Firearms (1)

Firearms Introduction Under Irish Law

Definition of Firearm:

  • Originally defined in Section 1 of the Firearms Act 1925.

  • Defined as a “lethal weapon of any description from which any shot, bullet or other missile can be discharged.”

  • Amendments have broadened this definition to include:

    • Airguns: Firearms that use compressed air or gas to fire projectiles, often used for sport shooting and pest control.

    • Crossbows: Weapons that launch projectiles, known as bolts, using a horizontal bow mounted on a stock, requiring specific regulations due to their lethality.

    • Stun guns: Devices designed to immobilize a person through electric shock, classified under firearms legislation for safety and regulatory purposes.

    • Prohibited weapons: Encompasses any weapons that discharge noxious substances or gases, raising health and safety concerns.

    • Various components like silencers and telescopic lenses, which enhance the efficiency and stealth of firearms.

    • Devices intended for blank ammunition (e.g., starter guns), highlighting uses in sports and signaling.

Overview of Gun Laws in Ireland:

  • Ireland's gun laws are considered relatively permissive compared to many other countries, yet have experienced notable tightening of handgun regulations since 2008 in response to increasing violent crime rates.

  • Rising concerns about violent gun crime are supported by alarming statistics:

    • Annual incidences of armed robbery or aggravated burglaries range from 300-400, a clear indicator of the association between criminal activity and firearm accessibility.

    • Between 2005 and 2015, 201 Irish citizens lost their lives due to firearm-related incidents, which is significantly higher (approximately 6x) than in the UK during the same timeframe, demonstrating a stark contrast in gun-related fatalities.

    • An analysis of suicide data from 1980 to 2003 reveals that 725 (8.5%) of 8,547 suicides were attributed to firearms, emphasizing the public health implications of gun ownership.

    • Murder/suicide rates in Ireland stand at approximately 0.8 per 100,000 citizens, much lower than rates in the US, where over 7 per 100,000 are murdered or commit suicide via firearms, ultimately demonstrating the relative safety in terms of gun violence when compared globally.

Importance of Ballistics in Crime Investigation:

  • Gun examinations are pivotal in establishing the factual basis of crime incidents.

  • Ballistic examination reports provide critical insights, often linking firearms used across different criminal activities, thus enabling law enforcement to track patterns in gun violence.

Types of Firearms and Ammunition:

Categories of Firearms (Jackson and Jackson 2008):

  • Handguns: Compact and concealable; often categorized into revolvers and semi-automatics.

  • Shotguns: Commonly used for hunting and sport shooting; effective for short-range targeting with multiple projectiles.

  • Rifles: Designed for precision shooting at greater distances, utilizing rifled barrels for improved accuracy.

  • Sub-machine guns: Automatic or semi-automatic firearms designed to fire pistol cartridges; favored in military and law enforcement.

  • Blank-firing guns and deactivated firearms: Used primarily for training purposes, entertainment, or historical collections without the capacity to discharge live rounds.

Air Weapons:

  • Air weapons, such as air pistols and rifles, are prevalent in firearm-related offences, especially in England & Wales, which raises specific regulatory and safety concerns.

  • These firearms function by utilizing high-pressure air or gas (commonly hydrogen) to propel projectiles, differing from traditional firearms in operational mechanics and ammunition used.

Handguns:

  • Handguns are notably linked with firearm-related homicides, particularly pronounced in gang-related incidents in urban settings.

  • Common types include revolvers, which utilize a rotating cylinder to chamber rounds, and self-loading/semi-automatic firearms, which automatically cycle the next round after firing.

  • Semiautomatic firearms eject spent bullet cases, whereas revolvers necessitate manual extraction of expended cartridges, directly impacting the speed of firing in critical situations.

Shotguns:

  • Shotguns play a significant role in domestic homicides, with unique loading mechanisms (single or double-barrelled) that can widely disperse shot across a target area.

  • Cartridges typically contain metal bases, primer cups, propellant, and various shot sizes tailored for specific hunting applications, emphasizing their versatile use in both sport and defensive contexts.

Rifles:

  • Rifles commonly feature slender, single-barrelled designs which enable greater accuracy and are optimized to discharge bullets (as opposed to shotgun cartridges).

  • Rifling grooves within the barrels stabilize the projectile's motion, significantly enhancing accuracy over longer distances, which is particularly important for both hunting and competitive shooting.

Ballistics:

Overview:

  • Ballistics encompasses the intricate scientific study of projectile motion associated with firearms, impacting both crime scene analysis and forensic investigations. (Jackson and Jackson 2008)

Types of Ballistics:

  • Internal Ballistics:

    • Investigates the minute details of the firing process, examining the chemical and physical exchanges that occur upon pulling the trigger. Understanding these mechanisms allows forensic scientists to link specific ammunition to its firearm counterpart.

  • External Ballistics:

    • Focuses on the projectile's behavior once it exits the barrel, which holds immense value for reconstructing crime scenes and determining the shooter's position during an incident.

  • Terminal Ballistics:

    • Analyzes the effects that projectiles exhibit upon striking a target. Insights from this field, such as understanding wound patterns, can help identify angles of fire and directions, crucial for piecing together the sequence of events.

Ricochet and Evidence Analysis:

  • The study of ricochets presents significant forensic implications when analyzing casualties; research shows that low-velocity, heavy bullets are statistically more prone to ricochet compared to their high-velocity counterparts.

  • Marks left on ricocheted bullets provide vital clues for determining shooting angles and directions, showcasing the necessity for thorough forensic attention at the crime scene.

Examination of Suspect Firearms:

Importance of Methodical Examination (Jackson and Jackson 2008):

  • Ensuring a systematic approach during examinations of suspect firearms is critical for both preserving forensic evidence and ensuring safety for investigators.

  • Test firing of recovered firearms provides pivotal ballistic evidence that can substantiate claims made in court and support criminal investigations.

Factors Identified in Forensic Examination:

  • Type, make, and model of the firearm are paramount in tracing its history and associated crime incidents.

  • Examination of serial numbers offers pathways to trace ownership and potentially link firearms to prior incidents of criminal activity.

  • Distinctive rifling markings on bullets allow for precise matching to specific firearms based on the individual characteristics imparted during the manufacturing process.

Serial Number Recovery:

  • Advanced forensic methods play an essential role in recovering erased or modified serial numbers to establish ownership:

    • Etching reagents applied to metal firearms can reveal serial numbers that have been intentionally obscured.

    • For plastic firearms, solvents may be employed to uncover impermissible adjustments and changes that mask identification.

Key Questions Addressed by Firearm Examinations:

  1. To whom or what has the firearm come into contact?

  2. Is this firearm potentially responsible for the discharged shots in a shooting incident?

  3. Is there a possibility that the firearm discharged unintentionally?

  4. Could an intentional discharge lead to unintentional injury?

  5. Was this firearm involved in a homicide or did it result from an accidental discharge?

Examination of Spent Cartridge Cases, Bullets, and Wads:

Key Evidence from Spent Cartridges:

  • Spent cartridges are critical pieces of evidence due to their potential to yield vital information such as manufacturer identification, latent fingerprints, and achievable DNA evidence that can link users to firearms.

  • Ballistic matching analyses can connect spent cartridges with their respective firearms through unique striations imprinted on bullets, serving as a crucial identifier for forensic experts.

  • Additional trace evidence found on bullets can link them back to various surfaces and materials encountered at a crime scene, further aiding investigation efforts.

Gunshot Residue Analysis:

Overview of Gunshot Residues:

  • Gunshot residues are composed of combusted materials, including propellants released during a firearm discharge. These residues can be found on shooters, victims, and surrounding areas shortly after a shooting.

Evidence Collection and Implications:

  • Swabbing surrounding areas for gunshot residue plays a fundamental role in identifying individuals who may have used a firearm recently, even as the chemical compositions vary notably among ammunition types.

Case Study: DPP v Norman Hull

Factual Background:

  • The case revolves around the conviction for the murder of Clement Kirby in 1993, wherein the applicant sought to plead for manslaughter amid mounting evidence.

  • The critical narrative includes:

    • The applicant's premeditated behavior was underscored by actions like changing license plates and altering appearance to evade detection, hinting at consciousness of guilt.

    • Utilization of a borrowed shotgun belonging to a friend during an intense confrontation showcases both access to firearms and potential complicity in violence.

    • Inconsistencies in the applicant's statements reveal hesitation and uncertainty regarding trigger engagement during the incident, posing significant legal questions regarding intent and accountability in firearm usage.