Gun and general weapons crimes are one of the most serious charges a person can receive, but what if we were able to explain to you how the process works for law enforcement to test a gun or other weapon for DNA? At DuBois Law, we specialize in criminal defense, including representation for weapons charges, to protect you when you need help. It's our job to not just be your defense but also to teach you about the world of criminal law here in Buffalo and WNY. We don't judge, we are only here to understand what you're going through. 

In this blog, we will break down the process of how law enforcement tests a gun for DNA how the New York State laws affect the outcome.

How DNA Ends Up on a Firearm (and How Law Enforcement Identifies It)

A significant amount of forensic science is involved in determining whether someone used a weapon in today's modern age of technology, which can accomplish tasks that were previously impossible. So how does DNA end up on a firearm or any other form of weapon?

The most obvious occurrence of DNA on a weapon is when it's in contact with a part of their body, most likely their hands, and the DNA transfers over. It's a type of trace evidence law enforcement uses known as "touch DNA". The textured surfaces that are common on the grips of guns are where you would find that example the most.

As we mentioned, law enforcement also uses forensic science in labs to help identify the DNA through analysis and swabbing of biological fluids from crime scenes. This helps to make a profile out of the final examination results and allows law enforcement to make charges for a crime.

There's also a possibility for indirect transfer of DNA, where your DNA could be put onto a weapon that you've never touched before. It's an intermediary situation that happens without you even realizing it. With this in mind, let's run through several instances of when this DNA transfer can happen:

Object-to-Person-to-Weapon: You will find that with indirect contact, there's a good chance that multiple different entities will be involved. With this example, it's pretty straightforward. Let's say that you handle an object that was previously touched by another individual. That individual's DNA has now been picked up by you, and if you then go and pick up a gun or other weapon, that person's DNA is now what law enforcement might pick up.

Object-to-Weapon (But Person Involved): Yes… Even when a person is not involved, the DNA can still transfer. If you mix up different objects, or in this case, mix up a firearm with another object or item, then the DNA still transfers on contact.

Person-to-Person-to-Weapon: This is simple. If you make contact with another person, for example, by shaking their hand or fist pumping or touching their hair, the DNA still transfers over once you then go to touch a weapon. Even the most harmless of behaviors can contribute to this scenario taking place.

There are ways for contamination to happen with law enforcement examining the DNA transfers, but in general, these are all the different ways in which DNA can be transferred, regardless of how. This highlights the importance of knowing when something that can seem impossible on its face is still able to happen.

Challenges and Limitations of DNA Evidence

There are limitations and challenges to this! This is where we can come in as a criminal defense against a circumstance like this, when DNA is used against someone in a case. 

One of the first limitations is identifying individuals from only mixed or partial samples of DNA evidence. Most law enforcement should be aware of outside factors that can affect a DNA sample or examination of one once it's collected. Environmental factors that severely affect the results of the DNA samples, DNA could be mixed up with other close relatives of the person you identified, and finally, most importantly, DNA identification does not prove the timing of a crime when it took place at the scene.

These particular instances can affect the criminal defense portion of the case. If there does end up being an issue with the collection of evidence, that can compromise the case's integrity and chain of custody in the matter. The evidence itself should also be processed by accredited laboratories to ensure that it's being handled by the right people. If any one of these challenges is present, it would give the defense a leg up on the case.

An Overview of New York State Gun Possession Laws

So with all of that in mind, let's run through one final overview of the gun and weapon possession laws here in New York State:

The ability for someone to own a firearm in the state of New York is not illegal, but if you are caught with an illegal firearm, the punishment is very severe. As we note on our Transportation and Possession of Firearms In/Through New York State page, it does not matter if you had the intention to cause any harm or break any laws; owning an illegal firearm is still a crime. Once DNA collection is involved in a criminal case like this, it will only help law enforcement in their effort to find a suspect.

A misdemeanor will be charged if you're caught with the illegal firearm, and we go over this on our Weapons Charges page as well. NY State Senate Bill S5961 “Requires certain evidence or samples for DNA analysis to be accepted by the New York state police forensic investigation center from any firearm, rifle, shotgun, ammunition or magazine loading device when the sole charge is criminal possession of a weapon in the first degree, second degree, third degree, fourth degree, and criminal possession of a firearm.

Weapons Possessions and Charges FAQ

Do you need a license (permit) to carry a gun in New York?

Yes! It's the law in NYS that you need a permit to own a firearm. In recent years, semi-automatic rifle laws have also been changed, and require a license to purchase or take ownership of, and you must be 21 years of age before purchasing as well. DNA evidence does not affect the legality of this, but only when it's without that permit.

So as you'll see, we want to make sure you're up to speed on the most important details, details that most people might not be aware of. If you have any other questions relating to this topic, our contact page is where you can get in touch with us. We look forward to helping!

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.