Cook County cracks down on switches, illegal gun modifications in new policy

Cook County State's Attorney Eileen O'Neill Burke announced a new policy Thursday that will crack down on "switches" and other illegal gun modifications.

As she nears the end of her second month on the job, Burke is laying down the law. The announcement means charges will not be reduced for certain firearm-related offenses on her watch.

The move comes as officials are seeing an alarming increase in handguns being modified into machine guns.

The backstory:

Burke’s new policy directs prosecutors to seek prison sentences for offenders caught using machine guns, machine gun conversion devices (MCDs), extended magazines, drum magazines, automatic switches, ghost guns, or defaced firearms while committing any felony offense—regardless of the class of the felony.

"What they are capable of doing is firing off 30 rounds in one second," Burke said. "That’s why we are seeing people that have nothing to do with the dispute getting swept up in gunfire. We’re seeing people shot in their homes because these bullets are just being sprayed everywhere."

Under the new policy, assistant state's attorneys will be prohibited from reducing charges or accepting plea deals for lesser charges when sufficient evidence proves the use of a modified firearm.

Exceptions will require supervisory approval.

As Cook County’s top prosecutor zeroes in on gun switches, Trump’s border czar Tom Homan says ICE has already arrested Tren de Aragua Venezuelan gang members with the illegal accessories in Chicago.

"I can tell you we arrested more than nine TDA members, a couple of them are being criminally prosecuted because one of them was selling weapons," Homan said. "Here's an illegal alien gang member in the United States selling guns, illegal guns to other gang members. And some of these guns have what they call a switch. The switch is added to the gun to make them fully automatic."

By the numbers:

According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), machine-gun conversion device (MCD) recoveries in Chicago have skyrocketed, with 604 seized in 2024—a 15-fold increase since 2019. 

Nearly half of these weapons have been linked to shootings.

"People put up with taxes, they will put up with fines, people put up with a lot—but they will not put up with being afraid," Burke said during a speaking engagement at the Union League Club on Thursday. "Our position is, you’re carrying a weapon of war that can fire off 30 rounds in one second, you’re a danger to the public."

What they're saying:

CPD Supt. Larry Snelling voiced his support for the new policy.

"The proliferation of illegally modified firearms has created too much trauma in our city for far too long," Snelling said. "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." 

Burke said the policy will bring stiffer punishments for violators.

"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.

Dig deeper:

When Burke took office in December, she enacted sweeping changes to the Cook County SAO’s Detention Policy.

Under her direction, prosecutors will seek 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.

The Source: The information in this report came from the Cook County State's Attorney's Office.

Cook CountyCrime and Public SafetyNews