I invited him to consider some concerns which I felt were common to American gun-owners, and he was kind enough to respond.
It has taken a while for him to work through the list on questions, and we're grateful for his dedication.
Today he sent an email with my questions and his responses. I present it here, unedited. It's very long, so I'll save comments for a later post:
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Hello Jerry,
Apologize for the delay.
I attempted to keep it condensed. I might expand on a few of my comments if you get feedback or would like further clarification or dig deeper into the technology or implementation strategy.
Hello Mr. *******,
[Todd E Lizotte] No worries, the microstamping technology is straightforward. Firearms have been microstamping cartridges for over 100 hundred years and it is these “unintentional” markings that are used and form the basis of current firearm and tool mark identification in the forensic community.
Microstamping just builds on the current process, by adding several new “intentional” marking features which can be linked to the serial number. This will allow a firearm to be identified if the firearm is not recovered from the crime scene.
If I correctly understand your position (compared with mine), you take exception to two issues which I mentioned:
1) you object to my assertion that Microstamping is confused with "cartridge/bullet serialization";
[Todd E Lizotte] I only object to the two technologies being associated, because they are two different approaches with far greater differences than complementary attributes. Bullet Serialization is not Microstamping; it is true serialization or product registration.
Clarifications:
Microstamping is a passive device that marks the cartridge upon discharge of the firearm. (This is what the firearm currently does, except the marks the firearm produces today are random marks that are used for firearms identification by forensic professionals.) All microstamping does is add a few more marking structures to the existing firearm surfaces that currently produce the random markings. This new code is linked to the serial number at final assembly, when the firearms serial number is loaded into the internal accounting system at the firearm manufacturing facility. That is where the code is activated or associated to the serial number of the firearm.
What this means is that the BATF have to use the existing trace system to gain access to the serial number, no change in the status quo.
Microstamping is a one time cost to the firearm. If you figure a cost of $6.00 per firearm, than you are talking the price of two cups of coffee at Starbucks, divide that over a year and your talking about $.50 a month in the first year to cover the cost. If you figure that it costs about $15 for a box of .40 cal ammo, it means sacrificing half a box of ammo one time to provide law enforcement with an opportunity to track and target people who traffic firearms to criminals.
On the other hand:
Bullet/cartridge Serialization (Not Microstamping) is a product coding system and back door registration system which requires a complete upheaval of the existing manufacturing process of ammunition, as well as the distribution chain for ammunition. Furthermore, it requires that each state and the federal level maintain its own database for tracking storage and distribution of ammunition, the certification and licensing of every distributor within the ammunition manufacturers distribution chain, allowing the distributor the ability to sell or distribute the ammunition. In a nutshell, this is a multi-billion dollar infrastructure overhaul that would need to be funded by each state and the federal level to put in place just the tracking system, let alone the network system maintenance that would have to be supported to keep it operational and up to date.
Pitfalls of Bullet/Cartridge Serialization:
· Requires a national database system to track the domestic and international manufacture (both military / civilian markets), importation, transport and distribution of ammunition by the state and federal government. (An integrated system that someone needs to develop and fund) Figure it has taken approximately $1 Billion to create the NIBIN platform and the BATF still does not have the system integrated across state boundaries effectively. Nor does NIBIN involve tracking billions of cartridges. In ten years only ~1.2 million cartridges have been entered. Even the most integrated and well maintained databases in the financial sector are prone to fraud to the level of millions of customers having their information hacked into by criminals.
· Bullet/Cartridge serialization requires a new licensing system so that ammunition can not be purchased using fake ID or ID Theft issues, such as driver’s licenses, which might be given to illegal aliens or criminals.
· Bullet/Cartridge serialization process requires the ammunition industry to either change its production method, since they would have to mark two separate pieces and ensure that they are mated together in the final assembly.
· Bullet/Cartridge serialization requires a similar coding and tracking system that can tie an individual assembled cartridge to a group of cartridges within a box; a series of boxes that form a case; the case to the shipping documents; and linked to the distribution chain at each step of the way until it reaches the shelf for sale.
So, if you want to know, I do not support Bullet/Cartridge serialization. Bullet/Cartridge serialization is a bureaucracy based technology that costs more money on an annual basis, to maintain the infrastructure – in fact the cost of maintaining the database will outstrip the actually cost of putting codes on the cartridge / bullet.
2) Microstamping technology is mis-perceived as 'requiring a national database" to be effective, which I have mis-characterized in my article.
[Todd Lizotte] That is correct; Microstamping the firearm requires no new database. All the data is part of the existing internal accounting system used by the firearms company/industry in order to conform to the BATF requirements. The codes placed onto the two surfaces are linked to the specific serial number of the handgun at final assembly, when the serial number is entered into the ERP/MRP accounting system. Simply put, it is an added field in the software – simple.
For my part, there are many other issues pursuant to the development of 'microstamping' as a legal requirement in firearms manufacture. But first:
1) I think I understand the difference between "Microstamping Ammunition" and "Encoded Ammunition" technology. (If I have given the impression that I think the two are identical, I apologize and will correct such misapprehensions as they are identified.)
Note that terms are often braced by quotes; this is not an attempt to establish a 'so-called' and derogatory (or dismissive) bias. Rather, it is to establish the quoted terms as a precise and legal definition.
[Todd Lizotte] (No worries I am good with your bracketing and I do not take offense to your wording or opinions)
Feel free to correct my mistakes.
"Microstamping" refers to the formation of structures on internal parts of a firearm, which currently mark unintentional tooling marks. The code structure is on the micro sized. These new structures will in turned be embossed/stamped onto some part of the cartridge case or primer upon the firing of ammunition (a 'cartridge') in that firearm. This code is unique to that firearm, and is only transferred to the ammunition component when the cartridge is fired. (Note: we have found that it actually marks misfired cartridges as well.)
[Todd E Lizotte] Correct, however, this is not a new process, all firearms currently microstamp cartridges. The current microstamps are surface features, such as tooling marks, left over from the production processes that are used to form the components of the firearm.
The tooling marks on the internal surfaces come in contact with the cartridges and transfer “unintentional” markings. These unintentional markings have been used for over >70 years by forensic investigators for firearm identification. However these marks are only used when the firearm is recovered from the crime scene.
“Microstamping” technique is just the addition of two new features that are “Intentional”, there is no change to the process. The markings are formed the same way. Many people are trying to say this is a new process, it isn’t. Instead of using only the “unintentional” tooling marks, we are proposing the addition and use of two “intentional” micro codes. Furthermore the new codes are optimized to the dynamic action of the firearm; specifically we perform “cycle of fire analysis” and determine the characteristics of each model of firing mechanism and then use a series of markings to test optimum feature geometries to establish the best configuration for the firearm. It is a very simple approach using existing methodologies for analysis developed by the forensic firearms investigators.
"Encoded Ammunition" is an entirely different process, in which a code is embossed or engraved upon one or more parts of the ammunition (specifically, the bullet, and/or the cartridge case). That code is unique to that cartridge or bullet (or other component?) and is embossed or engraved during the manufacturing process. The code is unique to that piece of ammunition, or to a batch of ammunition which is manufactured at the same time and place.[Todd E Lizotte] Correct
In shorter terms:
Microstamping is done on the firearms, which in turns stamps the ammunition when fired;
Encoding is done on the ammunition during manufacture, and bears no direct relation to the firearm. [Todd E Lizotte] Correct
Have I got the crux of the difference? .[Todd E Lizotte] I believe that defines it clearly. I made some slight changes to the microstamping description.
I'm assuming that you agree in principle to these definitions, and further discussion can ignore to the manufacture-process of "encoded ammunition". Please correct me if I am wrong.
(I'm sorry this is so stilted; I'm attempting to establish a common definition and I'm trying to be precise.) Your approach is fine with me.
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Given that the above are common terms of understanding, can we advance to a discussion of "Microstamping of Ammunition" as defined?
For the sake of discussion, all firearms will be defined as having a single firing pin and a single breech mechanism. The options are to provide either the firing pin or the breech part with engraved (defined as "you make indentations or bas-relieve protuberance") marks which will be stamped on a part of the cartridge when the gun is fired".
[Todd Lizotte] The markings we create are designed to maintain the surface integrity (i.e. maintain the spherical datum of the pin or surface as well as the surface of the breach. We create what we call “recessed protected indicia” which in simple terms means we do not change the dynamics of the interaction of the firing pin to the primer, but design for a coining of the surface metal of the primer. As for the breach, we developed a means to analyze the “cycle of fire” of the firearm and place our recessed protected indicia at locations that provide the best marking capability.
All firearms currently microstamp and these unintentional markings form the basis of firearms identification that is used by law enforcement. All we have done is add optimized / intentional marking elements that can ID the firearm, using the existing trace system and without the need for any new infrastructure. The best part is the firearms industry controls the information.
We have four affected parts:
Of the firearm: the firing pin, or the breech. [Todd E Lizotte] Yes, however we specifically had the
Of the cartridge: the primer, or the base of the case. .
Speaking of the firing pin:
You may agree to any or none of the following statements:
. The firing pin of the firearm is a small part which is not necessarily intrinsic to the manufacture of the basic firearm. The firing pin is a two-dollar 'consumable' part (like pencils in an office) which is expected to wear or deform, requiring occasional replacement.
[Todd E Lizotte] Correct. It is a consumable, not sure I have ever paid $2.00. In fact the ex-head of Ruger (Sanetti) stated in his testimony in
Based on the forensic community (CA-DOJ), a majority of new model firearms recovered from crime scenes have been fired less than 500 rounds and in many circumstances retain the original lubricant from the factory. Microstamping targets these new models, to track firearms that make it into the market via thefts and straw purchases.
. Replacement of a firing pin may or may not be governmentally controlled; if it is controlled, the cost to the retail customer of the replacement may involve more than the manufacturing costs plus overhead, and may involve considerable delay because the part cannot be stockpiled by the manufacture (more overhead to the manufacture is involved in this.)
[Todd E Lizotte] The
. Because the bills requiring "Microstamping of ammunition" by a firing pin is based on state law, it is possible to replace a "Microstamping" firing pin by one which is readily acquired out-of-state, or out-of-country, thus obviating the state law. (Note that current California state law only required "Microstamping technology" on "new" firearms, and could take decades to become enforceable.)
. The firing pin is a part which is one of the most wear-susceptible of the entire firearm, not including the barrel and the breech face. As such, the micro-encoding of the cartridge (in this case, the primer) is most likely to be blurred with usage.
[Todd E Lizotte] All of your statements are correct. We figure the firing pin code, should outlive the life of the firing pin. Once again we are not talking about firearms purchased by law abiding citizens.
We have demonstrated >5,000 using live fire testing.
Speaking of the breech:
. "Microstamping" on the breech will only impinge upon the base of the cartridge. This portion of the cartridge is typically pre-embossed with the manufacturer's name, caliber, and any special markings. The embossing is typically deep and prominent. [Todd E Lizotte] Correct
. Given that the "microstamping" of the base of the cartridge may often be obscured by the headstamp, and that headstamp may cause "microstamping" to be imperfectly transferred to the base of the cartridge, what is your estimation of the failure (number or percentage) of "microstamped" codes to be unreadable?
[Todd E Lizotte] The key is redundancy, using standard cartridges there is an ability to get the entire code out of three partial codes. (The sum of the parts scenario) We have designed a method of placing separate codes at angles that guarantee at least one full code and two partials, with the two partials being aligned so one is the front half and the other the back half of the code.
We always test the extreme, a point that is not discussed in the literature done by others you tested circa 1999 technology. We have always tested 8 characters; however our technology will start at six characters for the first 20+ years. Many of the testing using non-optimized firearms, i.e. Krivosta and UC Davis (Which we partially funded) had eight digit codes for a reason. Eight digits represent the largest area on the tip of the pin. We always design and test for added capacity, to give us higher transfer rates. This is shown when people attend our live fire testing. It is not a laboratory setting.
We have other surfaces on the breach face that do not even come near the head stamp locations. Because we work on a micro level there is plenty of real-estate to work with. However, we also balance the size to the dynamics and wear characteristics of the mechanical process of a firearm, which in itself is multivariate.
. Given that ammunition is endemic in the shooting community, it is reasonable to assume that a 'found' cartridge case may have been previously "microstamped" by two or more firearms. What are the chances that such a cartridge case, found at the scene of a crime, will be either unreadable (see above), or legally defensible as "not definitively, reliably, or objectively provable" to have LAST been fired by the firearm in question?
.[Todd E Lizotte] We have run reloads, typical tumbling processes of brass cartridges eradicates the previous markings. However, this is one of those “what if” questions that the Forensic professionals laugh at. Forensic investigators know how to determine fresh from old cartridges. They also understand that, even if there are two markings the newest one will have minimal oxidation as compared to the new markings. The science of microscopy is very well developed and it is commonplace to use scanning electron microscopy to identify and verify gun shot residue.
Another point to be made is that “WHAT IF” arguments are scenarios that the forensic community has had to deal with currently. Planting cartridges is not as easy as you might think. I was given an overview of how a crime scene is analyzed. Firearm ejection patterns, projectile trajectory, gun shot residue analysis and general crime scene data, such as foot prints are analyzed.
If someone scattered or planted cartridges; they would conflict with the cartridges that were fired and ejected. The planted cartridges would need to be the same make and model ammo, same gun powder and would have to be placed in reasonable proximity to the ejected cartridges. On top of that, the forensic professional’s comment that planted cartridges open doors for further leads, since the cartridges will be shown to be plants, since there will be no projectiles to match them. A planted cartridge offers a potential for fingerprints, DNA and possibly the location where the criminal acquired them, which could lead to a security camera where the cartridges were taken. All in all, the planting theory seems to be not an issue to law enforcement. That is what they say.
The introduction of new forensic technology has never created a paradigm shift in the intelligence of the common criminal.
In either case:
. Given that cartridge cases are often left on the surface of shooting ranges around the country, and that they may be picked up and retained (and reloaded) by any casual bystander, and;
. given that these cartridge cases may be reloaded by anyone in possession of an (unregulated) reloading press, and;
. given that reloading ammunition is a decidedly unregulated process, and;
. given that the majority of firearms will for the foreseeable future (decades, at least) NOT be subject to these "new guns" laws, what are the chances that a pre-microstamped cartridge case will be used in a capital crime to draw police attention to a shooter whose only crime is failing to recover ALL of his expended cases at a public firing range? .
[Todd E Lizotte] Next to zero – consider that we are talking about opportunistic straw purchasers, who trade in firearms to criminal networks. These are not the type of people to go to the local gun range to test their newly acquired stolen or illegally acquired firearm. I am not sure about where you shoot, but the facility I use has security cameras and requires that you give your license and fill out a form every time you go there, even as a member.
Take for instance a gang drive by shooting, the criminal rolls down a window, points the firearm and rapidly unloads into someone … at the same time they have to reach into their pocket and throw out cartridges. They are too juiced to think straight, let alone plant cartridges.
I do agree with you that the "Encoded Ammunition" laws now being proposed should not be confused with "Microstamping Ammunition" laws based upon your technology.
"Encoded Ammunition" laws (bills) are ipso facto an infringement upon the Second Amendment, in that the cost of conforming to such regulation includes manufacturing controls which are so prohibitively costly that ammunition manufacturers cannot provide affordable ammunition to 99+% of the consuming public.
[Todd E Lizotte] I agree, I am against encoded ammo, it is a new government controlled bureaucracy and default purchaser registration.
However, I hope that you will perceive that "Microstamping Ammunition" bills, while they initially seem to be 'low impact' on the consumer (in terms of purchase price of the original firearm) can reasonably be expected to not only promulgate unlimited expense in terms of maintenance, but are also (in the viewpoint of my fellow firearms owners) rife with future restrictions on the second amendment ... to say nothing of the possibility of unreasonable criminal charges being levied upon honest citizens.
[Todd E Lizotte] Sorry, I do not agree. I see Microstamping “handguns” as a firearm industry controlled technology and a law enforcement tool for targeting those <1%>nd amendment right they are given. Furthermore, the firearms industry was provided with the Protection of Lawful Commerce in Arms Act (2005), the purpose of the act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products. I think adding microstamping is a quid pro quo to law enforcement to assist them in targeting the trafficking of firearms. The industry should self police itself, but it should also look for simple ideas to improve the quality of investigative leads, i.e. evidence for incidents where firearms are used to commit a crime.
As for unlimited expense, that is not the case. With most law enforcement tools that have been implemented, the costs is continuous – such as CoBIS in NY and RBID in MD or even the ballistic imaging technology by the ATF called NIBIN. Microstamping is an initial per gun price once or in the worse case if you replace a firing pin.
We pay ~$15.00 / box of ammo; we pay upwards of ~$27.00 / firing pin for one that is made with high precision, exotic materials/replacement springs and balanced weight.
If you go to Dunkin Donuts you pay ~$2.00 for a cup of coffee and if you are a Starbucks drinker, you pay ~$4.00, and then we pay almost $4.00 for a gallon of gas.
With that said, when looking at a technology that could allow the industry to assist law enforcement and hold off seriously bad legislation, like bullet serialization and RFID tags in the future, the cost is insignificant.
Instead the firearm industry representatives tell us they will be able to defend our rights. The ole camel nose under the tent they tell us, well it is time to hike out into the desert and shoot the camel before it even gets to the tent. A microstamping strategy would allow the firearms industry to work with law enforcement; target trafficking using an industry controlled technology; hold of legislation like RFID tagging and ammo serialization; hold off imaging of newly purchased firearms using new 3D high resolution technology (being tested by the ATF as we speak) read the NAS report; all with a simple passive code added to the firearm.
I attached a multi-hit cartridge that was deemed illegible (unsatisfactory) by one of our opponents. As you can see it is easily readable by using scanning electron microscopy. Much of the data gathered by people who have evaluated the technology used low end microscopy without metallurgical lighting. I added another image showing how using appropriate microscopy improves the readability.
I included a reference about pattern crimes. Just like hunting terrorists, good “fresh” INTEL – Data is what is needed to combat trafficking.
Microstamping is a forensic tool.
Thank you for the opportunity.
Todd Lizotte
NOTE:
Attachments may be viewed here.
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