Cook County State's Attorney Announces New Policy to Crack Down on 'Switches' and Other Illegally Modified Guns
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January 30, 2025
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Cook County State's Attorney Announces New Policy to Crack Down on 'Switches' and Other Illegally Modified Guns
CHICAGO - Set against a fifteenfold increase in the number of illegally modified firearms being recovered by local law enforcement, Cook County State's Attorney Eileen O’Neill Burke announced today that her office will seek a sentence of imprisonment when the evidence is sufficient to prove that the offender was in possession of or used a machine-gun, machine-gun conversion device (MCD), extended magazine, drum magazine, automatic switch, privately made firearm, ghost gun, or defaced firearm while committing any felony offense, regardless of the class of the felony. This includes, but is not limited to, first- and second-degree murder; aggravated battery; aggravated criminal sexual abuse; armed robbery; aggravated vehicular hijacking; and gunrunning.
"Anyone who has seen one of these modified guns in action – which enable a shooter to unload a 30-round drum magazine in less than two seconds – understands that these are weapons of war that have no place in our communities," said State's Attorney Eileen O’Neill Burke. "With this policy shift, we are providing certainty and consistency for prosecutors and police so they can do their work with confidence to get these incredibly dangerous weapons and the people who use them off the street."
According to data maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), MCD recoveries in the City of Chicago have increased fifteenfold since 2019, with 604 recovered in 2024, which was an increase of 7% over 2023 (546). Half of these weapons (49.9 %) are linked to one or more shooting incidents via the NIBIN system.
The Chicago Police Department works in close collaboration with the Cook County State's Attorney's Office to enforce and prosecute gun crimes. "The proliferation of illegally modified firearms has created too much trauma in our city for far too long," said Chicago Police Department Superintendent Larry Snelling. "State's Attorney O’Neill Burke is taking gun crimes as seriously as CPD as we both seek justice for victims of gun violence and work to make our city safer for every resident and family."
“I commend Cook County State’s Attorney O’Neill Burke for her dedication to holding accountable those who are charged with possessing machineguns in our community,” remarked ATF Special Agent in Charge Christopher Amon of the Chicago Field Division. “Our law enforcement officers are confronted with the threat of offenders using machinegun conversion devices, and tragically, both officers and innocent victims have lost their lives due to their proliferation on our streets.”
Under this new policy, Assistant State's Attorneys (ASAs) will no longer reduce or agree to reduce charges, or accept a plea to a lesser charge, when the evidence is sufficient to prove a machine gun or machine gun-like device was used. ASA's will maintain prosecutorial discretion on an individual basis with appropriate supervisory approval.
"The bottom line is if you are convicted of using one of these weapons of war on the streets of Cook County, you are going to prison," Burke said. "We are taking decisive action to hold offenders accountable to ensure that those who chose to arm themselves with these weapons face serious consequences in our unwavering commitment to public safety and justice.”
This policy shift will act in concert with Burke's Day One announcement that the Cook County State's Attorney's Office now seeks pre-trial detention for:
- every detainable felony offense where an offender used or possessed a firearm equipped with an extended magazine, drum magazine, automatic switch, or used a ghost gun or defaced firearm;
- any domestic violence-related, stalking or sex offense where the offender used or possessed a weapon;
- any detainable felony offense that is committed on public transportation;
- all Murder or Class X felony offenses (e.g., First-Degree Murder, Aggravated Arson, Aggravated Battery of a Child, Aggravated Kidnapping, Aggravated Vehicular Hijacking, Armed Robbery, Home Invasion, Solicitation of Murder);
- all sex offenses where the victim was under the age of 13 and the offender was an adult throughout the duration of the offense or when the offense was committed during the commission of another felony; and
- all cases involving the manufacture, dissemination, or possession of child pornography.
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