Chicago's lawsuit vs. Glock is aggressive step against gun violence

America thought it had virtually banned machine guns back in the days of Al Capone.

But here we are in 2024, with a new form of machine guns. They are firearms illegally modified with cheap and absurdly easy-to-add-on devices that allow them to act like machine guns. The devices cost as little as $20 and can even be printed on a home 3D printer using plans found on the internet. The add-on devices, called auto sears or switches, allow a Glock handgun — the most popular handgun in America — to fire up to 1,200 rounds per minute.

Let’s get to the point where these “machine guns” are banned, too.

Last week, Chicago took an important step against this insanity by filing a lawsuit against Glock, saying the company has ignored warnings that its handguns are easily converted into what are essentially machine guns. Other states and cities should follow with additional lawsuits seeking to force firearms makers to act responsibly.

Gun safety went off the rails in 2005, when Congress enacted the Protection of Lawful Commerce in Arms Act, which gave gun manufacturers immunity from liability no matter how unsafe their products are. Without that ill-advised law, gun manufacturers would be like other companies, always looking for ways to ensure what they produce is as safe as possible.

For example, technology similar to thumb prints or the pass codes on smart phones could keep criminals, children or other unauthorized users from firing guns that get into their hands. But under the PLCAA law, gun manufacturers have had little incentive to pursue such technology.

In August, however, Illinois enacted the Firearms Industry Responsibility Act, which allows victims of gun violence to hold gun manufacturers accountable if they knowingly cause harm through unsafe marketing practices, a route that PLCAA does not prohibit. Chicago’s lawsuit against Glock, which was joined by Everytown Law, was filed under that state law, alleging Glock violated that and other state laws. If the lawsuit gets as far as the discovery phase, we may learn more about how much gun manufacturers know, and how long they have known it, about the avoidable dangers posed by the firearms they make.

A ‘full force’ approach against gun violence

Because Congress has failed to pass a law similar to Illinois’ Firearms Industry Responsibility Act, states are stepping up. New York enacted similar legislation in 2021 that allows civil lawsuits to be brought against firearm manufacturers and dealers for reckless marketing. Massachusetts, Maryland and California require new handguns to have childproofing features. A law in New Jersey allows the state to sue the gun industry under a “public nuisance” law, rather than consumer fraud, which is the basis of Illinois’ law. Other states that have made it easier for victims or public officials to bring civil lawsuits against gun manufacturers include Colorado, Hawaii, Delaware and Washington, according to the Giffords Law Center.

Garien Gatewood, Chicago’s deputy mayor of community safety, said the lawsuit is part of a “full-force” approach to reduce gun violence by addressing everything from shooters on the street to gun manufacturers.

“Chicago is one of the top cities for mass shootings in the country because of the number of bullets that can come out of these guns,” Gatewood said.

According to Chicago’s lawsuit, police recovered modified Glocks after an October 2021 gun fight in the Austin neighborhood that left one man dead and two others injured; after a January 2022 shooting that injured three people; after a January 2022 incident in Humboldt Park in which a mother taking her daughter to a medical center was injured in cross-fire; and after a July 2022 incident when two teenagers in West Pullman were injured by bullets bursting through a window of their home, among other incidents. The lawsuit says Chicago police have recovered more than 1,100 modified Glocks since 2021.

“We have alleged [Glock] has known about this problem for years, and we also allege that there is a way to make firearms safer. But they haven’t done it,” said Alla Lefkowitz, managing director of affirmative litigation at Everytown Law and co-counsel for the Chicago lawsuit.

In Georgia, police reportedly are finding so many shell casings at some shooting scenes, they’re running out of evidence markers and some departments are resorting to paper cups, according to Atlanta News First.

Getting rid of auto sears won’t end all gun violence. But reducing gun violence requires one step at a time. According to the Gun Violence Archive, there already have been 83 mass shootings in the United States this year, as of Monday. According to Everytown Law, more than 120 people in the United States are killed by guns every day. The proliferation of easily made machine gun-like weapons is not going to bring those numbers down.

The record shows gun manufacturers must be held accountable before they are motivated to make guns safer. Chicago’s lawsuit is an important step toward that accountability.

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