It often seems like we pick on the Sig P320 a lot around here, with the drop safe test that revealed a fatal flaw, the Pentagon report that showed that Sig Sauer knew about it before Andrew’s testing, and now we have to report on a third potential flaw. I really like the P320. It solves a lot of the problems I have with Glocks and the different variations, and customizable nature is a dream for a handgun owner. However, we report on the truth, regardless of bias, or lack thereof. The newest charge to hit Sig comes in the form of a lawsuit filed against Sig Sauer.

The suit alleges that the Sig P320 can fire out of battery. Shooting out of battery means the gun can fire before the slide is fully forward. The result of an out of battery discharge can range from a pant staining moment to serious harm. An out of battery discharge is when the round fires before the slide is entirely into battery. There is nothing to hold that microexplosion in place. The cartridge isn't fully supported, and the gas and even pieces of brass can shoot out the ejection port and injure the shooter.

Let’s be clear here; this is only an allegation in a lawsuit. While undoubtedly there must be evidence presented with the suit for it to succeed, we just haven't seen it. The crux of the lawsuit seems to be the claim that the Sig P320 does not have a disconnect safety, and if it did the gun would not fire out of battery. According to the Sig Sauer’s website, the gun certainly has a disconnect safety.

However, some outlets are reporting the Sig P320 voluntary upgrade package included the disconnect safety, as well as subsequent P320 models. Would older models be missing the disconnect safety?

The suit is being filed by two men, one seeking reimbursement for the pistol he purchased. He claims that he would not have bought the gun if he knew about the defect. The second man claims his weapon has fired out of battery twice and has been damaged. They are seeking class-action status.

Sig Sauer requested and was granted an extension to examine the Plaintiff’s claims and prepare a response. I’m no lawyer, but if I was Sig I’d want to see the gun that fired out of battery twice. Examine it for any kitchen counter gunsmithing, as well as know the ammunition used in the firearm.

This is indeed a story worth keeping an eye on. At this point, anything with the P320 could be possible.