Explore The NRA Universe Of Websites

APPEARS IN News

Auto-Switch Crimes Show Futility of Gun Control

Monday, October 23, 2023

Auto-Switch Crimes Show Futility of Gun Control

In recent years there have been several articles complaining about the proliferation of auto or Glock switches (auto sears). These items are used by criminals to illegally modify commonly-owned semiautomatic handguns into machineguns. Those concerned about these items should focus on enforcement of existing federal law.

Reasonable people can question the wisdom of banning the mere possession of inanimate objects, rather than focusing on their intentional misuse. However, no one can deny that the federal government currently has the statutes necessary to confront possession and use of these items.

Federal law, 26 USC § 5845(b), defines a “machinegun” as follows:

any weapon which 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. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Note the language in bold. Firearms that shoot automatically meet the definition of a machinegun. However, even a mere part “designed and intended solely and exclusively… for use in converting a weapon into a machinegun” is itself a machinegun absent any other part of the firearm. Therefore, possession of an auto switch, even without an accompanying receiver, barrel, etc., is the possession of a machinegun.

18 USC 922(o) makes clear, “it shall be unlawful for any person to transfer or possess a machinegun” unless it is done through the National Firearm Registration and Transfer Record. Registration of new machineguns for civilian use was frozen in 1986. Therefore, none of the auto switches at issue comply with this mandate. They are all illegal.

Those found in mere possession of an auto switch face up to 10 years imprisonment. (18 USC § 924(a)(2), 26 USC § 5871)

Violent criminals who possess or use an auto switch during the commission of a crime face truly staggering penalties.

18 USC § 924(c) provides,

(c)(1)(A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime—

(B) If the firearm possessed by a person convicted of a violation of this subsection—

(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.

(C) In the case of a violation of this subsection that occurs after a prior conviction under this subsection has become final, the person shall—

(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.

To put these severe sentences in context, a 2016 report from NYU’s Brennan Center for Justice found that the average prison stay for murder was only 11.7 years.

Given the potential sentences, if the federal government were to vigorously prosecute those found misusing auto switches, anyone with half a brain would treat these items as the equivalent of nuclear waste. Criminals without half a brain would have ample time to improve their cognitive abilities in the federal penitentiary.

However, there’s reason to believe that the feds aren’t doing all they could on the prosecution front. NRA-ILA has often pointed out the government’s lackluster prosecution figures.

An October 18 piece from the Minneapolis Star Tribune lamenting auto switches discussed a 2022 case involving alleged gang member twin brothers found in possession of illegal machineguns. Initially the state of Minnesota only gave the brothers probation. A press release from the U.S. Attorney’s Office for the District of Minnesota explained,

According to court documents, in January of 2022, the brothers were both charged in Hennepin County District Court for possession of machineguns after they were caught in possession of firearms that had each been modified with auto sears. An auto sear, also known as a switch, is a device used to convert a semi-automatic firearm into a fully automatic firearm and is considered a machinegun under federal law. In May, both [brother 1] and [brother 2] pleaded guilty to their Hennepin County charges and were released on terms of probation.

It was only after the brothers were subsequently found in possession of firearms and ammunition that the twins were federally prosecuted as felons in possession. They were then sentenced to 30 months (2.5 years) in prison. Possession of a firearm or ammunition by a felon is punishable by up to 10 years imprisonment.

There’s plenty to be done using existing law before law-abiding gun owners should countenance any further restrictions on their rights.

TRENDING NOW
FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

News  

Monday, August 24, 2026

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

For years, NRA-ILA has closely followed and reported on the legal and regulatory saga surrounding the Biden-Harris administration’s so-called “Frame or Receiver” rule. 

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

News  

Monday, August 24, 2026

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

On August 20, the U.S. Department of Justice (DOJ) published a final rule in the Federal Register that establishes application standards for those seeking relief from federal firearm disabilities under the Gun Control Act of ...

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

Wednesday, August 26, 2026

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

This week, three anti-gun bills received final passage from the legislature and will now be transmitted to the Governor's desk for his consideration. The most egregious among these measures is Senate Bill 948, which imposes ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.