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What is Glock switch possession penalty
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, who grew up working in his father’s law office in Brooklyn. Our attorneys have over 40 years of combined experience. We’ve handled cases that made national headlines – like representing Anna Delvey in the case that became a Netflix series, defending the juror in the Ghislaine Maxwell misconduct case, and representing clients in the Alec Baldwin stalking matter. If you’re facing Glock switch charges, you already know this is serious – we can help you understand the penalties and what happens next.
This article explains what penalties you face for Glock switch possession, why federal prosecutors treat these cases so aggressively, and what the law actually says about machine gun conversion devices.
The Federal Penalty is Up to 10 Years in Prison
Possessing a Glock switch – that’s what ATF calls a machine gun conversion device – carries a statutory maximum of 10 years in federal prison. That’s under 26 U.S.C. § 5861, the National Firearms Act. The statute also authorizes fines up to $250,000. You get three years of supervised release after prison. Those are the numbers that matter.
But here’s what defendants don’t understand until they’re sitting in federal court – the actual sentence you receive depends on the Federal Sentencing Guidelines, your criminal history, and whether you committed other crimes. ATF and DOJ have been publishing warnings since 2024 because people think it’s just a little piece of plastic or metal. It’s not. Federal law treats the switch itself as a machinegun, even if you never attach it to a gun.
The U.S. Attorney in North Carolina issued a public warning in 2024 after two defendants got sentenced for switches. Eastern District prosecutors in Texas launched “Operation Texas Kill Switch” specifically to go after these devices. When federal prosecutors create task forces with catchy names, that tells you enforcement is a priority.
What Actual Defendants Are Getting Sentenced To
Statutory maximums don’t tell you what judges actually impose. Recent DOJ press releases show the range:
A Peoria man got 50 months – that’s over four years – in March 2025 for possessing a handgun with a Glock switch. A Bloomington defendant received 33 months for the same thing. An Indianapolis man who trafficked switches got 24 months. But an Evansville felon who 3D-printed around 60 conversion devices got 84 months – seven years in federal prison.
Those sentences vary based on criminal history and other conduct. If you’re already a convicted felon, you’re facing felon in possession charges on top of the machinegun charge. If you were selling switches or manufacturing them, prosecutors add trafficking counts. If a switch was connected to drug dealing or violence, you’re looking at stacked charges under 18 U.S.C. § 924(c) – and those carry mandatory minimums that run consecutive to everything else.
One Eastern District of Texas defendant got sentenced for possessing firearms including one with a Glock switch as a convicted felon. The press release doesn’t specify his total sentence, but felon in possession alone carries up to 10 years, and you add the machinegun charge on top of that. Judges can run sentences concurrently or consecutively. That decision alone determines whether you do 5 years or 15 years.
Why ATF Treats a Tiny Switch Like a Full Machine Gun
The National Firearms Act defines “machinegun” to include “any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun.” That language – it’s in 26 U.S.C. § 5845(b) – means the switch by itself is the machinegun under federal law.
You don’t need to install it. You don’t need to own a Glock. Having the switch in your car, your house, or your pocket is possessing an unregistered machinegun. ATF rulings have clarified this for decades, and the Supreme Court’s 2024 decision in Garland v. Cargill – the bump stock case – didn’t change the legal status of auto sears and conversion devices.
Defendants tell their lawyers “I didn’t know it was illegal” or “I thought it was just an accessory.” Federal prosecutors don’t care what you thought. Ignorance of the law isn’t a defense in federal court, it never has been. The only registered machine guns civilians can legally own are those registered before May 19, 1986 – that’s when the registry closed under the Firearm Owners Protection Act. Since Glock switches weren’t invented until decades later, there’s no such thing as a legal Glock switch for regular people.
ATF Has Recovered Over 31,000 Switches in Five Years
Between 2019 and 2023, law enforcement recovered 11,088 auto sears nationwide. That’s an increase of 784 percent during that period. In 2023 alone, ATF recovered 5,816 conversion devices. By early 2024, ATF reported recovering more than 31,000 devices in the last five years. Those numbers explain why U.S. Attorneys launched Project Switch Off and Operation Texas Kill Switch.
The devices come from China, they’re 3D printed, they’re sold on social media. ATF added a specific tracking category for “Machinegun Conversion Device” in 2023 because recoveries exploded. You see them in drug cases, gang cases, trafficking cases. When ATF finds a switch at a crime scene, they trace it – and those traces lead to federal investigations and prosecutions.
In January 2025, six defendants were arrested in a joint federal takedown in Texas for possession and transfer of machineguns. U.S. Attorneys in California released public service announcements warning people that conversion devices are illegal. When the government puts resources into public warnings and specialized operations, that means they’re prosecuting these cases aggressively, they’re not letting people plead down to misdemeanors.
What This Means If You’re Charged
If federal agents or local police found a Glock switch during a search, traffic stop, or arrest – you need a lawyer who understands federal firearms law and the sentencing guidelines. The guidelines calculate your sentence based on offense level and criminal history category. Adjustments apply for acceptance of responsibility, role in the offense, obstruction of justice.
Sometimes the search that found the switch was unconstitutional. Sometimes ATF lacks evidence you knew the device was in the car or house. Sometimes there’s a viable defense that the switch doesn’t meet the statutory definition because it’s non-functional or incomplete. Those are fact-specific defenses that require investigating the case, examining the device, and challenging the government’s evidence.
At Spodek Law Group, we’ve defended clients in federal firearms cases, federal drug cases with gun enhancements, and felon in possession prosecutions. We know how ATF builds these cases – they use trace data, social media evidence, cooperating witnesses, and forensic examination of the devices. Former federal prosecutors on our team understand what U.S. Attorneys prioritize and what judges consider at sentencing.
The worst thing you can do is talk to ATF without a lawyer. Agents will ask how you got the switch, who you bought it from, whether you sold any. Every answer you give becomes evidence and can lead to additional charges or make you a witness against others. If you’re already under investigation or you’ve been arrested, we can help you understand what you’re facing and what options exist.