Firearms as Evidence

Firearms and ballistic marching play an important role in criminal investigations, as “every firearm tells a story”. The information required to depict their story can be obtained from both the exterior and interior of a firearm, or from ammunition, and can be used to further investigations and prosecutions which contribute to intelligence gathering and analysis.

Firearms and their surrounding area at a crime scene can furnish a variety of evidence. These crime scenes can include, but are not limited to any place where:

A victim has sustained a firearms-related injury;
A firearm has been criminally discharged;
A firearm/firearm parts or components/ammunition/ammunition components believed to have been used in or linked to a crime is discovered; and
A firearm/firearm parts or components/ammunition has been unlawfully manufactured, converted, or test fired.

A ‘crime gun’ is a firearm that is possessed unlawfully and/or has been used in the commission of a crime. Proper examination and tracing (see below) of these items may:

Confirm/eliminate the weapon as the source of shots fired during the commission of a crime;
Enable the identification of persons of interest;
Reveal links to related crimes;
Indicate evidence of an illicit trafficking network; or
Indicate evidence of illicit manufacturing.

Firearms-related evidence can be used both in relation to the main crime but can also lead to the building of strong parallel criminal cases, such as international firearms trafficking. Sometimes, one piece of evidence can help in both investigations. For example, a ballistic comparison can confirm that a firearm was used in a murder case but also in other crimes committed in another country, which is already an indicator of the routing of that firearm.

Too often, the value of evidence that firearms, ballistics and ammunition provide is overlooked in criminal investigations; enforcement operations stop at the point of seizure or recovery. Yet, seized and recovered firearm-related items may themselves provide critical evidence of a broad range of additional crimes, such as firearms trafficking and illicit manufacturing.

Firearm Tracing

‘Firearms tracing’ is a critical tool in the investigation of firearms-related offences, particularly those involving trafficking and distribution. It assists in identifying sources of firearms used by criminal organizations and terrorist groups, as well as providing valuable intelligence on methodologies utilized in the trafficking of these firearms. Firearms tracing can also provide evidence which may link a suspect to a firearm.

The Firearms Protocol (UNODC, 2001: 3) defines tracing as “the systematic tracking of firearms and, where possible, their parts and components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of States Parties in detecting, investigating and analysing illicit manufacturing and illicit trafficking.”

A successful firearms trace will identify the manufacturer and the first retail purchaser of the firearm, using the manufacturer’s records of sale. Where the firearm has been later sold by the first purchaser, tracing the weapon through the history of its distribution chain may also, subject to national laws and recordkeeping, reveal any subsequent ownership and thereby identify its current legal owner. This identified individual (or entity) may be the perpetrator of a crime or may be otherwise relevant to the case or have information to contribute about the circumstances of the crime or its perpetrator. The tracing process may thus lead to evidence that is decisive in solving or prosecuting a case.

A firearm trace is not an indication that the person of interest has committed an unlawful act; it is simply intended to provide an avenue of information for investigative fact-gathering. In many cases additional investigation will be required to determine the point when the firearm became the subject of the investigation or inquiry, or when it became illicit.

Firearm tracing is a key resource, not only for the development of leads in a criminal investigation, but also for the development of actionable intelligence on complex firearm-related crime and firearms trafficking. The mapping and analysis of national and international firearm trace data may help to:

Delineate potential patterns and trends in firearm trafficking;
Reveal individuals and entities involved in firearm trafficking activities; and
Expose ‘red flag’ data such as disproportionate numbers of ‘lost’ or ‘stolen’ firearms from a single source, or short ‘time-to-crime’, etc.

The Modular Small-Arms-Control Implementation Compendium (MOSAIC 05.31, ‘Tracing illicit small arms and light weapons’) provides good practice and guidance on the steps for undertaking domestic and international tracing action, including the steps necessary to make and respond to international tracing requests as follows:

Unique identification of the weapon based on its markings and physical characteristics;
A domestic tracing operation to establish whether the weapon
- became illicit while under the jurisdiction of the State that recovered it (e.g. following its domestic manufacture or import), or
- possibly entered the country by illicit means;
An international tracing operation, if the weapon is suspected of having entered the country by illicit means;
The tracing operation (domestic or international) to identify the point in time and space at which the weapon became illicit;
Action taken to prosecute those responsible for diverting the weapon and to prevent similar diversions from recurring.

Firearms tracing can take place in different moments and contexts of a criminal investigation. It can be part of the initial investigative process of a law enforcement official or can also be requested by a prosecutor as part of a follow up or parallel investigation into illicit trafficking.

By implementing the tracing activities, investigators can make use of various tools available at a national level (for example, national databases on firearms owners, manufacturers, importers, and dealers) and an international level (for example, iArms and eTrace).

Source: UNODC, Firearms as Evidence, https://www.unodc.org/e4j/en/firearms/module-8/key-issues/firearms-as-evidence.html

Court Presentation of Forensic Ballistics Evidence

Releasing the Evidence for Court Presentation

All evidence requested by the court for presentation should be release by the crime laboratory through the evidence custodian of the fircarms identification division to the concerned firearms examiner for the same purpose
The release must be covered by the court order or subpoena and crimelab mission order approved by the Director, Crime laboratory, specifying the name of firearms examiner of evidence custodian summoned by the court to present the evidence, destination (e.g. NCJR, RTC, Branch 111, Quezon City), time and date of trial, court case title and number, and complete description of the subject firearm and related evidence.
The release of evidence for court presentation must be covered by a receipt, acknowledge by the receiver or concerned firearms examiner with two witness and approved by the Director, Crime laboratory.
The laboratory report and accompanying documents, firearms, fired bullets, fired cartridge cases and other evidence submitted in court are deemed under the legal custody of court as exhibits.
All information relate to the withdrawal of evidence for court presentation is reflected in the office evidence log book, signed by the receiver and the evidence custodian.

Transporting Evidence for Court Presentation

Transporting evidence for court presentation must be covered by a valid Court Order or Subpoena and Mission Order approved by the Director, Crime laboratory.
The evidence firearm and related specimen must be separately in padlocked secure evidence containers marked “EVIDENCE” The keys for these containers should be under the control and custody of the concerned Firearm Examiner or the evidence custodian.
After its presentation in court, the same without any delay should be transported back in safe condition to the crime laboratory, unless the court desires or orders the retentions of the same in their custody,
If more than three (3) firearms and related evidence are to be presented in court by the firearms examiner or evidence custodian, the same must be escorted by armed Crime Laboratory personnel preferable with communication device as escort A PNP Crime Laboratory marked vehicle should be used for the purpose. The number of escort and vehicle to be used shall determined by operation officer of the office and approved by the Director, CL. This procedures automatically applies to sensational cases, including court appearance outside Metro Manila;
Evidence for presentation in court outside one AOR, should be coordinated with the operations Officer of the concerned CL Office having jurisdiction over the area where the court situated, to facilitate the safety and security of personnel and evidence.

Turn Over of Evidence to Court

All evidence submitted in court as exhibit must be covered by the court order or receipt duly acknowledged by Court authorized evidence Custodian/Recorder.
Evidence not presented in court due to postponement of trial of the case should immediately deposited back to the Crime Laboratory through the evidence custodian.
All matters relative to the disposition of evidence should Immediately reported to the Director, Crime Laboratory while the documents and receipts covering its position should be deposited to the concerned Crime Laboratory Office through the evidence Custodian for reference purposes,
After the court duty or mission has been accomplished only matter should be reported to the Director, Crime Laboratory for his information.

Releasing of Evidence (to the Investigating Officer or Individual Party)

All requests for withdrawal of evidence firearms, on the unit letter head, must be addressed to the Director, PNP Crime Laboratory, and accompanied with the following documents:
- Court Order
- Authenticated photocopy of updated firearms License from FED or Memorandum Receipt from the supply Accountable Officer
  (SAO) of the concerned Office.
- In the absence of documents under para “I’ sub-para “a” certification from the investigating office stating among others that there is no case filed or to be filed involving the subject firearms.
- Duty status and no pending administrative case for PNP, BJMP and BFP personnel involving the same office
No evidence firearms and related specimen should be released to the requesting party unless all requirements stated under paragraph “I” are submitted. The release must be covered by a receipt where the authority, time, date of release signatories and disposition pertaining to the release are reflected.
No evidence firearm should be release unless recommended by the Chief, Firearms Identification Division, witnessed by one (1) Firearms Examiner, confirmed by the Deputy Director, approved by the Director, PNP Crime Laboratory and release by the office Evidence Custodian.

Disposition of Non-Withdrawable Firearms

After the resolution of the case, loose firearms shall not be released to the requesting office of the individual except when there is an order from the court stating the disposition of the same. The said firearms shall be eventually turned over to the custody of firearms and explosive Division, Civil Security Group (FED, CSG) or logistic Support Service (LSS), PNP for accounting and disposition
In case where a loose or unregistered firearm is no longer needed in court ass evidence the same shall be turned over to the FIREARMS AND EXPLOSIVE Division in accordance with the PNP Circular Number 05 and related PNP issuances which prescribes procedures on the disposition of captured confiscated and surrendered firearms.
In case where the licensee ceases to become qualified by the virtue of his death, the firearm should not be release to anybody neither to his nearest kin unless qualified as determined by the Chief, Philippine National Police otherwise the firearm shall be forwarded to the custody of the FED, CSG for safe keeping and disposition.