NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to jail for conversion device
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal firearms cases. You’re reading this because you or someone you care about is facing a conversion device charge. We’ve represented clients in some of the most complex federal cases – from Anna Delvey’s fraud trial that became a Netflix series to the Ghislaine Maxwell juror misconduct case – and we know how federal prosecutors approach these charges.
Yes, you can absolutely go to prison for a conversion device. Federal law doesn’t care whether the device is installed on a firearm or sitting in your drawer – under 18 USC 922(o), the device itself is a machine gun. That means up to 10 years in federal prison and fines reaching $250,000. What matters now is understanding how prosecutors build these cases and what actually determines whether you’re looking at 33 months or 9 years behind bars.
The Law Treats a Piece of Metal Like a Machine Gun
Federal prosecutors don’t need to prove you installed the conversion device on a Glock or any other firearm. Possession of the device alone – what ATF calls a “Glock switch” or auto sear – violates 18 USC 922(o). A tiny piece of metal or plastic, even if 3D-printed in your basement, gets treated exactly like a fully automatic weapon under the National Firearms Act.
There’s no mandatory minimum sentence for simple possession of a conversion device, which surprises most defendants. The judge has discretion within the 0-10 year range. But don’t mistake discretion for leniency – federal judges in 2025 are handing down serious time for these cases, especially with ATF recovering over 31,000 conversion devices between 2018 and 2023, a 784% increase in traced devices from 2019 to 2023.
Real Sentences From 2025 Tell You What to Expect
A Bloomington man got 33 months for possessing a single Glock switch in February 2025. Compare that to Gentile Kahungu in Iowa – 108 months, nine full years in federal prison, sentenced in July 2025 for possessing multiple conversion devices on more than one occasion. A Lawton, Oklahoma defendant received 70 months in August 2025.
The range is massive – 33 months to 108 months – and criminal history drives most of that difference. Kahungu had multiple devices and multiple occasions of possession. A first-time offender caught with one device faces far less time than someone with a criminal record possessing five switches and trafficking them across state lines.
Trafficking adds years. A Twin Falls man got seven years for providing Glock switches to someone with cartel connections. An Indianapolis defendant who trafficked seven firearms with switches received only 24 months, likely due to cooperation. The government wants the suppliers – if you’re just a buyer, you’ve got more room to negotiate.
Why These Cases Became a Federal Priority
Chicago police recovered 604 conversion devices in 2024 alone, up from just 81 in 2020. The Justice Department launched a task force to combat the spread of these devices because they’re showing up at crime scenes nationwide. Federal prosecutors now view conversion device cases the same way they view trafficking cases – worth the resources, worth the prison time.
ATF’s Crime Gun Intelligence Center recovered 64 conversion devices in a single 2025 Chicago initiative that arrested 41 people. When ATF gets involved, you’re facing the U.S. Sentencing Guidelines and prosecutors with conviction rates above 90%. The U.S. Sentencing Commission proposed amendments in 2025 specifically targeting conversion devices – a defendant with three felony convictions caught with a gun and attached switch could face 121-151 months under proposed changes, versus 92-115 months under current guidelines.
What Actually Determines Your Sentence
Criminal history is everything in federal court. The sentencing table combines your offense level with your criminal history category – someone in Category I gets a completely different range than Category IV or V defendants with multiple felonies. A first-time defendant might argue for probation. Someone with three prior felonies is looking at the upper end of the guideline range, possibly a variance above it.
Prosecutors distinguish between simple possession and trafficking through volume, packaging, communications, and financial records. One device in your home might be personal – ten devices with Venmo transactions and Instagram messages about sales, that’s trafficking. Whether other crimes are involved changes everything. A conversion device found during a drug bust adds a 924(c) charge – that’s a mandatory minimum of 5 years, consecutive to whatever the drug sentence is. Federal prosecutors stack charges strategically, then offer package deals where you plead to one count and others get dismissed.
Your cooperation matters if you’re willing to provide substantial assistance under a 5K1.1 motion. Federal prosecutors want the manufacturers, the importers, the online sellers distributing hundreds of devices. If you can lead them to a supplier, you’ve got leverage. Cooperation can cut your sentence by 40-50%, but it means testifying, wearing a wire, making controlled buys – not just a proffer session.
Defense Strategies That Actually Work in These Cases
Challenge the search first. How did agents find the device – lawful search incident to arrest, valid warrant, or consent you actually gave voluntarily? Federal firearms cases often start with car stops or “consent” searches where defendants didn’t understand they could refuse. Suppression of evidence wins cases before trial starts.
Question whether the device actually converts a firearm to automatic fire. ATF has to prove the device meets the legal definition – some devices marketed as auto sears don’t actually function, others require modification to work. If it doesn’t function as designed, it’s not a machine gun under federal law.
Negotiate from strength if the government’s case has weaknesses. Maybe the device was found in a shared space – who actually possessed it? Constructive possession requires the government to prove you knew the device was there and exercised control over it. That’s harder when three roommates share a closet.
Look for departure and variance arguments at sentencing. The guidelines are advisory after United States v. Booker – judges can vary downward if circumstances justify it. A young defendant, first offense, minimal criminal sophistication, strong family support – these factors support a below-guideline sentence even when the guidelines recommend years in prison.
What You Need to Do Right Now
Don’t talk to investigators without an attorney – not to “clear things up,” not to “tell your side.” Federal agents are building a case, and your statements become evidence at trial. Exercise your right to remain silent, then call an attorney who handles federal firearms cases regularly.
At Spodek Law Group, we’ve been defending federal firearms charges for over 40 years – we know the prosecutors, we understand ATF’s investigation methods, and we’ve seen how these cases get built from initial seizure to sentencing. We represented clients in cases others called unwinnable, like Anna Delvey’s fraud trial that captivated national media.
Time matters in federal cases. Evidence gets preserved, witnesses get interviewed, cooperation opportunities close. The earlier we get involved, the more options you have. We’re available 24/7. If you’re facing a conversion device charge, you need a defense team that understands both the law and the science behind these prosecutions.