This report is available online athttp://ag.ca.gov/publications/index.php#firearms

OFFICE OF THE ATTORNEY GENERALCALIFORNIA DEPARTMENT OF JUSTICE

Division of Law EnforcementBureau of Forensic Services

- -916 319 9365

2009FIREARMS

USED IN THE COMMISSION OF CRIMES

- -

FIREARMS USED IN THE COMMISSION OF CRIMES

2009

OFFICE OF THE ATTORNEY GENERAL CALIFORNIA DEPARTMENT OF JUSTICE

This report is available online at http://ag.ca.gov/publications/index.php#firearms

Division of Law Enforcement Bureau of Forensic Services

916 319 9365

California Penal Code section 12039 requires the Attorney

General to provide a report to the Legislature on the specific types

of firearms used in the commission of crimes. This report details

the number and type of firearms used most frequently in the

commission of violent, homicidal, street, and drug trafficking crimes

in 2009. Also included is the frequency with which stolen and fully

automatic firearms were used in the commission of these crimes.

Although legislation for this report states that the data should be

based on information obtained from local and state crime

laboratories, the legislation does not require local laboratories to

report this information to the Department of Justice. Therefore,

local law enforcement agencies submit this information voluntarily,

which limits the data received for inclusion in this report.

1

Table of Contents

California Penal Code section 12039. . . . . . . . . . . . . . . . 1

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Firearm Types. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Crimes of Violence Other than Homicide . . . . . . . . . . . . . 3

Homicides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Drug Trafficking Crimes . . . . . . . . . . . . . . . . . . . . . . 4

Street Gang Crimes. . . . . . . . . . . . . . . . . . . . . . . . . 5

Special Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

California Assault Weapons by Year . . . . . . . . . . . . . . . . 6

Table of Contents

California Penal Code section 12039. . . . . . . . . . . . . . . . 1

Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Firearm Types. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Crimes of Violence Other than Homicide . . . . . . . . . . . . . 3

Homicides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Drug Trafficking Crimes . . . . . . . . . . . . . . . . . . . . . . 4

Street Gang Crimes. . . . . . . . . . . . . . . . . . . . . . . . . 5

Special Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

California Assault Weapons by Year . . . . . . . . . . . . . . . . 6

California Penal Code section 12039 requires the Attorney

General to provide a report to the Legislature on the specific types

of firearms used in the commission of crimes. This report details

the number and type of firearms used most frequently in the

commission of violent, homicidal, street, and drug trafficking crimes

in 2009. Also included is the frequency with which stolen and fully

automatic firearms were used in the commission of these crimes.

Although legislation for this report states that the data should be

based on information obtained from local and state crime

laboratories, the legislation does not require local laboratories to

report this information to the Department of Justice. Therefore,

local law enforcement agencies submit this information voluntarily,

which limits the data received for inclusion in this report.

1

Weapons by Caliber

Firearms Used in Crimes of Violence (Other than Homicide)65 Firearms

Figure 2

Figure 3Figure 3

Crimes of Violence Other than Homicide (Figure 3)

Of the firearms examined, 65 (44.2 of the total) were submitted in cases involving crimes of violence other than homicide. There were 49 (75.4 percent) handguns, 9 (13.9 percent) rifles, and 7 (10.8 percent) shotguns.

percent

.223

Rem

ingt

on

.357

Mag

num

Other

12 G

auge

.25

Auto

7.62

x 39

.40

S&W

38 S

pecial

.22

Rimfir

e

380

Auto

.32

Auto

/.32

S&W

.30-

.30

Win

9 mm Lug

er

.45

ACP

15

2 2

54

15

10 10

7

14

3

11

38

11

3

Purpose

This report is prepared by the California Department of Justice, Bureau of Forensic Services (BFS), for the Legislature as directed by California Penal Code section 12039. The report details the specific types of firearms used in the commission of various types of crimes.

Scope

This report includes firearms examined during 2009 in the BFS Regional Criminalistics Laboratories.

Because BFS serves principally the rural areas of California, the data in this report may not represent gun trends within urban areas or within California as a whole.

Firearm Types (Figures 1 and 2)

Of the 147 firearms examined, there were 120 (81.6 percent) handguns, 13 (8.8 percent) rifles, 11 (7.5 percent) shotguns, and 3 (2 percent) machine guns. Of these firearms, 8 (5.4 percent) were assault weapons (as defined in California Penal code section 12276) and 1 (0.7 percent) was classified as a short-barreled shotgun or rifle. The most commonly encountered caliber was 9 mm Luger, followed by .22 rimfire and .40 Smith & Wesson (S&W), and .380 automatic.

Firearms Used in All Crimes 147 Firearms

FigurFigure 1e 1

Percentages may not total 100 percent because of rounding

2

Figure 1Figure 1

Purpose

This report is prepared by the California Department of Justice, Bureau of Forensic Services (BFS), for the Legislature as directed by California Penal Code section 12039. The report details the specific types of firearms used in the commission of various types of crimes.

Scope

This report includes firearms examined during 2009 in the BFS Regional Criminalistics Laboratories.

Because BFS serves principally the rural areas of California, the data in this report may not represent gun trends within urban areas or within California as a whole.

Firearm Types (Figures 1 and 2)

Of the 147 firearms examined, there were 120 (81.6 percent) handguns, 13 (8.8 percent) rifles, 11 (7.5 percent) shotguns, and 3 (2 percent) machine guns. Of these firearms, 8 (5.4 percent) were assault weapons (as defined in California Penal code section 12276) and 1 (0.7 percent) was classified as a short-barreled shotgun or rifle. The most commonly encountered caliber was 9 mm Luger, followed by .22 rimfire and .40 Smith & Wesson (S&W), and .380 automatic.

Firearms Used in All Crimes147 Firearms

2

Percentages may not total 100 percent because of rounding

.223

Rem

ingt

on

.357

Mag

num

Other

12 G

auge

.25

Auto

7.62

x 39

.40

S&W

38 S

pecial

.22

Rimfir

e

380

Auto

.32

Auto

/.32

S&W

.30-

.30

Win

9 mm Lug

er

.45

ACP

Weapons by Caliber

1 5

2 2

5 4

1 5

1 0 1 0

7

1 4

3

1 1

3 8

1 1

Figure 2

Crimes of Violence Other than Homicide (Figure 3)

Of the firearms examined, 65 (44.2 percent of the total) were submitted in cases involving crimes of violence other than homicide. There were 49 (75.4 percent) handguns, 9 (13.9 percent) rifles, and 7 (10.8 percent) shotguns.

Firearms Used in Crimes of Violence (Other than Homicide) 65 Firearms

Figure 3Figure 3

3

Firearms Used in Street Gang Crimes6 Firearms

Figure 6Figure 6

Street Gang Crimes (Figure 6)

Of the 6 firearms (4.0 of the total) identified as being related to street gang crimes, 5 (83.3 percent) were handguns and 1 (16.7 percent)was a machine gun (submachine gun).

percent

Special Cases (Figure 7)

California Assault Weapons - Eight of the firearms examined in 2009 were identified as California Assault Weapons (as defined in California Penal Code section 12276).

Stolen Firearms - Of the firearms examined, one was confirmed to have been reported stolen. For many of the other firearms examined, ownership status was not determined.

Serial Numbers Removed - Ten firearms (6.8 percent of the total) were submitted with the serial numbers removed.

Machine Guns or Full Auto Conversions - Three submachine guns or converted firearms were examined this year.

Short-Barreled Rifle or Shotgun - One (0.7 percent of the total) of the examined firearms was classified as a short-barreled rifle or shotgun.

Officer-Involved Shooting Incidents - Of the four (2.7 percent of the total) firearms identified as being related to officer-involved shooting incidents, there was one handgun, two rifles, and one shotgun.

Silencers - One firearm with a silencer was examined this year.

5

Homicides (Figure 4)

Of the 32 firearms (21.8 percent of the total) submitted in homicide cases, there were 24 (75.0 percent) handguns, 3 (9.0 percent) rifles, 4 (13.0 percent) shotguns, and 1 (3.0 percent) machine gun (submachine gun).

Firearms Used in Homicides 32 Firearms

FigurFigure 4e 4

Drug Trafficking Crimes (Figure 5)

Of the 51 firearms (34.7 percent of the total) identified as being used in drug trafficking crimes, there were 47 (92.0 percent) handguns, 2 (4.0 percent) rifles, and 2 (4.0 percent) machine guns (submachine guns).

Firearms Used in Drug Trafficking 51 Firearms

FigurFigure 5e 5

4

Firearms Used in Drug Trafficking51 Firearms

Figure 5Figure 5

Firearms Used in Homicides32 Firearms

Figure 4Figure 4

Drug Trafficking Crimes (Figure 5)

Of the 51 firearms (34.7 of the total) identified as being used in drug trafficking crimes, there were 47 (92.0 percent) handguns, 2 (4.0 percent) rifles, and 2 (4.0 percent) machine guns (submachine guns).

percent

Homicides (Figure 4)

Of the 32 firearms (21.8 of the total) submitted in homicide cases, there were 24 (75.0 percent) handguns, 3 (9.0 percent) rifles, 4 (13.0 percent) shotguns, and 1 (3.0 percent) machine gun (submachine gun).

percent

4

Street Gang Crimes (Figure 6)

Of the 6 firearms (4.0 percent of the total) identified as being related to street gang crimes, 5 (83.3 percent) were handguns and 1 (16.7 percent)was a machine gun (submachine gun).

Firearms Used in Street Gang Crimes 6 Firearms

FigurFigure 6e 6

Special Cases (Figure 7)

California Assault Weapons - Eight of the firearms examined in 2009 were identified as California Assault Weapons (as defined in California Penal Code section 12276).

Stolen Firearms - Of the firearms examined, one was confirmed to have been reported stolen. For many of the other firearms examined, ownership status was not determined.

Serial Numbers Removed - Ten firearms (6.8 percent of the total) were submitted with the serial numbers removed.

Machine Guns or Full Auto Conversions - Three submachine guns or converted firearms were examined this year.

Short-Barreled Rifle or Shotgun - One (0.7 percent of the total) of the examined firearms was classified as a short-barreled rifle or shotgun.

Officer-Involved Shooting Incidents - Of the four (2.7 percent of the total) firearms identified as being related to officer-involved shooting incidents, there was one handgun, two rifles, and one shotgun.

Silencers - One firearm with a silencer was examined this year.

5

Penal Code Section 12039

The Attorney General shall provide the Legislature on or before April 15

of each year, commencing in 1998, a written report on the specific types

of firearms used in the commission of crimes based upon information

obtained from state and local crime laboratories. The report shall

include all of the following information regarding crimes in which

firearms were used: (a) A description of the relative occurrence of

firearms most frequently used in the commission of violent crimes,

distinguishing whether the firearms used were handguns, rifles,

shotguns, assault weapons, or other related types of weapons. (b) A

description of specific types of firearms that are used in homicides or

street gang and drug trafficking crimes. (c) The frequency with which

stolen firearms were used in the commission of the crimes. (d) The

frequency with which fully automatic firearms were used in the

commission of the crimes. (e) Any trends of importance such as those

involving specialized ammunition or firearms modifications, such as

conversion to a fully automatic weapon, removal of serial number,

shortening of barrel, or use of a suppressor.

3

8

11 1

4

10 Special Cases

California Stolen Serial Machine Gun Short-Barreled Officer- Silencer Assault Firearm Number or Full Auto Rifle/ Involved Weapon Removed Conversion Shotgun Shooting

California Assault Weapons by Year (Figure 8)

California Assault Weapon use has continued at a relatively low level since it was first reported.

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

213

221 California Assault Weapons Used in Crime by Year

218

106

116

8

82

119

146 142

88 86

173

147

2 4 1 4 5 0

California Assault Weapons Guns Examined

7

Figure 7

Figure 8

Figure 7

Figure 8

6

Special Cases

CaliforniaAssaultWeapon

StolenFirearm

SerialNumber

Removed

Machine Gunor Full AutoConversion

Short-BarreledRifle/

Shotgun

Officer-InvolvedShooting

Silencer

Figure 7Figure 7

3

10

8

11 1

4

California Assault WeaponsUsed in Crime by Year213

221218

106

2 4 8 6 1 4 5 80

8 8

116119

147

173

146 142

82

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

California Assault Weapons Guns Examined

California Assault Weapons by Year (Figure 8)

California Assault Weapon use has continued at a relatively low level since it was first reported.

Figure 8Figure 8

6

Penal Code Section 12039

The Attorney General shall provide the Legislature on or before April 15

of each year, commencing in 1998, a written report on the specific types

of firearms used in the commission of crimes based upon information

obtained from state and local crime laboratories. The report shall

include all of the following information regarding crimes in which

firearms were used: (a) A description of the relative occurrence of

firearms most frequently used in the commission of violent crimes,

distinguishing whether the firearms used were handguns, rifles,

shotguns, assault weapons, or other related types of weapons. (b) A

description of specific types of firearms that are used in homicides or

street gang and drug trafficking crimes. (c) The frequency with which

stolen firearms were used in the commission of the crimes. (d) The

frequency with which fully automatic firearms were used in the

commission of the crimes. (e) Any trends of importance such as those

involving specialized ammunition or firearms modifications, such as

conversion to a fully automatic weapon, removal of serial number,

shortening of barrel, or use of a suppressor.

7