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How serious are auto sear charges
|Thanks for visiting Spodek Law Group – a second generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal cases that prosecutors consider slam dunks. We’ve represented clients in cases that made national headlines, like Anna Delvey who got a Netflix series, the Ghislaine Maxwell juror misconduct case, and many others. If you’re reading this, you probably know someone facing auto sear charges or you’re trying to understand just how bad this situation is.
Auto sear charges are among the most serious federal weapons offenses you can face. These aren’t “gun charges” in the typical sense – federal prosecutors and ATF treat auto sears exactly like machine guns under the National Firearms Act. That means you’re looking at up to 10 years in federal prison for possession alone, and people are actually getting sentenced to those kinds of numbers. In 2024 and 2025, federal judges have handed down sentences ranging from 2 years to over 14 years for auto sear cases, depending on whether you possessed one or trafficked dozens of them.
The reason these charges carry such weight is simple – an auto sear or “Glock switch” converts a semi-automatic pistol into a fully automatic weapon in less than 60 seconds. ATF has recovered more than 31,000 of these devices in the last five years alone. Federal law enforcement considers this an epidemic, and they’re prosecuting these cases aggressively.
The Device Itself Is Legally a Machine Gun
You don’t need to have it installed on a firearm. Possessing the auto sear – just the little piece of metal or plastic – violates 26 U.S.C. Section 5861, which prohibits possession of unregistered machine guns.
ATF’s position is clear. Any device “designed and intended for use in converting a weapon into a machine gun” meets the legal definition of a machine gun. Doesn’t matter if it’s a drop-in auto sear or a Glock switch. Doesn’t matter if you 3D-printed it or bought it online.
The National Firearms Act has regulated machine guns since 1934, and the Gun Control Act of 1968 made it illegal to possess machine guns manufactured after May 19, 1986. Auto sears fall squarely within those prohibitions.
What Sentences Are People Actually Getting
In September 2025, a Texas man got 24 months in federal prison for unlawful possession of a machine gun conversion device. Two years for possession – that’s on the lower end with a guilty plea and cooperation.
Micah Moore out of Indiana got sentenced to 7 years and 6 months after police recovered two Glock switches and three auto-sears. Moore was manufacturing and selling the devices using a 3D printer. Seven and a half years – that’s what trafficking gets you.
A man in Mississippi got 14 years for 3D-printing numerous auto sears. That’s what large-scale manufacturing faces when federal prosecutors stack charges.
In North Carolina, Tyrese Jerry Dawson received 162 months – that’s 13.5 years – for possessing machine gun conversion devices combined with drug trafficking charges. When auto sear charges combine with drug offenses, sentences get exponentially worse.
A Memphis man who owned 25 conversion devices without selling them got 5 years in April 2024. Twenty-five switches, no trafficking, still five years.
Why Federal Prosecution Is So Aggressive Right Now
Federal law enforcement has made machine gun conversion devices a top priority. In the last five years, ATF recovered more than 31,000 conversion devices. Between 2017 and 2021 alone, ATF saw a 570% increase in recoveries.
The U.S. Sentencing Commission held a data briefing on machine gun conversion devices in 2025 to inform proposed amendments to federal sentencing guidelines. When the Sentencing Commission studies a specific type of crime, harsher penalties are coming.
DOJ and ATF released new training in 2024 focused on detecting machine gun conversion devices. They’ve warned that possession carries up to 10 years in prison and a $250,000 fine.
The AutoKeyCard case in Florida resulted in federal convictions for two men sentenced to approximately 5 years each. That case involved at least 6,600 individual “lightning links” – auto sears marketed as novelty items. Federal prosecutors didn’t buy the novelty defense, and neither did the jury.
What You Face in Federal Court
The conviction rate in federal court hovers around 90%. Most federal cases end in guilty pleas because the evidence is overwhelming. ATF doesn’t bring charges unless they’ve got you cold – photos of the devices, recorded sales, search warrants.
Federal sentencing uses the Federal Sentencing Guidelines based on your offense level and criminal history. Possession of an unregistered machine gun under 26 U.S.C. 5861 typically starts at a base offense level that can put you in the 2-to-5-year range even with no prior record. If you manufactured or trafficked multiple devices, your offense level climbs quickly.
The number of devices matters enormously. One auto sear for personal possession is treated very differently from 25 switches or 6,600 lightning links. Prosecutors charge trafficking and conspiracy when they can prove you sold or manufactured devices for distribution.
Cooperation doesn’t always save you. A mother-and-son team in New Mexico got 33 months and 30 months respectively in July 2025 for manufacturing and selling machine gun conversion devices. Almost three years each even after cooperating.
Having other charges stacked on top makes everything worse. If you’re a convicted felon, you’re facing felon-in-possession charges on top of the machine gun charge. If drugs are involved, sentences can exceed 10 years easily.
Defenses Are Limited
The most common defense is lack of knowledge – you didn’t know the device was an auto sear or that it was illegal. This defense rarely succeeds, especially if you bought it online from a seller marketing it as a “Glock switch” or if you manufactured it yourself using 3D-printer files.
Another defense is challenging the search that led to the discovery of the device. If ATF or local police violated your Fourth Amendment rights, the evidence might be suppressed. Federal judges are generally skeptical unless the violation is clear.
Most auto sear cases are fought at sentencing, not at trial. Your attorney’s job is to get the lowest possible sentence within the guidelines range or argue for a downward variance – presenting mitigating factors like minimal criminal history, acceptance of responsibility, cooperation with the government.
Why You Need Experienced Federal Defense Counsel
At Spodek Law Group, we’ve handled federal firearms cases across the country. We understand how ATF builds these cases – the undercover operations, the confidential informants, the search warrants. Todd Spodek is a second-generation criminal defense attorney with many, many years of experience in federal court. We’ve been involved in cases that others called unwinnable, from the Anna Delvey trial that became a Netflix series to the Ghislaine Maxwell juror misconduct case.
When you’re facing auto sear charges, time matters. Every conversation you have with law enforcement without an attorney can hurt you. If ATF or federal agents have contacted you, searched your property, or arrested you, you need experienced federal defense counsel immediately.
We’ve negotiated cooperation agreements that led to substantial sentence reductions. We’ve filed motions that got evidence suppressed. We’ve argued for downward variances that judges granted. Unlike other law firms who are more concerned with maintaining relationships with prosecutors, our loyalty is to you. We’re available 24/7 – the consequences are too serious to wait.