A small plastic device can turn a routine traffic stop into a serious federal weapons case. A Glock switch may look like a firearm accessory, but federal law places these conversion devices in the same legal category as machine guns. Possessing a machine gun conversion device can carry significant federal penalties. The potential sentence depends on the specific charge, the person’s criminal history and whether other offenses are alleged.
Why does a Glock switch count as a machine gun?
A Glock switch, also called an auto sear, enables a semiautomatic firearm to fire automatically. That function is what brings the device under federal machine gun restrictions.
The ATF identifies Glock switches and drop-in auto sears as machine gun conversion devices. Under federal law, these devices are considered machine guns themselves. As a result, the legal issue does not depend on whether the switch was attached to a firearm or whether the firearm was actually fired.
How can a traffic stop become a federal case?
State and local officers may be the first to discover a Glock switch during a traffic stop or other investigation. Federal authorities can then open a separate investigation because possession of the device may independently violate federal firearms law.
That does not mean every person accused of possessing a switch is automatically guilty. Prosecutors still must establish the elements of the alleged offense. The circumstances surrounding the discovery, possession and control of the device can become important to the case.
What if drugs are found, too?
A drug discovery at the same time can trigger a separate Arkansas state charge. Arkansas law separately prohibits possessing a firearm during the commission of a qualifying felony drug offense. A violation of the simultaneous-possession law is a Class Y felony.
The additional charge does not arise simply because drugs and a firearm happen to be near each other. The specific drug offense, the weapon involved and the circumstances of possession all matter.
What should happen after an arrest?
A person accused of possessing a Glock switch should avoid trying to explain the circumstances to investigators without first getting legal advice. A defense attorney can review how police discovered the device – including whether the stop or search that led to its discovery was legally justified – and examine what evidence connects it to the accused person. In federal firearms cases, those facts can affect whether and how charges are pursued.
A Glock switch can create consequences far beyond those associated with ordinary firearm possession. Knowing the specific charges and evidence early can be important to deciding what happens next.