Statement by Mr Gary Fleetwood, Australian Crime Commission to the Fourth Biennial Meeting of States on the United Nations Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons, in all its Aspects regarding the Consideration of the implementation of the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons. As delivered 17 June 2010.
(as delivered)
Thank you Mr Chair
Australia regards the tracing of illicit firearms as a serious component of action against the proliferation of illicit small arms and light weapons. My intervention today will focus on a particular aspect of Australia’s implementation of the International Instrument to enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small Arms and Light Weapons: the tracing activities of the Australian Government. Australia has a strong capacity to successfully trace firearms, underpinned by our robust regulatory regime of compulsory registration of firearms and the licencing of their owners. This regime includes air rifles and BB guns.
Established in 2004, Australia’s trace program, managed by the Australian Crime Commission, identifies the source of illicit firearms located in the Australian criminal market. This endeavor is strengthened by the targeted use of unique coercive powers available to the Commission when engaging with persons of interest.
Australia’s capacity to trace illicit firearms is facilitated by:
• A capacity to identify firearms and serial number structure.
• A strong relationship with both law enforcement and industry.
• The creation of an electronic database which satisfies tracing requirements.
The database used and developed by the Australian Government is unique for its accurate data-set of firearm related information, and for the very low cost in its initial outlay. The point we make is that you do not need a multi-million dollar electronic recording system to store firearm trace data: our own system is supported by information technology systems costing less than $1000.
Mr Chair
Australia is well placed to implement most of the International Tracing Instrument requirements, notwithstanding we have identified both technical and logistical issues that were documented in the May 2009 UNIDIR report ”Comparative Analysis of Post Manufacture Marking Instruments and Practices for Small Arms and Light Weapons.”
At this time these concerns remain - compounded by Australia’s acknowledged capacity to identify firearms for tracing purposes by the use of existing compulsory firearm registration systems and our legal requirement for a unique serial number to be placed upon all licit firearms before importation or at manufacture. Since 1934, Australia has imported 5 million firearms under this regime, and each of the some 2 million firearms produced domestically within Australia since 1915 also carry a unique serial number.
It is this unique serial number that enables a firearm to be isolated against all others, and it is this unique serial number that has proven to be time and time again the keystone for a successful trace and subsequent prosecution of persons involved in the illicit trafficking of small arms and light weapons.
Australia engaged strongly with international manufacturers and our own small “cottage” arms industry when formulating our concerns about marking at import to the author of the 2009 UNIDIR report.
Australia’s registration regime and subsequent firearm trace capacity has enabled identification of the most common types of firearm located in the illicit market, and the facilitators by which these firearms were diverted from the licit market.
Accordingly, the Australian Crime Commission is a key partner in a joint-agency team currently working on evidence based analysis to report on, amongst other issues, the types of illicit firearms located in the Australian illicit market and the manner in which they were diverted from the licit market. This project will eventually produce a public report and provide information for law-enforcement and partner agencies both within Australia and overseas. The information will rely heavily upon the Australian Government’s trace program and the resulting unique data-set.
Australia wishes to thank those member states who have willingly responded to requests for trace information on illicit firearms located in Australia. Generally these requests are sent to points of contact in countries with a strong firearm industry, either private or government. Sadly, however, there still remain a small number of countries who although manufacturers of a significant quantity of firearms, have been unable, or unwilling, to respond to firearm trace requests from the Australian Government.
Australia has assisted international law enforcement agencies in the tracing of illicit firearms that were located external to Australia. We undertake the task promptly, notwithstanding the legislative requirements associated with the dissemination of law-enforcement in-confidence data. A recent case involved the illegal importation of firearms into Australia from the United States, and through our strong relationship with the US Bureau of Alcohol Tobacco and Firearms, we facilitated dialogue within an hour between Australian and US investigators. Successful prosecutions both in Australia and the US were the outcomes.
Mr Chair
Let me quickly acknowledge both the Australian and international firearm industry for their participation and support for Australia’s firearm trace program. As an example, I reflect upon my visit last week to the United States, New Hampshire manufacturer, Sturm Ruger & Company, who facilitated access to their shipping records dating back to 1951.
Using this data, which we did not previously hold, the Australian Government will now be able to accurately identify the quantity of Ruger semi-automatic rifles that were imported into Australia – this data collection will enable evidenced-based analysis of the quantities of such firearms that remain in the Australian illicit market, and without bias quantify the success of the Australian National Firearm Buyback program of 1996 in removing unregistered firearms of this type from the Australian community.
Ruger also allowed access to their firearm marking facility, where I engaged with technical experts responsible for the proprietary processes for the marking and hardening of firearm frames and receivers. I also viewed Ruger’s automated process for the entry of firearm serial numbers into the company’s database.
Discussions and personal inspection of manufacturing processes with these experts re-enforced Australia’s concerns about the logistical and technical issues facing our country in attempting to implement the marking instrument’s requirement for stamping additional markings on hardened or polymer frames at the time of import, additional to the factory applied unique serial number.
Mr Chair
Australia stands ready to share our expertise with member states who may be interested in our experiences using an efficient and cost-effective system for the tracing of firearms. We hope to further develop contacts and mutual trust by attending meetings such as these. Thank you for allowing us to briefly highlight aspects of firearm tracing and marking which are relevant to Australia. And finally, we take this opportunity to thank the executive and staff of the ATF for their ongoing support to the Australian trace program.