A Field Guide to Ghost Guns: For Police and Forensic Investigations by Robert E Walker

Author:Robert E Walker [Walker, Robert E]
Language: eng
Format: epub
Tags: Political Science, Criminal Law, Law Enforcement, Law, General
ISBN: 9780367490959
Google: 0xVQEAAAQBAJ
Goodreads: 58213533
Publisher: CRC Press
Published: 2021-12-17T00:00:00+00:00

In this offered hypothetical illustration, the individual is not properly credentialed to undertake a firearms examination because they have forsaken the presence of a functional receiver and confused it with a question of operability, let alone what is affecting the operation of the study subject. If such examinations were undertaken by under or non-credentialled persons and there is an erroneous conclusion made by such persons, this could create potential impediments to the case or, at the very least, embarrassment.

The examiner must disclose any issues with function that are discovered and what, if any, actions were required to actually make the firearm discharge to discern an inoperable versus a non-functioning firearm. The examiner could make a repair and attempt a test fire. Any of these discoveries or actions should be documented on the examiner’s report. If there is an intention to submit the firearm evidence to IBIS/NIBIN (Integrated Ballistic Identification System/National Integrated Ballistic Information Network), any repairs that would cause changes to individual characteristics must be disclosed to prevent a misidentification.

Within the communities of crime labs that work firearms cases, it is a common lab practice to retain exemplar firearms and parts to form a reference library. One stated purpose of such a library would be to allow an examiner access to firearms parts and conduct further testing if a part is discovered to be broken, or the exhibit, say in the case of a striped receiver, is completely devoid of parts and, therefore, a complete build would be required to affirm the receiver could be completed into an operable firearm. The author recalls a specific instance in which a privately made firearm was uncovered as part of a broader, non-firearm focused, investigation. Although the receiver and barrel were mated, there were no internal parts installed including the bolt and fire control parts. An outside lab offered to loan the author the missing internal parts so that the completed exhibit could be fully assembled and tested. In this case, it turned out to be unnecessary. Nonetheless, having access to such parts is invaluable when the need arises. In furtherance of this effort, the working firearms examiner should have access to the most detailed schematics and plans for any firearm for just such a contingency. Not only is it important to articulate the proper name or identify a certain part, should loaner parts be necessary, the examiner should be able to articulate them by proper nomenclature.

Any of the aforementioned issues are temporary conditions that are easily rectified. If the inhibiting condition is temporary and easily fixed, this meets the plain English meaning of the verbiage, “readily restored to function.” A broken firing pin may prevent a firearm from discharging a round of ammunition when the trigger is pressed; nevertheless, replacing the firing pin in many firearms is a job that takes a few minutes. Even if faced with such conditions, insomuch as the frame or receiver is present, the examiner could still affirm that the exhibit under study is a firearm.

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