A Gun Deemed Too Dangerous for Cops, But Fine for Civilians

A handgun used by law enforcement agencies nationwide—including the Milwaukee Police Department—has been linked to numerous unintentional discharges, leading some departments to remove it from service while others resell it to civilians, a joint investigation by The Trace and Reveal from The Center for Investigative Reporting has found.

The SIG Sauer P320, a popular striker-fired pistol adopted by more than 1,000 law enforcement agencies, has been the subject of at least 120 lawsuits alleging that it fired without a trigger pull. These incidents have resulted in at least 110 injuries and one death, according to police records and court filings.

In September 2022, Milwaukee officers responding to a report of an abandoned vehicle encountered a malfunction when an officer’s holstered P320 discharged, wounding his partner. The incident marked at least the third alleged unintentional discharge involving a Milwaukee officer’s P320 in three years. Following the shooting, the department moved to replace its P320s with a different model. Milwaukee Mayor Cavalier Johnson emphasized public safety in the decision to phase out the weapon.

“Unexplained discharges have injured people,” Johnson said at a news conference in October 2022. “That’s completely unacceptable to me.”

To offset the cost of the new firearms, the department planned to resell its P320s to a licensed dealer. Milwaukee’s move reflects a broader trend. A nationwide survey by The Trace found that more than 20 law enforcement agencies, including those in Oklahoma City, Denver, and Chicago, have banned the P320 due to safety concerns. Twelve agencies resold their P320s back into the commercial market, resulting in at least 4,000 firearms being reintroduced to civilian ownership.

While law enforcement agencies generally resell used firearms for budgetary reasons, the practice has drawn criticism from experts. Ed Obayashi, a California deputy sheriff and police ethics specialist, argued that departments should not resell a weapon they consider defective. “There are situations in law enforcement where you’re going to have to do the right thing, even if it’s going to cost you financially,” he said.

SIG Sauer, the manufacturer, disputes claims of a defect, stating that unintentional discharges can occur with any firearm. The company directed inquiries to p320truth.com, a website it created addressing concerns about the P320. In 2022, a jury found in favor of SIG Sauer in one lawsuit, but more recent verdicts have awarded plaintiffs over $13 million in damages. In November, the Fraternal Order of Police sent a letter to the company requesting details on steps taken to address ongoing safety concerns.

Washington State took action in February, banning the P320 from its mandatory police training facilities due to numerous allegations of unintentional discharges. The Kitsap County Sheriff’s Office in Washington resold more than 200 P320s to a dealer, citing financial considerations. “It seemed like the fiscally responsible thing to do,” said Undersheriff Russ Clithero.

Law enforcement agencies have resold at least 52,000 police firearms since 2006, many later recovered in criminal investigations, according to an investigation by The Trace, CBS News, and Reveal. While some resold guns were lost or stolen, others entered the market through official trade-ins.

In Bridge City, Texas, a police officer claimed she was shot in the groin by a holstered P320 inside her purse, narrowly avoiding serious injury. The department resold its P320s after the incident. Assistant Police Chief R.D. Bergeron stated the department kept the involved firearm to prevent further use.

The Milwaukee case remains one of the most widely documented examples of the risks associated with the P320. Jonathan Jacobs, director of the Institute for Criminal Justice Ethics at John Jay College, questioned the ethics of returning a problematic weapon to the public. “If the primary function of law enforcement is to protect and serve, one would think that returning a problematic weapon to the public is not particularly consistent with that mission,” he said.

The Milwaukee Police Department did not respond to requests for comment beyond its previously stated position that the trade-in was a cost-saving measure.