4<br />

In similar fashion, the US military maintains its own tracking <strong>and</strong><br />

tracing system <strong>for</strong> its firearms. For example, the US Army has<br />

established a Central Registry <strong>for</strong> all small arms in the Department <strong>of</strong><br />

Defense arsenal. This registration, which is accomplished ordinarily<br />

through serial numbers, can track the weapon over its lifetime. As a<br />

result, the military is able to determine, “Who had it last?” <strong>and</strong> “Where<br />

has it been?”<br />

5<br />

See, <strong>for</strong> example, Articles VII <strong>and</strong> VIII to the Protocol. Similar language<br />

is used to require marking <strong>and</strong> record-keeping systems in the<br />

Organization <strong>of</strong> American States’ Convention signed by the US.<br />

6<br />

See Article II, paragraphs 7 <strong>and</strong> 9.

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