GLOCK Inc. has filed a motion in federal court seeking dismissal of a harassment lawsuit filed against the company by the City of Chicago seeking to hold the company responsible for “facilitating the proliferation of illegal machine guns” in the city, which have been altered by the addition of an aftermarket component generically known as the “Glock switch.”
The motion was filed in U.S. District Court for the Northern District of Illinois. GLOCK Inc. is represented by attorneys Holly A. Harrison and Michael L. Rice at Harrison Law in Chicago, and by John F. Renzulli, Christopher Renzulli and Scott C. Allan at the Renzulli Law Firm in White Plains, N.Y.
The lawsuit against GLOCK Inc. was filed back in March and touted as the first-of-its-kind lawsuit against a firearms manufacturer. The company, with a facility in Smyrna, Georgia, manufactures handguns used by law enforcement and private citizens across the U.S.
In its press release announcing the lawsuit in March, even Chicago acknowledged that GLOCK Inc. is “the manufacturer of the most popular handguns in the United States.”
According to the city, this is the first legal action to utilize the new Firearms Industry Responsibility Act (ICFA) passed by the Illinois Legislature last year. Chicago claims its police have recovered more than 1,100 Glock pistols “that have been converted into illegal machine guns in the last two years alone in connection with a wide variety of crimes, including homicides, aggravated assaults, batteries, kidnappings, burglaries, home invasions, carjackings, and attempted robberies.”
But GLOCK’s attorneys argue in their motion the city’s claims are “based on alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA).”
GLOCK’s motion for dismissal argues the Illinois law “is unconstitutional because it interferes with interstate commerce, is unconstitutionally vague, and violates the Second Amendment.” The company further argues that the city’s complaint is barred by the Protection of Lawful Commerce in Arms Act (PLCAA), a federal statute signed into law by President George W. Bush nearly two decades ago.
The “Glock switches,” primarily mass-produced in China, are described by the city as a “cheap, small device.” The city argues in its lawsuit that Glock knows it can fix the problem “but refuses to do so.” The city wants a court order forcing Glock to change its 40-plus-year-old pistol design and “cease sales of its easily converted pistols to Chicago civilians.” It also wants penalties against Glock and damages for what it claims is harm the company has caused to the city.
According to the popular website heyjackass.com, which monitors Chicago homicides, last year the city saw a total of 648 murders, of which 576 involved fatal gunshot wounds. Another 2,501 people were shot and wounded.
So far this year, the website noted as of Friday, June 14, there have been 204 people fatally shot in the Windy City and another 991 wounded. The city has racked up 237 total homicides, the website said.
In their motion, GLOCK Inc’s attorneys contend, “In addition, the City’s claims are all barred because of a lack of proximate cause as a matter of law, and its common law claims are barred based on a lack of duty.”
This is hardly the first time a municipality has filed a lawsuit against a firearms manufacturer, seeking to hold a company responsible for criminal acts committed by people beyond their control, and likely with criminal records who should not even possess a firearm under current law.
In the late 1990s and early 2000s, several cities, with support from the gun prohibition lobby and the now defunct Bloomberg-backed Mayors Against Illegal Guns, filed a string of lawsuits, commonly referred to as “junk lawsuits.” It took years of litigation, plus passage of the Protection of Lawful Commerce in Arms Act (PLCAA), to bring a halt to those actions. Many believe the lawsuits are simply designed to bankrupt the firearms industry.
Chicago’s lawsuit amounts to déjà vu. The city partnered with Everytown Law, a gun control offshoot of Everytown for Gun Safety, the Michael Bloomberg-backed gun prohibition lobbying group.
The lawsuit also involved the private law firm Paul, Weiss, Rifkind, Wharton & Garrison, LLP.
On March 26th, 2024, a dozen state attorney generals, all Democrats, sent a letter to Glock General Counsel Carlos Guevara strongly suggesting these states may follow Chicago’s lead and file their own lawsuits against the company.
Among the attorneys general signing the original threatening letter was Bob Ferguson, a Democrat now running to become Washington State’s next governor. He was joined by AGs from Colorado, Connecticut, Delaware, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and the District of Columbia.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
Glock and all gun and ammo manufacturers in the USA or doing business in the USA should immediately cease doing business with any federal or state government, as they all infringe on citizens’ right to keep and bear arms. No guns or ammo for police. Or agents of the IRS. Or FBATFE.
Following the example of the late great Ronnie Barrett may he RIP.
I’d love to see Glock kill the whole NFA, but I’d really have settled for Glock pointing out that MG aren’t actually illegal, just taxed (the 73rd congress explicitly acknowledged on the Congressional record a ban would be unconstituional), and the City of Chicago is trying to sue Glock for a third party not paying taxes to a separate government.
1934 DA in NFA SENATE debate also admitted ban would be unconstitutional and congress had no power to police citizens firearms.
Maybe Glock should sue Shootcago for failing to modify its Defective Citizens such that they cannot commit shootings.
or at the very leas failing to modify the bility to roam about in public after having committed felony assault crimes. Lock em up, in other words.
Part of CHicago’s problem is heyr absolute failure to impose “unpleasant cinsequences” for violent behaviour. No deerrent means no self-control means more dead people. Duhhhh…..
glock and all other manufactures should stop selling to the police in these states no arms no ammo, bet the hellholes get worse than imaginable fast and the people lynch the cause….mayors governors and attorney generals
I do agree!
If it weren’t for bystander casualties, just bangers banging bangers, I’d say ship them free ammo.
““The consensus is that no more than five to ten people in a hundred who die by gunfire in Los Angeles are any loss to society. These people fight small wars amongst themselves. It would seem a valid social service to keep them well-supplied with ammunition.”” -the late Marine Col Jeff Cooper. Although he stated LA, applies to Shootcago, Libturd enclaves as well.
LOL. Nice to know I’m not alone in that opinion. Lot of good quotes at the site you linked to. Other visitors here should follow it and enjoy the wisdom of Col. Cooper.
give them the addresses of the government people that want to protect the criminals, free cars and tvs
Why go after Glock?
Because like Willie Sutton said, “That’s where the money is”. Politicians have no limits to their greed for “other peoples money”.
14th Amendment violation equal protection under the law.
don’t forget about attorneys fees when chiraq looses.
yeah, always blame the inanimate object for your problems.
Why not sue the Chinese company that manufactured and sold the switches instead?
Glock are no oore culpabl for theChicago murder count than Sganley Tool Corp would be for someone taking one of their 24 ounce scarface framing hammers and “doing in” their neighbour wuth it. It ain’t the one producing the tool, its the one who picks it up and does dirt with it. And the fools running Chicago KNOW this. Everytown are well known for perperating “lawfare”. Glock should counersue for damages , to include their costs to defent, and their “damage to reputation” in result of the false and frivolous lawsuit. Start draining the reserves of Bollies Blooming Eedjits. cost… Read more »
Sue China, Mexico tried to sue US gun nanufactures.
Glock needs to sue Chicago for harassment. Clearly the city isn’t doing due diligence when it come to prosecuting criminals.
This is Chicago, where the AG, Kim Foxx, drops most gun charges as parts of plea deals, and does not refer Federal machine gun possession and use crimes to the Feds, who, in Chicago, do not prosecute them anyway. The .gov of China is directly supporting the importation of these switches, the fentanyl precursors, and the counterfeit parts and materials plaguing our manufacturers and our society. A totalitarian government is in charge. That said, they hide their actions through fake companies, who dissappear when sued. This is typical lawmakers/ shakedown / attempt to break the ability of our laws to… Read more »
I think that Glock can only be held liable for Glock switches manufactured by them, aftermarket accessories are most often made by other entities (China, inc)