The 438, a black 638, may not be available currently - it's info currently states 'Archive' on the S&W site. The regular 638, SKU #163070 & MSRP $449, won't go away.
I have many IL-equipped S&Ws - and have never had a problem with the IL. Little wonder, as after ten plus years of producing IL-equipped revolvers, S&W has yet to spend the first dime defending it's inclusion in court. In this litigious society, where making hot coffee can cost you a fortune, that says something.
My IL-equipped 642-2, bought 2/07, is always loaded and never locked up. It's in my pocket or, in the middle of the night, in the nightstand. I EDC it 24/7 - in church, at the grocers, or cutting the grass... or when the grandkids visit and the other loaded firearms are locked away. Aperiodically, at the range, I present it from my pocket and rapidly discharge it, reload it, and discharge it again - always shocked at it's accuracy - stock springs and grip - with Remington R38S12 +P 158gr LHPSWCs - never a problem. Well, I have shot up my carry ammo and had to load it with plinkers to make the trek home - to clean it and reload it properly. To me, the unsightly IL is not a paranoia producer - but YMMV, to each their own, etc.
Stainz