NJ Glock Lawsuit Survives Dismissal: What Gun Owners and Dealers Need to Know
Superior Court Refuses to Dismiss New Jersey’s Claims Against Glock
The lawsuit brought by Attorney General Matt Platkin has a simple point at its core. The State says Glock knew its pistols could be turned into fully automatic weapons with a small device and did not do enough to stop the problem. Prosecutors say warnings were raised more than once and that the company still kept selling the same models. With the court refusing to shut the case down early, these claims will now be explored through testimony and documents instead of being tossed aside.
If the State proves its case, the result could change the way manufacturers are viewed in New Jersey. Courts and regulators may expect companies to think ahead about how their guns can be misused, especially when conversion parts are already a known issue. That type of finding could push the industry to rethink certain designs or safety features.
Gun owners and dealers should also pay attention, even though the lawsuit does not affect lawful possession. The ruling shows that the State is watching anything related to conversion risks very closely. A case like this can influence how certain models are reviewed, sold, or supervised in the future. Anyone who buys, sells, or transfers firearms in New Jersey should keep an eye on these developments because they can shape the rules that govern everyday transactions.
As a law firm with deep experience defending weapons charges and firearms-related litigation statewide, we are well-positioned to guide gun owners, dealers, and manufacturers through this evolving landscape. We understand both the criminal side (possession, conversion, etc.) and the emerging civil liability risks for manufacturers and distributors.
What Is the Glock Lawsuit About? Understanding the State’s Accusations
New Jersey’s lawsuit against Glock centers on a straightforward but serious accusation: that the company designed and sold pistols that can be turned into illegal machine guns with a small add-on device. These “Glock switches” or auto sears are inexpensive, widely available online, and capable of transforming a standard semiautomatic pistol into a weapon that fires continuously with one pull of the trigger. The State argues that Glock knew this was happening, received warnings about the problem, and still chose not to adjust its design or take steps that could have limited the risk. Prosecutors also claim that Glock continued to market the pistols despite the growing number of converted weapons recovered in criminal investigations.
When Glock moved to throw out the case, the court rejected every argument the company raised. Judge Lisa M. Adubato found that the complaint, if proven, could show “conscious and culpable participation in wrongdoing,” which is enough to proceed to discovery. Glock’s constitutional claims fell flat as well. The judge concluded that the lawsuit does not restrict anyone’s right to own a firearm because it targets a manufacturer’s commercial choices. Because the State’s claims focus on marketing and product design, not possession or use by lawful gun owners, the court held that the Second Amendment was not infringed.
This distinction matters. It means the lawsuit is aimed at the business side of the firearms industry, not the rights of New Jersey residents who legally purchase and carry guns. If the lawsuit succeeds, it may shape how firearms are engineered, marketed, and what safeguards manufacturers must consider when selling guns in New Jersey. It also signals that regulators are paying closer attention to conversion-ready firearms, which could influence future rulemaking and enforcement priorities statewide.
Understanding Glock Switches and Machine Gun Conversion Devices
New Jersey treats machine guns and conversion devices with absolute seriousness, and the statutes leave very little room for interpretation. Under N.J.S.A. 2C:39-1, a machine gun is any firearm that fires more than one round with a single pull of the trigger. That definition covers fully automatic weapons as well as semiautomatics that become automatic once a prohibited device is installed. Items like Glock switches, auto sears, and bump stocks fall into this category, and each of them is outlawed on its own. The law goes even further by making it a crime to possess the conversion device by itself, even if the person doesn’t have a firearm to attach it to.
Possessing a machine gun or any of these conversion components is a second-degree offense under N.J.S.A. 2C:39-5(a), and the penalties reflect the gravity of the charge. A conviction carries a sentencing range of five to ten years in New Jersey State Prison, and the Graves Act applies in most cases. That statute imposes a mandatory term, usually three to five years, with forty-two months of parole ineligibility. Courts also apply the No Early Release Act, which requires a defendant to serve eighty-five percent of the sentence before becoming eligible for parole.
These penalties come with a presumption of imprisonment. In practical terms, someone convicted of a machine gun offense in New Jersey faces a strong chance of going to prison even without a prior record. Judges have limited discretion once the mandatory minimums and sentencing statutes attach.
Federal vs State Prosecution for Machine Gun Charges in New Jersey
Machine gun cases in New Jersey don’t always stay in state court. When a firearm or conversion device falls within federal jurisdiction, the Bureau of Alcohol, Tobacco, Firearms, and Explosives can step in and pursue federal prosecution. Possession of a machine gun or an auto sear can trigger charges under the National Firearms Act, which defines and regulates these weapons under 26 U.S.C. § 5845. In some situations, a defendant can face both state and federal exposure at the same time. That overlap creates a real risk of stacked penalties, and prosecutors have broad discretion when deciding how to coordinate a case with federal authorities.
Can You Get a Graves Act Waiver for Machine Gun Charges in NJ?
Even with steep penalties on the table, there are limited situations where the mandatory minimums can be softened. County Prosecutors have the authority to issue a Graves Act waiver, which removes or reduces the mandatory prison term and parole ineligibility period. These decisions turn heavily on the defendant’s background: a clean record, compelling personal circumstances, documented cooperation, or factors that suggest the incident is unlikely to repeat. Although waivers in machine-gun cases are uncommon because of the seriousness of the charge, they are not impossible.
Securing a waiver requires focused advocacy. Defense counsel must build a persuasive narrative that goes beyond the offense itself and highlights the defendant’s character, history, and rehabilitative potential. When a waiver is granted, it can open the door to outcomes that would otherwise be off the table.
In rare cases, a waiver may even make Pre-Trial Intervention a possibility. PTI is never guaranteed for weapons offenses and certainly not for machine-gun allegations. If the prosecutor approves a waiver and the circumstances are strong enough, diversion can be considered.
How This Lawsuit Could Impact New Jersey Gun Owners and Dealers
The Glock lawsuit has created a lot of discussion, but it does not change the rights of lawful gun owners in New Jersey. The case is aimed entirely at the company’s commercial decisions, not at individuals who legally own and carry standard semiautomatic Glock pistols. Those firearms remain lawful when purchased, possessed, and transported with the proper permits. The court made this point very clear that the lawsuit focuses on manufacturing and marketing practices, not on restricting anyone’s personal right to own a gun.
Where gun owners do face real exposure is with anything involving conversion devices. Installing a Glock switch, auto sear, or any other component that creates automatic fire is treated as a major felony under both state and federal law. Even owning the device by itself—without attaching it to a firearm—can lead to criminal weapons charges. Prosecutors often pursue these cases aggressively because the law treats the part as a banned item on its own.
“Constructive possession” also plays a role. If someone has both a compatible firearm and a conversion device, even if the items are stored separately, prosecutors will argue that the person had the ability and intent to assemble a machine gun. That combination makes the case far stronger for the State, and courts regularly accept the theory.
Lack of knowledge about the weapon’s ability to be “switched” can be raised as a defense, but the State only needs to show that the person knew the item was a prohibited device. In these cases, the burden shifts quickly, and judges expect gun owners to understand what they possess and how it functions.
What Firearm Modifications Are Prohibited in New Jersey?
For anyone who owns firearms in New Jersey, the safest approach is to keep your guns in their original, lawful configuration. Any modification that allows a weapon to fire automatically will put you on the wrong side of the law, even if the change seems small or easy to reverse. The same goes for conversion devices. Purchasing, holding, or installing switches, auto sears, or similar parts is illegal under both state and federal statutes, and many of these items are sold online or shipped from out-of-state in a way that makes people think they’re harmless accessories.
If you’re buying a used firearm, take a close look at the internal components and make sure nothing has been altered. A prior owner’s illegal modification can quickly become your problem if you take possession without realizing what you bought. It’s also important to keep following New Jersey’s strict transport and storage requirements.
Potential Changes to Gun Design and Sales Following the NJ Ruling
As the Glock lawsuit moves forward, the firearms market may begin to shift. Manufacturers could respond by redesigning products to make conversion more difficult or by adding built-in safeguards that prevent auto sear installation. Those changes may lead to higher production costs, and that often means higher prices for consumers.
In the bigger picture, the ruling may also encourage regulators to take a closer look at firearms that can be modified easily. Retailers may face more oversight, and certain models may undergo deeper scrutiny before being approved for sale in New Jersey. While lawful owners will still be able to purchase and possess semiautomatic pistols, the path from manufacturing to retail may become more tightly controlled as this case develops.
Effective Defense Strategies for Machine Gun Charges in New Jersey
How Illegal Searches Can Get Machine Gun Charges Dismissed
A strong defense often starts with the Fourth Amendment. Many machine gun and conversion device cases grow out of traffic stops or street encounters, and those stops must follow the law. If the stop was unlawful, or if officers searched a car or home without a valid basis, the defense can move to suppress anything the police recovered. The same scrutiny applies to warrants. If the affidavit was flawed, misleading, or lacked probable cause, the search can be invalidated. Consent issues also matter. Police often rely on supposed consent to enter a residence or search a vehicle, and the defense can challenge whether that consent was voluntary, informed, and legally effective.
Challenging Possession and Knowledge in Machine Gun Charges
Possession is more complicated than many people realize. Prosecutors often argue constructive possession, which means the defendant supposedly had the ability to control the weapon even if it was not found on their person. In cases with multiple people in a car or home, that theory becomes much weaker. When a firearm or device is discovered in a shared space, the State must prove who actually controlled it. Knowledge is another key issue. A defendant may not have known that a firearm was modified or that a small part found in a bag or glove box was a conversion device. The State still has the burden to show the person knew what the item was and intended to exercise control over it.
Using Expert Testimony to Challenge Machine Gun Charges
Many cases turn on how the weapon actually functions. For a machine gun charge to hold up, the State must test the firearm and show that it fired automatically during proper examination. If the gun malfunctioned or if the automatic fire was caused by a defect rather than an intentional change, the charge may not fit the facts. An independent expert can review the weapon and offer a separate analysis on classification, mechanical issues, or ambiguous parts. Some items sold online resemble conversion devices but do not create automatic fire, and that distinction can make a significant difference in court.
Plea Bargaining Options for Machine Gun Charges in New Jersey
When someone faces a machine gun related charge in New Jersey, the first priority in most cases is to seek a Graves Act waiver. This is often the only path to avoiding a long mandatory prison term, so the defense must present a clear and persuasive request that highlights the client’s background, history, and the circumstances surrounding the arrest. If a waiver is not immediately available, the next step is to negotiate for a reduction to a lesser weapons offense that does not carry the same sentencing requirements. Cooperation can also play a role. Information about where the weapon or device came from may help reduce exposure when the circumstances justify it.
Mitigating factors are another important part of these discussions. A clean record, the absence of criminal intent, or compelling personal details can influence how prosecutors view the case. Even though alternative sentencing is limited in machine gun cases, it should still be discussed when the facts show that the client is not a public safety risk. Creative and well supported mitigation can shift the outcome in a way that prison is not the only option on the table.
Can You Get Released on Bail for Machine Gun Charges in New Jersey?
Suppose the judge is willing to consider release. In that case, the defense can propose conditions that protect public safety while allowing the client to remain at home. Options such as regular reporting, electronic monitoring, or home confinement can be used to address the court’s concerns. The goal is to keep the client in the community as the case moves forward, enabling better preparation and a stronger position during negotiations.
Facing Gun Charges in New Jersey? Get Experienced Legal Help Now
The Glock lawsuit will continue to move forward in the courts, but none of this changes the rights of lawful gun owners in New Jersey. What it does highlight is the sharp difference between legal possession and the criminal consequences tied to machine gun conversions. Charges involving automatic fire or conversion parts bring mandatory prison exposure, strict sentencing rules, and aggressive prosecution. Even owning the parts that can create automatic fire is treated as a serious felony, and the State has shown that it intends to focus more heavily on these cases.
As enforcement increases, anyone facing these allegations needs an experienced defense team. These cases involve constitutional questions, technical firearm issues, and complex negotiations with prosecutors. A strong defense requires a careful review of the search, the weapon, the conversion device, and every factual detail that may support a waiver or charge reduction. Our firm has extensive experience handling Graves Act cases and weapons related charges throughout New Jersey. We guide clients through detention hearings, waiver requests, plea negotiations, and trial preparation, and we understand what it takes to protect someone’s future when the stakes are this high.
We offer free consultations to anyone charged with a firearm offense and represent clients in every county in the state. If you or someone you know is facing a gun-related charge, reach out for immediate guidance before the situation becomes more challenging to manage.
Contact us today at (201) 556-1570 for a free consultation with an experienced New Jersey gun defense attorney.