37
Understanding the black market for firearms 2
regulations on civilian firearms which may be more easily
diverted into illicit markets. In post-conflict scenarios, the
accumulation of weapons over the course of the preceding
conflict may also result in a pool of firearms outside of the
legal control mechanisms which can increase supply.
Independently of the presence of conflict, holdings of fire-
arms by military and law enforcement agencies can con-
stitute a risk of diversion and can increase supply if the
adequate measures are not in place to ensure proper inven-
tory management, storage, transportation and disposal and
to safeguard against leakage through theft or corruption.
Modalities for firearms to enter
the black market
Firearms trafficking presents distinct features as compared
to other commodities. Some forms of trafficking, such as
the trafficking of drugs which are under the most restric-
tive regulation in the international drug conventions (such
as cocaine and heroin), have to do with the movement and
trade of commodities which are illicitly sourced; for such
commodities, the trafficking chain typically starts at the
place of cultivation or manufacture. The licit production
of these substances is typically insignificant in comparison
with the amounts illicitly manufactured.
In contrast, the vast majority of firearms, and indeed of
trafficked firearms, are manufactured legally by licensed
manufacturers.
8
Aside from certain exceptions which
account for a minority of firearms of illicit origin, the illicit
chain starts at the moment when the legal chain is diverted
into the illegal chain – that is, when transfers or movement
occur in violation of national laws or international
provisions.
In order to understand how the black market for firearms
is supplied, it thus becomes crucial to understand the point
at which firearms cross over from the licit sphere to the
illicit sphere; this is referred to as the “point of diversion.”
Once a firearm enters the illicit market, it can in principle
continue to be trafficked indefinitely, unless taken out of
circulation; hence diversion is only the beginning of the
trafficking chain.
The transition from the licit sphere into the black market
can occur at various points of the firearm’s life cycle:
domestic or international transfer and transit, storage, pos-
session and use or final disposal. There are various modali-
ties for diversion to happen.
Many firearms seized from illicit circulation are recorded
as lost, or stolen from their legitimate holder (who may be
a private individual, national law enforcement or defence
forces, or personnel of private security companies, et cetera).
8 This is confirmed, for example, by the presence of markings found on
seized firearms – see next section, “Condition of seized firearms and
grey areas”.
Firearms may be stolen from an unaware legitimate holder,
but it is also possible for the legitimate holder to sell their
firearm to a buyer in violation of laws governing transfers,
licensing and registration, as the national legislation may
require. Indeed, one technique which has been documented
for criminals to acquire firearms is that of “straw purchases”,
9
whereby an individual with a clean criminal record buys a
firearm from a licensed outlet, quite possibly without vio-
lating any laws in so doing, precisely with the intention of
selling it either on the black market (in the same country
or not) or to a pre-determined buyer who would otherwise
not be eligible to own such a firearm.
In conflict and post-conflict countries, the accumulation
of legal stockpiles of weapons may create the potential for
firearms to reach the hands of non-state armed groups,
other criminal groups or even the general population, espe-
cially if that very conflict weakens the ability of the state
infrastructure to manage those stockpiles properly. Another
scenario, of crucial importance, is that of a firearm which
is legally acquired or held in one country and which is
then transferred illegally to another country, circumvent-
ing the applicable regulations on transfers, either by simply
concealing and transporting the firearms across borders or
by the use of falsified or misleading declarations, fake and
decoy recipients or other methods. In such cases, the point
of diversion can arguably be considered to be the interna-
tional cross-border movement itself rather than a specific
country. Moreover, this modality is especially relevant in
case of source countries which have less stringent restric-
tions on the licit market than the destination countries.
In some countries, firearms may be manufactured in arti-
sanal settings, which may be an avenue for firearms to
enter the illicit market. There are also indirect ways in
which a firearm may illicitly come into existence. Some
weapons, such as gas pistols, may in some countries fall
outside of the formal definition of a firearm and therefore
not necessarily be subject to the same legal restrictions,
but may at the same time easily lend themselves to con-
version into a functioning firearm by any person with a
modicum of skill. In some instances, it may be possible to
reactivate a deactivated firearm, another modality result-
ing in a functional firearm which thereby enters the illicit
sphere. It may also be possible to circumvent laws and
regulations by buying various parts and components of
firearms separately, potentially from different countries
with different control regimes, in order to assemble com-
plete firearms. There have also been known incidents of
the use of 3-D printing to produce firearms, although the
technology appears not to be sufficiently developed to
yield reliable firearms yet.
9 See, for example: United States, Department of the Treasury, Bureau
of Alcohol, Tobacco & Firearms, Following the Gun: Enforcing Federal
Laws Against Firearms Traffickers, Department of the Treasury, Bureau
of Alcohol, Tobacco & Firearms, June 2000.