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
Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

News  

Monday, February 24, 2025

Court Dismisses “Lawfare” Claims Against Maryland Gun Dealers

“Lawfare” is the misuse of the legal system to damage political or business opponents, either through frivolous lawsuits in which the cost of defending becomes too much to bear or through the pursuit of political ...

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

News  

Monday, February 24, 2025

Tenth Circuit Sidesteps Bruen with Nonviolent Felon Ruling

As NRA-ILA pointed out last week, the U.S. Supreme Court’s landmark ruling in New York State Rifle & Pistol Association v. Bruen (2022) has prompted a long-overdue reappraisal of the federal law as it pertains ...

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

News  

Monday, February 24, 2025

Hogg Roasted Over Using DNC Resources to Raise Funds for His Own Project (and Employer)

A few weeks ago, we noted that anti-gun activist David Hogg wanted to be a Democratic National Committee (DNC) vice chair.  We suggested caution be exercised before the DNC put an impulsive, often ill-informed individual with little ...

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Monday, February 24, 2025

Colorado: Semi-Auto Ban Turned FOID Bill Removed from Hearing Schedule

Today, Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, was removed from the hearing scheduled in the House Judiciary on March 4th.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Wednesday, February 19, 2025

New Jersey: Democrats Kick Gun Control Hornets’ Nest and This Time They May Get Stung

Anti-gun Democrats in Trenton have wasted no time getting back to politics, again ignoring real issues faced by the citizens of New Jersey.  The Assembly Judiciary Committee has posted several gun control bills for a ...

Defending the Indefensible: Court Strikes Illinois FOID Card Law

News  

Tuesday, February 18, 2025

Defending the Indefensible: Court Strikes Illinois FOID Card Law

Lawmakers in Illinois have a long track record of irrational gun bans and restrictions based on the idea that public safety is best served by disarming criminals and law-abiding citizens alike, even if that means ...

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

Tuesday, February 18, 2025

Colorado: Semi-Auto Ban Turned Permit-to-Purchase Passes Senate

On Tuesday, February 18th, the Senate passed the amended Senate Bill 25-003, the near all-encompassing semi-automatic ban turned permit-to-purchase scheme, by a vote of 19-15 with bipartisan opposition.

Virginia: General Assembly Adjourns Sine Die with More Anti-Gun Bills Advancing to Youngkin’s Desk

Saturday, February 22, 2025

Virginia: General Assembly Adjourns Sine Die with More Anti-Gun Bills Advancing to Youngkin’s Desk

On Saturday, the Virginia General Assembly adjourned sine die with several dozen anti-gun measures headed to Governor Youngkin for his consideration.

Washington: Hearings Scheduled for Permit-To-Purchase Bill

Saturday, February 22, 2025

Washington: Hearings Scheduled for Permit-To-Purchase Bill

On Monday, February 24th, the House Committee on Appropriations will hold a hearing on House Bill 1163, and is scheduled for an executive session later in the week.

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.