1. Unique case identifier on each page of report (such as lab number)
2. Title of the report (such as “report of laboratory analysis”)
3. Identification of the laboratory
4. Submitting Agency Info or at a minimum submitting agency
5. List or explanation of items examined
6. General indication of methodology utilized
7. Results/conclusions
8. Date report issued
9. Signature and title of examiner (or electronic equivalent)
10. Pagination of the report (example page 1 of 2 etc.)
11. Statement regarding the report does not constitute the entire case file or equivalent
12. Statement that definitions of terms used in the report can be located at the DCJS website and if applicable on the laboratory website or attached to report

Additional Discipline Specific Report Components:

13. The laboratory report will include the estimated uncertainty when it impacts evaluation of a specification limit stated by a regulatory body, a statute, case law or other legal requirement.
14. The measurement uncertainty value will be expressed as an expanded uncertainty and include the coverage probability.

Comparative Analysis

Identification
Item x and Item y were microscopically examined and compared. Based on the observed agreement of their class characteristics and sufficient agreement of their individual characteristics, Items x and y are identified as having been (fired in/from or cycled in/through) the (same firearm/specific firearm).

Inconclusive
Item x and Item y were microscopically examined and compared. There is observed agreement of their class characteristics. However, there is insufficient agreement or disagreement of their individual characteristics to either identify or eliminate the items as having been fired (in/from) the (same firearm/specific firearm).

Elimination
Item x and Item y were microscopically examined and compared. Based on the observed disagreement of (class and/or individual) characteristics, Items x and y are eliminated as having been fired (in/from) the (same firearm/specific firearm).

Unsuitable for comparison
Item x was microscopically examined and determined to be unsuitable for comparison. (basis for conclusion)

Suitable for comparison
Item x was microscopically examined and determined to be suitable for comparison. (basis for conclusion)

Operability

• Description of Evidence
• Identification of Firearm Test Fired
• Type of Ammo Used (specify submitted or of laboratory supply)
• Result
• Special circumstances

Operable

The (Item _, or described item) was test fired using submitted/laboratory ammunition and is operable.

The (Item _, or described item) was test fired utilizing laboratory/submitted ammunition. Item _ (firearm) and the utilized submitted ammunition were found to be operable.

Inoperable

The (Item _, or described item) is not operable as submitted. (For Special Circumstances use appropriate statements that detail the reason/cause and any additional information as required)

Serial Number Restoration

• Description of Evidence (including obliterated/defaced)
• Identification of Firearm
• Restoration Analysis and/or identification of secondary number (included in report)
• Result – complete and/or partial w/possibilities of questioned characters (if applicable)

The (Item _, or described item) was (physically, chemically, magnetically) processed.

Its serial number was (restored/partially restored) to read (for secondary number “is identified as”): (for partial restorations – an “*” or other symbol represent partially restored/unrestorable characters-list potential characters if applicable)

The (Item _, or described item) is defaced beyond restoration capabilities.

Restoration attempts on the defaced area of (Item _, or described item) were unsuccessful.

The pistol, Item X, was received without its serial number plate.  Therefore, a routine serial number restoration analysis was not performed.

Barrel/Overall Lengths

• Description of Evidence (including statement of alteration, if applicable)
• Identification of Firearm
• Result (including uncertainty, if reporting)

(Item _, or described item) has a shortened/altered barrel with a barrel length of X inches.

(Item _, or described item) has a shortened/altered/missing butt stock. The overall length of (Item _, or described item) is X inches.

The length of the barrel was determined by measuring the distance between the muzzle and the face of the (bolt, breech, or breech lock) when closed and when the (shotgun or rifle) was cocked. The overall length of the (shotgun or rifle) is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore.

Assault Weapons

• Description of Evidence
• Identification of Firearm
• Listing of observed characteristics

(Item _, or described item) is a semi-automatic (pistol, rifle, shotgun) that accepts a detachable cartridge magazine and has the following characteristics: (list the offending characteristics)

Gunshot Residue

• Description of Evidence
• Identification of Holes
• Type of Examination
• If firearm submitted: Identification of firearm, ammunition used & distances at which patterns taken

Examination of Item X revealed a hole (designate ID & location of hole). Visual/microscopic examination and chemical processing of the area around the hole revealed a pattern of gunshot residues.

The (firearm) and submitted (and/or lab) ammunition were used to produce test patterns at X, X1, X2… and X6 inches. The residue pattern from Item X (“was consistent in size, appearance and/or density with the patterns obtained between X2 and X3 inches, muzzle-to-target” or “indicates a muzzle-to-target distance between X2 and X3 inches”.

The absence of (gunshot residues, patterns, a firearm, etc…) precludes a muzzle- to-target distance determination.

Characteristics (describe characteristics) of gunshot residue were detected. This is observed on surfaces that were within the proximity of a discharging weapon. The proximity depends on multiple factors such as the type of firearm and ammunition used.

NIBIN Wording

(Digital) Images of the (recovered/test fired) component (Item ) were entered into the National Integrated Ballistics Information Network (NIBIN) computer database. An additional report will be issued if an association is made with an existing database image.

The test fired components from this (rifle/pistol/shotgun) are not suitable for entry into the National Integrated Ballistics Information Network (NIBIN) Database.

Magazine Capacity

The (cartridge) magazine (Item #) has a capacity of (actual # or greater than 10) (caliber) cartridges.

Silencer Testing

This device, Item X, is capable of attaching to the muzzle/bbl of Item Y.  It has design features with the possible ability to reduce/suppress the audible report of a firearm.  Tests were fired with and without this device attached to Item Y.  This device noticeably reduces the report of Item Y.  Sound measurements were taken for these tests.  The average reduction is X decibels with Item X attached to Item Y.

OR

Item X has design features with the possible ability to reduce/suppress the audible report of a firearm.  Tests were fired with and without this device attached to Item Y.  This device noticeably reduces the report of Item Y.

All conclusions will include the basis for the conclusions.

 

 

(The following definitions and terms are taken from the Association of Firearm and Tool Mark Examiners Glossary 6th Edition unless otherwise noted.)

Action
The working mechanism of a firearm. The combination of the receiver or frame, the breech bolt, and the other parts of the mechanism by which a firearm is loaded, fired, and unloaded.

Ammunition
One or more loaded cartridges consisting of a primed cartridge case, propellant, and with or without one or more projectiles. Also referred to as fixed ammunition or live ammunition (slang term).

Automatic Action / Fully Automatic / Full Auto / Selective Fire
*See NYS Penal Law Section 265 Definitions No. 1

Barrel
That part of a firearm through which a projectile or shot charge travels under the impetus of powder gasses, compressed air, or other like means. A barrel may be rifled or smooth.

Barrel Length
*See NYS Penal Law Section 265 Definitions No. 3

Bolt Action
A firearm in which the breech closure is in line with the bore at all times, manually reciprocates to load, unload, and cock, and is locked in place by breech bolt lugs and engaging abutments, usually in the receiver. There are two principal types of bolt actions: the turn bolt and the straight pull.

Bore
The interior of a barrel forward of the chamber

Breech
The part of a firearm at the rear of the bore into which the cartridge or propellant is inserted

Breech Bolt
The locking and cartridge head support mechanism of a firearm that operates in line with the axis of the bore

Bullet
A non-spherical projectile for use in a rifled barrel

Bullet Core
The inner portion of a jacketed bullet often made of lead

Caliber

1. A term used to designate the specific cartridge for which a firearm is chambered
2. In firearms, caliber is the approximate diameter of the circle formed by the tops of the lands of a rifled barrel, typically expressed in hundredths of an inch (38 caliber) or millimeters (9mm caliber)
3. In ammunition, caliber is a numerical term, without the decimal point,included in a cartridge name to indicate the nominal bullet diameter

Carbine
A rifle of short length and light weight originally designed for mounted troops

Cartridge
A single unit of ammunition consisting of the cartridge case, primer, propellant, and with or without one or more projectile(s). Also applies to a shotshell

Cartridge Case
The container for all the other components which comprise a cartridge. Serves as a gas seal during the firing of a cartridge

Chamber
The rear part of the barrel bore that has been formed to accept a specific cartridge. Revolver cylinders are multi-chambered

Chemical Tests for GSR Analysis
Griess, Sodium Rhodizonate, Dithioxamide, Diphenylamine

Chemicals for Serial Number Restoration
Relative acidic & basic etchants

Class Characteristics
Measurable features of a specimen which indicates a restricted group source. They result from design factors, and are determined prior to manufacture

Cock
To place a firing mechanism under spring tension

Copper Washed Bullet
A term used for lead projectiles with a thin copper colored coating. This finish is found extensively on 22 caliber bullets

Cycled Through (Chambered In)
A cartridge moved through the action of a firearm without being discharged

Cylinder
The rotating part of a revolver that contains the chambers=

Derringer
The generic term applied to many variations of pocketsize pistols, either percussion or cartridge, made by manufacturers other than Henry Derringer, up to present time

Discharge
To cause a firearm to fire

Elimination
The items are determined to have not been fired (in/from) the same firearm

Firearm
*See NYS Penal Law Section 265 Definitions No. 3

Fired
Discharged in/from a firearm

Fragment
A portion of the whole item as described

Frame
*See Receiver

Function Testing
Testing with other than a live cartridge

Gauge
A term used in the identification of a shotgun bore. The gauge is equal to the number of round lead balls of bore diameter that equal one pound. Thus 12 gauge is the diameter of a round lead ball weighing 1/12 pound.

General Rifling Characteristics
The number, width, and direction of twist of the lands and grooves in a barrel of a given caliber firearm.

Grip, Pistol
On shoulder arms, that part of the stock, behind the trigger, shaped similar to the grip of a pistol to afford better grasp.

Gunpowder
A variety of powders used in firearms as a propellant charge. A term commonly used when referring to cartridge and muzzle loading propellant.

Gunshot Residue

1. The total residues resulting from the discharge of a firearm. It includes both, propellant and primer residues, carbonaceous material plus metallic residues from projectiles, fouling, and any lubricant associated with the bullets.
2. The spatial distribution of gunshot residues deposited upon a pattern surface.

Identification
Items are determined to have been (fired in/from or cycled in/ through) the same firearm. Agreement of a combination of individual characteristics and all discernible class characteristics where the extent of agreement exceeds that which can occur in the comparison of toolmarks made by different tools and is consistent with the agreement demonstrated by toolmarks known to have been produced by the same tool.

Inconclusive
Items can neither be identified nor eliminated as having been fired (in/from) the same firearm. Some agreement of individual characteristics and all discernible class characteristics, but insufficient for an identification or agreement of all discernible class characteristics without agreement or disagreement of individual characteristics due to an absence, insufficiency, or lack of reproducibility.

Individual Characteristics
Marks produced by the random imperfections or irregularities of tool surfaces. These random imperfections or irregularities are produced incidental to manufacture and/or caused by use, corrosion, or damage. They are unique to that tool and distinguish it from all other tools.

Inoperable / Non-functional (not operable)
Incapable of discharging a cartridge

Jacketed Bullet
A projectile having an inner core typically enveloped by a metallic substance.

Land and Groove Impressions
Impressed areas on the bearing surface of a bullet caused by a bullet engaging with the rifling in the barrel of a firearm.

Lead Bullet
A projectile formed from a lead alloy.

Load

1. The combination of components used to assemble a cartridge or shotshell.
2. The placing of cartridges into a firearm magazine or chamber.
   

Magazine

1. A secure storage place for gunpowder, ammunition, or explosives.
2. A container for cartridges which has a spring and follower to feed those cartridges into the chamber of a firearm. The magazine may be detachable or an integral part of the firearm.

Malfunction
The failure of a firearm to function properly. Malfunctions can be caused by the firearm, ammunition, and/or human factors.

Microscopic Comparison
A general term for the comparison of two or more items under a microscope.

Muzzle Attachment
Compensator, Muzzle Brake, Flash Suppressor

Not a Firearm (NAF)
Anything appearing to be a firearm but is not capable of firing a cartridge. (Ex. pellet/BB air pistols and rifles, starter pistols, toy guns, imitation guns, cap guns, water pistols, cigarette lighters, theatrical guns, paint ball guns, etc.)

Operable / Functional
Capable of discharging a cartridge

Overall Length
*See NYS Penal Law Section 265 Definitions No. 3

Pistol
A handgun in which the chamber is integral with the barrel. A term sometimes used for handgun.

Projectile
An object propelled by the force of rapidly burning gases or other means.

Receiver
The basic unit of a firearm which houses the firing and breech mechanism and to which the barrel and stock are assembled.

Revolver
A firearm, usually a handgun, with a cylinder having several chambers so arranged as to rotate around an axis. The firearm is discharged successively by the same firing mechanism.

Revolver Action
A firearm, usually a handgun, with a cylinder having several chambers so arranged as to rotate around an axis. The firearm is discharged successively by the same firing mechanism. (Refer to Revolver.)

Rifle
*See NYS Penal Law Section 265 Definitions No. 3

Rifling
Helical grooves cut or impressed into the bore of a firearm barrel to impart rotary motion to a projectile when fired.

Sear
A part which retains the hammer or striker in the cocked position until the trigger is pulled.

Semiautomatic Action
*See NYS Penal Law Section 265 Definitions No. 21

Serial Number
A number applied to a firearm for identification purposes. The Gun Control Act of 1968 requires all firearms manufactured after 1968 to bear a unique serial number.

Shot
Generally, spherical pellets used in loading shotshells or cartridges. Shot can be found in many compositions such as lead, steel, bismuth, tungsten-polymer, tin, zinc, etc.

Shotgun
*See NYS Penal Law Section 265 Definitions No. 3

Shotshell
A unit of ammunition that may contain a single projectile or multiple projectiles/pellets. Generally shotshells are designed to be fired from shotguns.

Stock
The wood or plastic component(s) to which the metal parts of a firearm are attached to enable the shooter to hold the firearm.

Sufficient Agreement – See Theory of Identification

Suitable for Comparison
When a fired bullet or cartridge case possesses sufficient individual characteristics that could be utilized for a microscopic comparison with another bullet or cartridge case.

Test Fire
To discharge a firearm in a laboratory or controlled setting in order to obtain representative bullets and cartridge cases for comparison or analysis, to determine functionality of the firearm, or to produce gunshot residue or shot patterns at known distances.

Theory of Identification

1. The theory of identification as it pertains to the comparison of toolmarks enables opinions of common origin to be made when the unique surface contours of two toolmarks are in “sufficient agreement.”
2. This “sufficient agreement” is related to the significant duplication of random tool marks as evidenced by the correspondence of a pattern or combination of patterns of surface contours. Significance is determined by the comparative examination of two or more sets of surface contours patterns comprised of individual peaks, ridges and furrows. Specifically, the relative height or depth, width, curvature and spatial relationship of the individual peaks, ridges and furrows within one set of surface contours are defined and compared to the corresponding features in the second set of surface contours. Agreement is significant when it exceeds the best agreement demonstrated between tool marks known to have been produced by different tools and is consistent with agreement demonstrated by tool marks known to have been produced by the same tool. The statement that “sufficient agreement” exists between two tool marks means that the agreement of individual characteristics is of a quantity and quality that the likelihood another tool could have made the mark is so remote as to be considered a practical impossibility. Currently the interpretation of individualization/identification is subjective in nature, founded on scientific principles and based on the examiner’s training and experience.

Trigger Pull
The amount of force which must be applied to the trigger of a firearm to cause sear release. It is measured by hanging weights or an instrument touching the trigger at a point where the trigger finger would normally rest. The force applied during measurement is approximately parallel to the bore axis.

Unsuitable for Comparison
Item exhibits insufficient characteristics for comparison.

 

NYS Penal Law Section 265 Definitions:

1. "Machine-gun" means a weapon of any description, irrespective of Size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.
2. "Firearm silencer” means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
3. "Firearm" means
   1. any pistol or revolver; or
   2. a shotgun having one or more barrels less than eighteen inches in length; or
   3. a rifle having one or more barrels less than sixteen inches in length; or
   4. any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or
   5. an assault weapon
      • For the purpose of this subdivision the length of the barrel on a shot gun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm.
7. "Deface" means to remove, deface, cover, alter or destroy the manufacturer's serial number or any other distinguishing number or identification mark
11. "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
12. "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
14. "Antique firearm" means any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system,or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.
21. "Semiautomatic" means any repeating rifle, shotgun or pistol, regardless of barrel or overall length, which utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge or shell.
22. "Assault weapon" means
    1. a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics:
       1. folding or telescoping stock;
       2. a pistol grip that protrudes conspicuously beneath the action of the weapon;
       3. a thumbhole stock;
       4. a second handgrip or a protruding grip that can be held by the non-trigger hand;
       5. a bayonet mount;
       6. a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor,muzzle break, or muzzle compensator;
       7. a grenade launcher; or
    2. a semiautomatic shotgun that has at least one of the following characteristics:
       1. a folding or telescoping stock;
       2. a thumbhole stock;
       3. a second handgrip or a protruding grip that can be held by the non-trigger hand;
       4. a fixed magazine capacity in excess of seven rounds;
       5. an ability to accept a detachable magazine; or
    3. semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following characteristics:
       1. a folding or telescoping stock;
       2. a thumbhole stock;
       3. a second handgrip or a protruding grip that can be held by the non-trigger hand;
       4. capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip;
       5. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
       6. a shroud that is attached to, or partially or completely encircles,the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;
       7. a manufactured weight of fifty ounces or more when the pistol is unloaded; or
       8. a semiautomatic version of an automatic rifle, shotgun or firearm; a revolving cylinder shotgun;
    4. a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in subparagraph (v) of paragraph (e) of subdivision twenty-two of section 265.00 of this chapter as added by chapter one hundred eighty-nine of the laws of two thousand and otherwise lawfully possessed pursuant to such chapter of the laws of two thousand prior to September fourteenth, nineteen hundred ninety-four;
    5. a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in paragraph (a), (b) or (c) of this subdivision,possessed prior to the date of enactment of the chapter of the laws of two thousand thirteen which added this paragraph;
    6. provided, however, that such term does not include:
       1. any rifle, shotgun or pistol that (A) is manually operated by bolt,pump, lever or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm as defined in 18 U.S.C.921(a) (16);
       2. a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;
       3. a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or
       4. a rifle, shotgun or pistol, or a replica or a duplicate thereof,specified in Appendix A to 18 U.S.C. 922 as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon;
       5. any weapon validly registered pursuant to subdivision sixteen-A of section 400.00 of this chapter. Such weapons shall be subject to the provisions of paragraph (h) of this subdivision;
       6. any firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof that is validly registered pursuant to subdivision sixteen-a of section 400.00 of this chapter;
    7. Any weapon defined in paragraph (e) or (f) of this subdivision and any large capacity ammunition feeding device that was legally possessed by an individual prior to the enactment of the chapter of the laws of two thousand thirteen which added this paragraph, may only be sold to,exchanged with or disposed of to a purchaser authorized to possess such weapons or to an individual or entity outside of the state provided that any such transfer to an individual or entity outside of the state must be reported to the entity wherein the weapon is registered within seventy-two hours of such transfer. An individual who transfers any such weapon or large capacity ammunition device to an individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor unless such large capacity ammunition feeding device, the possession of which is made illegal by the chapter of the laws of two thousand thirteen which added this paragraph, is transferred within one year of the effective date of the chapter of the laws of two thousand thirteen which added this paragraph.
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that
    1. has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition, or *
    2. contains more than seven rounds of ammunition, or
    3. is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of,or that can be readily restored or converted to accept, more than seven rounds of ammunition
       
       * NB Suspended and NOT Effective per ch 1/2013 § 58, as amended by ch 57/2013 Pt. FF § 4; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that:
       1. was manufactured at least fifty years prior to the current date,
       2. is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof,
       3. is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and
       4. is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at anytime, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.
          
          *Note: Refer to appropriate law on date of recovery for definition