What the New Wave of Pistol Design Legislation Means for Illinois Gun Owners and the Second Amendment
If you own a “Glock” in Illinois, one of the most popular brands of semi-automatic pistols in the United States, you should be paying close attention to recent legislation introduced in the Illinois legislature this spring that is seeking to effectively ban the manufacturer from selling the handguns in the state in the future. On May 20, the Illinois House Gun Violence Prevention Committee voted 9-5 to advance House Bill 4471 which, although the bill does not name Glock specifically, targets theirs and other manufacturers’ design, as it would ban the sale of any semiautomatic pistol with a cruciform trigger bar. Supporters say that this design is what allows a pistol to be modified with an auto-sear, or as it is more commonly known a “switch,” which allows handguns of this design to be converted into a fully automatic weapon. The bill’s sponsor, Illinois House Representative Justin Slaughter, characterized the measure as “a consumer product safety measure” rather than an outright gun ban. He pointed out that other manufacturers, including Illinois-based Springfield Armory, use different firing mechanisms that would remain legal to sell, and that Glock already markets a design in Europe that would be compliant under the proposed law. To support his argument about the potential danger these guns currently pose to Illinois residents, he cites Chicago police data which have reportedly recovered roughly 1,300 modified Glocks in connection with crimes in the city. Much like the controversial ban on AR-15s and other assault weapons that took effect in Illinois, which we have previously covered, the bill would be forward looking, meaning the government would grandfather in current owners of Glock handguns and instead ban future sales. While the bill did not receive a vote before the Illinois Assembly adjourned for the spring, its passage through committee means it is likely to be taken up in the fall or future sessions.
Court Challenges Likely to Follow Any Passage
Illinois is not acting alone in targeting the popular handguns. Four states, California, Maryland, Connecticut, and New York have already enacted similar bans, and the litigation challenging them is likely to quickly follow in the wake of their passing, if it has not already done so in some instances. And these legislative bans are only part of the strategy of states seeking to attack the manufacturer, with states and cities across the country simultaneously suing the manufacturer, including Minnesota, New Jersey, Maryland, Chicago, Philadelphia, and Seattle all alleging in suits that the company sold the pistols knowing that they could easily be effectively converted into machine guns with the installation of a switch, many of which are cheap and can be obtained using a 3-D printer. Minnesota Attorney General Keith Ellison, in announcing their lawsuit, said he was initiating the lawsuit against the manufacturer because, “Glock’s actions, and their inaction, violate Minnesota law, and put kids, communities and law enforcement in danger. This has to stop. Today’s lawsuit against Glock is about protecting our kids and protecting the guardians who look out for us.” Chicago’s own suit against Glock, filed nearly two years ago, is still working its way through the courts but echoes the allegation that the company knew the dangers of its design when it sold the guns in Chicago. The NRA, however, has been quick to countersue these bans and the manufacturer has defended itself consistently in the US courts. For now, the ban is not in effect in Illinois, and even its passage will be certainly met with challenges that could delay its implementation, much like the assault weapons ban had starts and stops as it made its way through the courts. Nonetheless, it could have far reaching consequences for individuals who are found to be carrying the popular handguns should it go into effect, potentially leading to criminal charges for both legally permitted gun owners and those who are not currently allowed to handle or possess firearms.
