| Studies Debunk GUN 'FINGERPRINTING' |
SACRAMENTO, Calif. - The technology doesn't yet exist to enable California to track the ballistic "fingerprints" of every firearm made and sold in the state, Attorney General Bill Lockyer said Wednesday in a report based on studies at the center of the national gun control debate.
Similar to DNA comparison technology of a decade ago, however, the potential is so great that the federal government should make developing such technology a priority, Lockyer concluded in a report to lawmakers.
His conclusions are based on two related California studies that found it currently is impractical to catalog the unique identifying marks from every firearm in California. Instead, he said, the state should monitor the progress of more limited new handgun tracking systems in Maryland and New York.
A universal ballistics database would help solve crimes, but "further refinement and maturing of the technology will need to occur before this capability is realized for the size of the system needed in California," Lockyer's Department of Justice said in its report to legislators.
Opponents of a national database have used the California studies to counter congressional proposals for a nationwide ballistics database spurred by last fall's sniper spree on the East Coast. Proponents, meanwhile, had hoped a California law would help spur similar databases in other states and, ultimately, nationally.
But Wednesday's report says a nationwide tracking database ultimately will make more sense. The federal government has the money and experience, the report says, and to work properly the database needs to track guns in every state.
Proponents and opponents have looked to California as an example because it sells and produces the most guns of any state, more than 100,000 handguns a year. Maryland, by contrast, recorded 12,400 handguns in its database last year, while New York recorded 20,973.
Technology one day may make tracking that many firearms realistic, and new methods may make matching bullets from crime scenes to firearms in the database cheaper and easier, the report concludes.
The report released Wednesday was, by law, supposed to be sent to legislators in June 2001, but Lockyer delayed its release after his Justice Department concluded such a system was impractical. He asked the federal Bureau of Alcohol, Tobacco and Firearms to offer a rebuttal to the state's draft study, and delayed the report again for an independent review by a European expert.
The ATF disputed much of the California report, concluding that even with current technology, "large-scale ballistic comparison goes from an impossibility to a valuable investigative tool."
But Belgian ballistics expert Jan De Kinder supported the earlier state study and disputed the ATF's rebuttal.
http://www.bayarea.com/mld/mercurynews/news/local/5058960.htm
You can find more info at http://www.nssf.org/releases/013003CA.htm and a complete report at http://www.nssf.org/share/BI_idx/PDF/lockyer.pdf
Attorney General Lockyer Releases Report on Ballistics "Fingerprinting" Database
January 29, 2003
(SACRAMENTO) – Attorney General Bill Lockyer today released to the
California Legislature a report on the feasibility of creating a ballistics
"fingerprinting" database to assist law enforcement officers in
solving crimes by matching crime scene evidence with ballistics information
from handguns sold in the state.
"Automated ballistics fingerprinting already is helping forensic
experts using relatively small databases to compare cartridge cases found at
crime scenes," Lockyer said. "The expansion of the databases to
include hundreds of thousands of newly-manufactured firearms has the
potential to be a great crime-solving tool for law enforcement officers.
"However, our analysis concludes that today's technology is not yet
adequate to handle the volume associated with adding all new guns to the
database and still provide useful information for investigators,"
Lockyer said. "We firmly believe that current technological obstacles
will be overcome before long and that there should be further scientific
research at both the state and federal level in order to provide law
enforcement agencies throughout the country with an effective ballistics
system that will solve many more crimes and save many more lives."
The Department of Justice (DOJ) was directed to study the feasibility of
establishing a California ballistics identification system by AB 1717 (Hertzberg,
2000). Such a system involves imaging cartridge cases or bullets, which are
microscopically marked by the firing pin, ejector, barrel and other internal
mechanisms as they are expelled from a firearm. The size, shape and location
of these marks can then be used to establish a smaller group of firearms
that share the same characteristics. While a database should be able to
create the smaller group automatically, the final candidates must be
visually examined and compared by specially trained forensic scientists who
make a conclusive "hit," or match, with bullets or cartridge cases
found at crime scenes. The DOJ
report found that in California, where 80,000 new handguns were
purchased in 2002 alone, the database would be too big to quickly narrow the
pool of images for comparison purposes using existing technology.
In preparing its report, the DOJ consulted with law enforcement officers,
firearms manufacturers, forensic scientists, manufacturers of ballistics
imaging technology and other organizations. The first meeting was held in
April 2001. A limited study was prepared by the DOJ's Bureau of Forensic
Services (BFS), which raised serious questions about the ability of current
computer matching technology to accommodate a ballistics imaging database
that would be as large as California's. The federal Bureau of Alcohol,
Tobacco and Firearms and Forensic Technology, Inc., currently the only
provider of ballistics imaging technology worldwide, submitted extensive
comments in rebuttal to the BFS findings. The DOJ contracted with renowned,
independent forensic scientist and firearms examiner Dr. Jan De Kinder
of the National Institute for Forensic Science in Belgium to analyze the
technologies discussed in those reports and comments.
Based on De Kinder's report and the other studies, the DOJ determined
that a database using current technology would be unable to reduce the
number of cartridge cases sharing similar characteristics to the extent that
scientists would be able to provide a "hit," or match, with crime
scene evidence.
The report calls for further study into several areas. At the federal level,
the report urges officials to work with other states in determining
appropriate protocols that would allow states to share resources and
ballistics imaging data. The Department of Justice's Bureau of Forensic
Services is poised to perform at least three studies:
GUN 'FINGERPRINTING' SUCCESS QUESTIONED
By DON THOMPSON Associated Press
Writer
SACRAMENTO, Calif. (AP) . Two related California studies
to be released this week conclude it is currently impractical to catalog the
ballistic ``fingerprints'' of every firearm in the state.
Recording every firearm made and sold in the nation's
most populous state could be overwhelming, according to an internal California
Department of Justice report obtained last fall by The Associated Press.
Supporters of a proposed nationwide database fear the
report, combined with an independent review of it, will further undermine
congressional support for a national firearms database inspired by last fall's
Washington area sniper attacks. The reports, along with a federal rebuttal, are
to be submitted to state lawmakers.
Gun control supporters want the state to lead the way by
passing legislation requiring manufacturers to provide a bullet ``fingerprint''
for every gun made and sold in California, which sells and produces more guns
than any other state. Currently, Maryland and New York require ballistics be
kept only on handguns.
California's initial study found the number of potential
computer matches in the state ``will be so large as to be impractical,'' that
``a large proportion'' of weapons couldn't be recorded, and that each gun's
markings change with routine use and can be easily altered.
State Attorney General Bill Lockyer delayed the release
of the state report while he submitted it for reviews by the federal Bureau of
Alcohol, Tobacco and Firearms, and by independent ballistics expert Jan De
Kinder of Belgium.
The ATF disputed much of the California report, saying
that with systems being developed by the ATF and FBI, ``large-scale ballistic
comparison goes from an impossibility to a valuable investigative tool.''
De Kinder, of Belgium's National Institute for Forensic
Science, supported the state study and disputed the ATF's rebuttal.
Such databases hold promise, De Kinder concluded, but
not without improvements in the current technology. The system tested was
ineffective in a third to two-thirds of test firings, and ``the situation
worsens as the number of firearms in the database is increased,'' he found.
His review will be included as an appendix in a report
Lockyer will send to state lawmakers, said spokeswoman Hallye Jordan.
Lockyer is expected to conclude that a statewide
database for large-scale ballistics comparisons is not currently practical and
to recommend more research and development.
Wayne LaPierre, executive vice president of the National
Rifle Association, said the studies illustrate that ``this needs a lot more
study or a lot of money will be wasted.''
Gun control advocates said De Kinder's report shows such
databases hold promise even if they're not ready yet.
``We think the system has tremendous potential. It
clearly needs more support and development,'' said Luis Tolley, Western director
of the Brady Center to Prevent Gun Violence. ``It's similar to where we were 10
years ago with DNA.''
Ballistics comparisons are widely used to match bullets
to specific firearms, or to link bullets found at different crime scenes to the
same weapon. Long before they had suspects in custody last fall in the
Washington-area sniper attacks, investigators used such comparisons to conclude
that bullets recovered in separate shootings came from a single rifle.