Last updated October 2026 · By Nick Hall, who tracks state gun litigation and read all 82 pages of Delaware’s Glock complaint before writing this
Quick take: Delaware Attorney General Kathleen Jennings sued Glock on October 22, 2026, claiming the company sells pistols that are far too easy to turn into illegal machine guns with a cheap switch. The state wants a court to stop Glock from distributing those pistols to Delaware civilians, and police sales are left alone.
- What happened: Delaware filed a five-count complaint against Glock, Inc. and the Austrian company Glock Ges.m.b.H. in the Delaware Court of Chancery on October 22, 2026.
- Why it matters: The suit runs on Delaware’s firearm industry law, which says foreseeable harm still counts against a maker even when a third party’s crime comes in between.
- What’s next: Glock has to respond to the complaint, and every claim in it is an allegation until a court rules otherwise.
- Who to watch: Glock, Inc. in Smyrna, Georgia, the Delaware DOJ’s Office of Impact Litigation, and Platkin LLP, the Newark firm listed as outside counsel.
Most of the Glock court fights we have covered this year ran in one direction: Glock and gun groups suing states over new convertible-pistol bans. This one runs the other way, and it carries a count that goes further than the press release lets on. I read the full complaint, so here is what is actually in it.
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Table of Contents
What Delaware’s Glock Complaint Actually Claims
The Delaware DOJ announcement went out on Thursday, October 22, 2026, and the complaint was e-filed that morning at 11:16 AM. It is a verified complaint in the Court of Chancery, brought by the State of Delaware through Attorney General Kathleen Jennings, and it names two defendants: Glock, Inc. of Smyrna, Georgia, and Glock Ges.m.b.H. of Deutsch-Wagram, Austria.
The legal engine is the Keshall “KeKe” Anderson Safe Firearm Sales Act, codified at Section 3930 of Title 10 of the Delaware Code. It says a firearm industry member, “by conduct unlawful in itself or unreasonable under all the circumstances, may not knowingly or recklessly create, maintain, or contribute to a public nuisance” through the sale, making, importing or marketing of a gun.
Two pieces of that statute do most of the work. Harm counts as caused by the maker “notwithstanding any intervening actions, including criminal actions by third parties.” And the state does not have to prove Glock intended to create a nuisance.
The 82-page complaint stacks five counts on top of that: public nuisance by unreasonable conduct, public nuisance by conduct unlawful in itself, aiding and abetting illegal machine gun possession, failure to keep reasonable controls, and a plain common-law public nuisance claim. Jennings put it more bluntly in the release: “Glock knew. They could have acted. They chose profit over people.”
The Count That Calls a Stock Glock a Problem
Count Two is the one gun owners should read twice. Delaware’s destructive weapons statute makes it a felony to sell or possess a “machine gun or any other firearm or weapon which is adaptable for use as a machine gun.” The complaint argues that Glock, by shipping unmodified pistols into Delaware, has been selling exactly that.
That is a big claim. Delaware already treats a switch itself as a machine gun, and the complaint says civilian machine gun possession there carries up to five years. But Count Two goes after the factory pistol, with no switch attached, on the theory that it can take one in under a minute.
Now the limits. The complaint does not ask for anything from people who already own a Glock, and it does not say current owners are breaking the law. Every request in its prayer for relief is aimed at Glock. Whether a court buys the “adaptable for use” reading is a separate question, and nobody has ruled on it.
If you want the federal side of this, our Glock switch explainer covers why the switch alone counts as a machine gun and what people are being sentenced to for owning one.
What Delaware Wants the Court of Chancery to Order
The headline request is an order permanently enjoining Glock “from distributing readily switchable handguns for sale to Delaware civilian consumers,” plus a bar on continuing the conduct the complaint describes. It also asks for abatement of the nuisance at Glock’s expense, restitution including disgorgement of profits, compensatory and punitive damages, fees and interest.
Police are carved out on purpose. The complaint says the attorney general “does not seek any relief with respect to the sales or marketing of Glock pistols, as currently designed, to law enforcement,” and the release repeats it: the suit does not affect Glock sales to police.
So what does it mean for a Delaware buyer today? Nothing has changed yet. A complaint is not an injunction, and Glocks remain on sale in Delaware under the same rules covered in our Delaware gun laws guide. The fight is over what a court might order later.
And “readily switchable” is doing a lot of lifting in that request. The complaint does not define which current models fall inside it, which matters a great deal given what Glock has shipped since late 2025.
Why Gen6 and the V Series Don’t End the Case
Glock has already changed its lineup. Its own Gen6 release of December 6, 2025 announced the G17, G19 and G45 Gen6, said the flat-faced trigger “maintains the Safe Action® System,” and put the guns on shelves January 20, 2026. That release says nothing about switches.
The complaint acknowledges the V Series and Gen6 and then argues around them. It says Glock’s halt on some models falls short, claims social media users showed the V Model being converted within days of release, and alleges the Gen6 “can also likely be easily converted into a machine gun.” That last one is a prediction, not a test result.
The more important line is a concession. Even if the redesign works, the complaint says, “Glock must take further steps to remedy the harm it has already caused.” It calls the recent changes “nothing short of an admission that change is both necessary and long overdue.” In other words, this case is built to survive a fixed gun, because the abatement and damages claims look backward at older Glocks already in circulation.
Delaware Joins New Jersey, Minnesota and Chicago
Delaware is not the first. New Jersey filed a similar suit on December 12, 2024 in its Superior Court’s Chancery Division, and its release that day said “Minnesota also filed suit against Glock today.” The same release mentions a similar lawsuit filed by Chicago, and Delaware’s complaint adds suits by Baltimore and Seattle to the list.
Delaware is not going it alone in court, either. The complaint lists Platkin LLP of Newark as outside counsel, with its admission to the Delaware case marked as forthcoming on the posted copy.
Glock had not posted a public response. Its press-release page, checked on October 28, 2026, still led with a July 6, 2026 item on safe storage.
The defense to watch is federal. The Protection of Lawful Commerce in Arms Act shields gunmakers from suits over criminal misuse, but it has an exception, at 15 U.S.C. 7903, for a maker that knowingly violated a state statute applicable to the sale or marketing of a gun. Delaware’s statute and its Count Two read like they were written with that exception in mind.
If the Court of Chancery agrees the exception fits, the next fight is over how far an injunction reaches. If it does not, the common-law nuisance count has no state sales statute behind it, so that exception does it no favors.
Five counts. One courthouse. The whole case turns on whether “adaptable” means what Delaware says it means.
Frequently Asked Questions
Why is Delaware suing Glock?
Delaware claims Glock designs, markets and sells pistols that can be quickly converted into illegal machine guns with a small add-on called a Glock switch, and that the company knew this for years without fixing it. The state says that conduct creates a public nuisance under its firearm industry law, 10 Del. C. 3930. These are allegations, not findings.
Which court is the Delaware Glock lawsuit in?
The verified complaint was filed in the Court of Chancery of the State of Delaware on October 22, 2026, with venue claimed in New Castle County. The defendants are Glock, Inc. of Smyrna, Georgia, and Glock Ges.m.b.H. of Austria.
Does the lawsuit ban Glock sales in Delaware?
No. A complaint is a request, not a court order, and nothing has been decided. Delaware is asking the Court of Chancery to permanently bar Glock from distributing readily switchable handguns for sale to Delaware civilians, but no injunction has been issued.
Does the Delaware lawsuit affect police Glocks?
No. The complaint says the attorney general seeks no relief over sales or marketing of Glock pistols, as currently designed, to law enforcement, and the state release says the suit does not affect Glock sales to law enforcement.
Does the lawsuit target people who already own a Glock?
No. Every request in the complaint is aimed at Glock, including the injunction, abatement at Glock's expense, restitution and damages. It does not ask for anything from current owners.
Is a Glock switch legal in Delaware?
No. Delaware law treats a part designed and intended for converting a weapon into a machine gun as a machine gun, and the state release says Glock switches and similar devices are illegal in Delaware. They are also illegal under federal law.
Have other states sued Glock over switches?
Yes. New Jersey and Minnesota both filed suits against Glock on December 12, 2024, and Chicago filed an earlier suit. Delaware's complaint also lists suits by Baltimore and Seattle.
Does the Gen6 Glock solve the switch problem?
Glock has not said so publicly. Its Gen6 announcement does not mention switches, and Delaware's complaint alleges the Gen6 can likely still be converted. The complaint also argues that even an effective redesign would not fix the harm from older pistols already in circulation.
Related Reading
- Maryland convertible pistol ban: sales stop January 1, 2027
- Connecticut Glock ban blocked by federal judge
- Gun groups sue New York over its Glock ban
- California Glock ban survives DOJ’s injunction bid
- Glock 18 explained: why you can’t buy one in 2026
- Glock 17 vs Glock 19: Gen 6, Gen 5 and V compared
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