NATIONALLY RECOGNIZED FEDERAL LAWYERS
How serious is automatic weapon possession
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek – with over 40 years of combined experience defending federal firearms cases. You’ve probably seen our work in the press, like Fox 5, Newsweek, Bloomberg – or maybe you know about the Netflix series on Anna Delvey, one of Todd’s most famous clients. We’ve also handled cases involving Ghislaine Maxwell’s juror misconduct and Alec Baldwin stalking allegations. If you’re reading this article, you’re either curious about federal gun laws or you’re in serious trouble. Automatic weapon possession is one of the most aggressively prosecuted federal firearms offenses – and the consequences in 2025 are worse than most people realize.
Federal prosecutors don’t mess around with machine guns. The ATF treats automatic weapons as a priority threat, the sentencing guidelines just got harsher, and judges hand down real prison time even for people with no criminal history. This article explains what you’re actually facing if you get caught with an unregistered automatic weapon – the laws, the penalties, the recent prosecutions, and why this charge destroys lives faster than almost any other gun crime.
The Federal Law Is Unforgiving
Automatic weapon possession falls under the National Firearms Act – that’s 26 U.S.C. § 5861 and § 5871. The law is simple. You cannot possess a machine gun unless it’s registered in the National Firearms Registration and Transfer Record maintained by ATF. You can’t buy one, you can’t sell one, you can’t transfer one without prior ATF approval. If you violate the NFA, you face up to 10 years in federal prison and fines up to $250,000 for individuals or $500,000 for organizations.
That’s the baseline – and it gets worse from there. If you’re a convicted felon in possession of an automatic weapon, you’re stacking charges. If you used that machine gun during a drug crime or violent crime, mandatory minimums kick in under 18 U.S.C. § 924(c). A second offense involving a machine gun during a violent or drug-related crime carries a mandatory life sentence. Life in federal prison – for a second offense.
The definition of “machine gun” is broader than you think. According to ATF regulations, it’s any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading by a single function of the trigger. That includes conversion devices – those Glock switches people buy online thinking they’re toys. They’re not toys. They’re federal felonies.
ATF Enforcement Has Exploded in 2024-2025
Machine gun conversion devices recovered in crimes increased 784 percent between 2019 and 2023. That’s not a typo – 784 percent. In one three-month operation in San Diego during 2024, agents seized 165 firearms and prosecuted 29 people. Many of those weapons were fully automatic, many involved Glock switches.
When ATF finds an unregistered machine gun, they prosecute. They don’t warn you. They don’t give you a chance to register it after the fact. You get arrested, you get federally indicted, and you go to trial unless you plead guilty.
The new sentencing guidelines taking effect November 1, 2025 make things even worse. The U.S. Sentencing Commission amended § 2K2.1 to specifically address machine gun conversion devices – treating them exactly like actual machine guns for all enhancements. There’s now a two-level sentencing enhancement if you possessed four or more conversion devices or transferred/sold even one. If you possessed 30 or more, that’s a four-level enhancement. Your offense level can hit 29 before any other factors are considered.
Real Cases With Real Prison Sentences
People are going to prison right now for automatic weapon possession – not hypothetically, but in routine prosecutions happening across the country in 2025.
In Washington D.C., Henry was convicted in January 2025 of possessing a machine gun. His Glock had a conversion switch. He got sentenced to 60 months in prison with all but 24 months suspended. That’s two years in federal prison – actual prison time.
A former police officer in Maryland got 30 months in federal prison just for possessing an unregistered fully automatic firearm. Thirty months – for a cop with no prior criminal history. Your background doesn’t matter. Your intent doesn’t matter. Possession is the crime.
In New Mexico, Joe Jasso pleaded guilty in June 2024 to possession of a machine gun conversion device. He’s facing up to 10 years in prison and fines up to $250,000 at sentencing. His wife faces the same penalties. Two people, one household, both facing a decade in federal prison for conversion devices.
Multiple Charges Multiply Your Exposure
Automatic weapon possession rarely comes alone. Federal prosecutors stack charges. If you’re a felon in possession of a machine gun, that’s 18 U.S.C. § 922(g) plus the NFA violations – two separate federal felonies right there. If you used that automatic weapon during a drug trafficking offense or crime of violence, 18 U.S.C. § 924(c) kicks in with mandatory minimums starting at five years and running consecutive to whatever sentence you get for the underlying offense.
Let’s say you sold drugs and had an unregistered machine gun in your car when you got arrested. That’s drug trafficking – let’s call it 60 months. That’s the NFA violation – another 24 to 60 months. That’s 924(c) for possessing a machine gun during a drug crime – mandatory minimum of 30 years because it’s a machine gun, not just a regular firearm. You’re looking at 35+ years in federal prison from one arrest, one car, one unregistered automatic weapon.
The charges stack. The sentences run consecutively – meaning you serve them one after another, not at the same time. People think they’re looking at a gun charge and end up with decades in federal prison.
Why This Matters Now
The laws haven’t changed much since the National Firearms Act passed in 1934 – but enforcement has changed dramatically. Machine gun conversion devices are everywhere, easily purchased online, marketed to young people who have no idea they’re committing federal felonies punishable by ten years in prison. The sentencing enhancements taking effect in November 2025 make things worse – higher offense levels, more prison time, harsher penalties.
If you’re under investigation for automatic weapon possession, if ATF executed a search warrant at your home, if you’ve been arrested – you need a federal criminal defense attorney immediately. You need someone who understands the NFA, the sentencing guidelines, and how to fight these cases in federal court.
At Spodek Law Group, we’ve defended federal firearms cases for decades. We know how prosecutors build these cases – many of our attorneys are former federal prosecutors who worked on gun trafficking investigations. We’ve handled cases that other firms said were unwinnable – and that’s exactly why clients choose us. Our managing partner Todd Spodek is a second-generation criminal defense lawyer who’s been doing this for many, many years, representing clients in some of the highest-profile federal cases in the country.
If you’re facing automatic weapon charges, you cannot afford to wait. The government is already building its case against you. Call us 24/7 – we’re available around the clock, coast to coast. We’ll explain your options, walk you through the process, and fight for the best possible outcome in your case. The consequences are too serious to handle this alone.