October 23, 2002 9:00 a.m.
Not So Fast
Ballistic fingerprinting wont work in response to the D.C.
sniper.
By Dave Kopel
& Paul H. Blackman 
he Sniper has reinvigorated gun-prohibition groups. Gun control is the
answer for them, of course, to a murder spree by someone using some
kind of rifle or handgun in a caliber of approximately .223. The
prohibition lobbies and their media dupes are calling the suspect .223
"high-powered," but it's really about as low powered as a centerfire
rifle gets. As a hunting round, it's for varmints, not big game. While
the Violence Policy Center has been making a big deal about "sniper
rifles" and "sniper culture" (thereby denigrating the many decent
people who serve as snipers for the police or the military), the .223
caliber if that's what the shooter is using is quite far from the
long-range, high-power type of rifle used by police and military
snipers.
Thus, the
gun-control issue du jour is so-called "ballistic
fingerprinting" or "ballistic DNA." The theory is that when a bullet
goes through a rifled barrel handgun or rifle striations are made
on the bullet that are unique to that particular barrel, just as DNA
and fingerprints are unique. So, once you have a crime bullet, all you
need to do is compare it to all other bullets, find your match, and go
from there, just as you would do with a fingerprint or DNA sample.
Note the first obvious problem: You need something to compare it to.
Some law-enforcement officials would probably like it if they had
computers files of everyone's fingerprints and DNA, and such a
database would certainly help solve many crimes. A scheme for
collecting such private information from every household in the United
States would be politically impossible currently but once the
privacy of half of all American households that own firearms is
breached, then breaching the privacy of the other half of households
may be politically easier.
Supposedly, the government can collect a barrel print from every gun,
or at least every new gun, and then a crime bullet can be compared to
the sample. Obviously, that also requires knowing who owns each gun
associated with a particular bullet, which is one reason why the
program requires universal gun registration. If it's okay to require
that all rifles and handguns be sampled and clearly associated with
the owners who own the barrel that can make such markings, it hard to
see why it would not be okay to require fingerprints and DNA samples
from everyone. There are far more crimes that can be solved with
fingerprint or DNA analysis than with bullet-striation analysis.
Indeed, the case for fingerprint/DNA collection is stronger than the
case for collection of bullet markings; fingerprints and DNA are
immutable, and thus very useful for criminal investigations. But
barrel markings change. They change over time, microscopically with
each firing of the gun; for inexpensive guns with softer metal
barrels, 50 or 100 rounds can change the striations. If 1,000 rounds
are fired through the gun (as would be common during a long weekend of
serious target practice), the changes are all the greater. In
addition, scraping the inside of the barrel physically or chemically
can deliberately alter barrel markings.
Finally, for many guns, the barrel can be changed entirely. Barrels
are commonly available after market components. Gun owners often buy
replacement barrels to improve a gun's performance, or to replace a
barrel that has been worn out by heavy practice. For guns that have
integral barrels that can't be switched out, the barrel can be rebored
as is often done for a gun that has been worn out by heavy use.
Even if we somehow register and collect data from every new rifle and
handgun, from the many tens of millions of rifles and handguns
currently in private hands (including guns owned by criminals), and
from the unknown number of spare barrels currently in private hands,
and even if there were some magical way to prevent gun barrels from
being altered by scratching, there's the problem of shotguns. Unlike
handguns and rifles, shotguns are not rifled; that is, they do not
have grooves in their barrel designed to make a bullet spin. For this
reason, shotguns aren't as accurate at longer ranges, especially
compared to rifles. But shotguns loaded with slug or with large
pellets are accurate enough at ranges of 100 yards or less (the
probable range of the Maryland/Washington/Virginia murders and of
more than 99 percent of violent-crime guns) to kill a person. So a 100
percent perfect "ballistic fingerprinting" system would likely
encourage criminals to switch to shotguns (sawed-off shotguns are
almost as concealable as large handguns), but criminals would still
have an easy way to avoid detection.
An additional problem is the difficulty of making the comparisons.
Nowadays, bullets, fingerprints, and DNA are matched by taking the
sample in question and comparing it to a relatively small number of
other samples sometimes just the DNA/fingerprints/bullets of one
suspect, but, at most, several possible suspects. The wider the
sampling, the better the chances of finding a match, but the greater
the time and expense necessary to do so. The more resources that are
spent on data hunts, the fewer resources that are available for other
forms of criminal investigation.
For example, Maryland has mandatory sampling of all new handguns, at a
cost to handgun buyers of about $20 per gun (the cost to collect the
sample). For the state of Maryland, cost of the equipment and manpower
to operate the equipment amounts of $5,000 per handgun sold. The
system has thus far solved no crimes. Thus, so far, every dollar spent
by Maryland for the sampling scheme has been wasted money, money that
could in a state currently suffering a budget crisis have been
spent on more detectives or in other ways that really do solve crimes.
Perhaps one day, there will be a handgun owner in Maryland who will be
a lawful registered owner, who will not have intentionally or
unintentionally changed the barrel print, and who will commit some
crime that gets solved by the Maryland database. The crime might be an
attempted murder, or it might be illegally celebrating the new year by
firing a gun in the air; the cost of solving this crime might be
approximately $500,000. Although registered guns are used in an almost
infinitesimal percentage of violent gun crimes, if spending
$500,000-per crime was actually the answer to solving a quarter of the
nation's annual gun crimes, the spending would consume nation's entire
criminal-justice budget. Wouldn't you rather have a court and maybe a
prison, too? And perhaps a few detectives and other police officers?
But that cost figure is based on the hypothetical that the system
would work. In fact, ballistic markings are not even remotely as
reliable as fingerprints. Indeed, they are not even as reliable as
tire tread analysis. If barrel markings were reliable, then an analyst
ought to be able, at the least, to distinguish different types of
guns. A tire-tread analyst can usually tell what kind of tire made a
tire print, even if he can't be certain which individual tire made a
mark.
As a bullet travels down a barrel, the rifling makes the bullet spin
in a spiral motion. This is done by putting lands (lines where the
barrel is narrower) and grooves (lines where the barrel is wider) in
the barrel. The number of lands and grooves, and their widths, vary
depending on the firearm model. The amount of spin put on the bullet
also varies. For example, Colt Sporters now generally spin 360 degrees
every seven inches, and Ruger Mini-14s every nine inches. The easy
part of bullet analysis should be determining which barrels might have
made the markings on the bullet, just as the easy part of tire-tread
analysis is determining which models of tires have the same tread as
those found at a crime scene.
It is thus telling that the authorities in the D.C.-area murders, the
police are unwilling to exclude any of dozens of models of .223s from
consideration. The police even suggested that bullets might have come
from an AK-74 (an Eastern European firearm which is relatively rare in
the United States), even though the AK-74 fires bullet with different
dimensions from the .223.
One of the problems with any attempts at analysis is that bullets
especially higher-rifle-velocity bullets are frequently deformed by
whatever objects they strike. To use the DNA approach, imagine
analyzing a DNA sample with 50-80 percent of the letters missing. Or a
partial fingerprint where the majority of the print isn't there. The
authorities in D.C. have announced that two of the bullets are
worthless even for matching to the other bullets. The remaining ones
appear not to be giving much information, even of the broadest kind.
The best that can be said about the rest of the ballistic
"fingerprinting" firing-pin and ejector marks is that they're less
unique than barrel striations. Firing-pin marks are also subject to
natural and intentional alteration.
In short, so-called "ballistic fingerprinting" is vastly less useful
than real fingerprinting or DNA analysis as a crime-fighting tool.
It's far less useful than tire-tread analysis. By consuming immense
resources from the criminal-justice system, the gun-registration
system would seriously reduce criminal-justice effectiveness and cut
the number of cops on the street as Canada's simpler
gun-registration scheme already has.
From the viewpoint of the prohibition lobbies, however, the misnamed
"ballistic-fingerprinting" scheme does have advantages. The scheme
amounts to partial gun registration today (in any form that could be
politically viable in the legislature), setting the stage for more
comprehensive gun registration in the future (without which the scheme
would be useless). Since "gun registration" is a political loser
almost everywhere, the gun-prohibition lobbies have the opportunity to
push for registration under a new, high-tech name. And what is the
purpose of gun registration? The former president of the group
currently known as the Brady Campaign, the late Nelson Shields,
explained registration's purpose in a 1976 New Yorker
interview:
The first
problem is to slow down the number of handguns being produced and
sold in this country. The second problem is to get handguns
registered. The final problem is to make possession of all handguns
and all handgun ammunition except for the military, police,
licensed security guards, licensed sporting clubs, and licensed gun
collectors totally illegal.
Gun
registration has been a very useful tool for gun confiscation in
England, Australia, New York City, California, and many other places.
Criminals don't register their guns, but many law-abiding citizens do,
and when the government makes ownership of the registered gun illegal,
the gun-owner, knowing that his gun is already on a government list,
has little choice but to surrender his gun to the government furnace.
This is a pleasing result for the gun prohibition groups, but if this
is the public policy direction for America, we at least ought to
acknowledge what is being done, rather than pretending that gun
registration cloaked in a high-tech euphemism is going to solve
crimes.
Dave Kopel
is a columnist for NRO. Kopel and Blackman are co-authors of
No More Wacos: What's Wrong with Federal Law Enforcement and How to
Fix It. |