Chicago Takes New Legal Approach Against Glock

The City of Chicago has filed a new lawsuit against Glock Inc., accusing the gun manufacturer of contributing to the city’s gun violence crisis by designing pistols that can easily be modified into automatic weapons. The lawsuit, filed in state court, comes after the city withdrew a similar federal suit earlier this month.

According to a recent feature by ProPublica, an “auto sear” or “switch,” which is used to convert a Glock semiautomatic pistol into a so-called machine gun capable of a rapid rate of fire, are flooding Chicago as the city grapples with yet another violent summer.

ProPublica reports that Chicago’s suit against Glock, its Austria-based parent company, and two local retailers, Midwest Sporting Goods in Lyons and Eagle Sports Range in Oak Forest, alleges that Glock has designed its pistols in a way that facilitates illegal modification and has failed to take necessary steps to protect the public from these modifications.

City officials told the media outlet that in the past two years, Chicago police have recovered nearly 1,200 Glock pistols equipped with auto sear devices. These modified firearms have been linked to numerous crimes, including homicides.

Shift in Tactics

Chicago’s lawsuit represents a shift in legal tactics against the gun industry. Historically, municipalities and victims have faced significant obstacles in holding gun manufacturers accountable due to the federal Protection of Lawful Commerce in Arms Act (PLCAA), which shields gunmakers from liability for crimes committed with their products. Passed in 2005, PLCAA has been used by gun manufacturers to thwart numerous unjustifiable lawsuits.

However, recent legal tactics have shown that there are ways to navigate around PLCAA’s protections, according to ProPublica. They note that Chicago’s new lawsuit is narrower in scope, targeting specific allegations of negligence and wrongdoing that are now barred by the Illinois Firearms Industry Responsibility Act, enacted in 2023 and currently being challenged in court by the NSSF. This state law restricts how gun dealers and manufacturers can market and sell their products and subjects them to civil penalties for violations.

Steve Kane, an attorney for the city, emphasized the significance of this new legal framework.

“That’s a big difference from where we were back in 2000,” Kane said. The lawsuit argues that Glock’s designs make it easy to install auto sears, increasing their popularity among criminals.

A Changing Legal Landscape

The legal landscape for gun manufacturers is evolving. Despite the broad immunity provided by PLCAA, plaintiffs have found success by leveraging specific exceptions in the law. For example, the families of victims in the 2012 Sandy Hook Elementary School shooting secured a $73 million settlement by arguing that Remington’s marketing of the Bushmaster rifle violated Connecticut’s consumer protection laws.

ProPublica reports that Chicago’s lawsuit also follows a string of recent legal actions against the gun industry. In 2021, the city sued Westforth Sports, a gun retailer in Gary, Indiana, over alleged negligence in preventing illegal gun sales. Although a Cook County judge dismissed the lawsuit in May 2023, citing jurisdictional issues, the city has appealed the decision.

Chicago’s new lawsuit is part of Mayor Brandon Johnson’s broader strategy to address gun violence, which includes funding violence prevention and intervention programs. Bradly Johnson, chief community officer for BUILD, a Chicago civic group, supports the city’s approach.

“Reducing gun crime requires a broad strategy, including holding gunmakers accountable for how their products are misused,” he told ProPublica.

As legal battles over PLCAA continue, state legislatures are also weighing in. While some states have passed laws to further immunize the gun industry, others, like Illinois, have enacted legislation to hold gunmakers accountable for public safety violations.

Chicago’s latest legal effort is just one more grenade launched over the wall at gun rights and companies that make products that work as engineered, revealing anti-gun politicians and leaders will stop at nothing until they have eroded Second Amendment rights under the guise of “gun safety.” If one legal or legislative scheme won’t work, they will always come up with another.