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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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57<br />

<strong>The</strong> following questions should there<strong>for</strong>e be taken into consideration<br />

with respect to extrinsic elements: what types <strong>of</strong> firearm are used to commit<br />

homicides <strong>and</strong> aggravated robberies (or any other type <strong>of</strong> <strong>of</strong>fence)? What<br />

types <strong>of</strong> firearm do the police recover? Were the weapons stolen or did they<br />

enter the country illegally? Where do they come from? 9 Considering the<br />

ef<strong>for</strong>t required to set up such a system, any solution <strong>for</strong> a PGT would thus<br />

take into account existing data (currently very much under-utilized) in the<br />

different law en<strong>for</strong>cement agencies <strong>and</strong> other institutions. Analyzing this<br />

data would bring fresh, relevant elements to the investigation.<br />

On the basis <strong>of</strong> the above, tracing can thus be defined as the capacity<br />

to uncover the history <strong>of</strong> a weapon <strong>and</strong> to link cases to one another if<br />

similarities are observed, whether in connection with the technical<br />

characteristics or with the elements <strong>of</strong> the criminal investigation. We have<br />

also emphasized the importance <strong>of</strong> the presence <strong>of</strong> the serial number in the<br />

partial reconstitution <strong>of</strong> the history <strong>of</strong> a weapon, <strong>and</strong> the significant<br />

contribution <strong>of</strong> in<strong>for</strong>mation from <strong>for</strong>ensic intelligence. This is why it is<br />

important to (1) precisely define the types <strong>of</strong> firearm involved, (2) to review<br />

the current categorization <strong>and</strong> definition <strong>of</strong> weapons, <strong>and</strong> (3) to include<br />

extrinsic elements in the global tracing process.<br />

It is furthermore important to recall that, in spite <strong>of</strong> all these<br />

shortcomings, the tracing operations currently being carried out by law<br />

en<strong>for</strong>cement <strong>of</strong>ficers <strong>and</strong> other institutions (BATF, Viva Rio, etc.) are<br />

producing significant results.<br />

2.4 WHAT ABOUT AMMUNITION?<br />

<strong>The</strong> involvement <strong>of</strong> ammunition <strong>and</strong> the elements related to<br />

ammunition in tracing operations remains a grey area; there has been no<br />

in-depth examination as to the appropriate measures to apply with respect<br />

to marking <strong>and</strong> tracing operations. What is more, there is no mention in<br />

Swiss law <strong>of</strong> any st<strong>and</strong>ards to be adopted with respect to marking <strong>and</strong><br />

tracing measures, whether <strong>for</strong> firearms or <strong>for</strong> ammunition. This is an area in<br />

dire need <strong>of</strong> rapid clarification.<br />

It is important to recall that ammunition is as dangerous as a firearm,<br />

<strong>and</strong> that it is an integral part <strong>of</strong> the various illegal networks <strong>and</strong> trafficking<br />

operations. <strong>The</strong> amount <strong>of</strong> cartridges produced on a daily basis by the

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