Federal Machine Gun Charges – Automatic Weapons

Federal Machine Gun Charges – Automatic Weapons

A $20 piece of metal that takes seconds to install carries the same federal penalty as possessing an actual military M16. Ten years in federal prison. The device doesn’t have to be attached to anything. It doesn’t have to be functional. That little piece of machined steel or 3D-printed plastic sitting in your drawer – by itself, not installed on any firearm – is legally a “machine gun” under federal law. Possessing it is an instant federal felony.

Welcome to Spodek Law Group. We created this page because machine gun prosecutions have exploded, and almost none of them involve the expensive, legal, pre-1986 machine guns you might imagine. They involve conversion devices. Glock switches. Auto sears. Cheap parts ordered online or printed at home that turn semiautomatic pistols into fully automatic weapons. ATF recovered 5,454 of these devices from 2017 to 2021 – a 570% increase from the five years before. This is the new federal firearms crisis.

The question most people have is “how can a single part be a machine gun?” Because that’s how federal law defines it. Any part designed to convert a firearm into an automatic weapon IS a machine gun under the National Firearms Act. The part alone. Not installed. Not functional. Just possession creates 10-year federal exposure. If that part was involved in a drug deal or violent crime, you’re looking at 30 years mandatory minimum.

What Federal Law Considers a “Machine Gun”

The legal definition is broader than most people expect. Under federal law, a machine gun includes any weapon that fires more than one round with a single pull of the trigger. But it also includes any part or combination of parts designed to convert a weapon into a machine gun.

This is critical. The PART is the machine gun.

A Glock switch – a small device that modifies the firing mechanism to enable fully automatic fire – is legally a machine gun whether or not its installed on a Glock. An auto sear – a component that converts AR-15 rifles to fire automatically – is a machine gun whether or not its in a rifle. A lightning link is a machine gun. A 3D-printed conversion device is a machine gun.

The irony is perfect. You can have a Glock switch sitting in a box, never attached to anything, never fired, and you’ve committed the same federal offense as possessing an actual Thompson submachine gun. Ten years maximum imprisonment. $250,000 maximum fine. Permanent loss of all firearms rights.

Todd Spodek has seen federal agents execute search warrants and find conversion devices defendants didnt even realize were illegal. They ordered them online. They printed them as curiosities. They thought having the part without installing it was somehow different. It isnt. Possession alone is the crime.

The Hughes Amendment – Why Legal Machine Guns Cost $30,000

Heres the historical context most people dont know. Machine guns WERE legal for civilian ownership without significant restriction until 1986. The National Firearms Act of 1934 required registration and a $200 tax stamp, but any civilian who passed the background check could buy one.

That changed on May 19, 1986.

The Firearm Owners Protection Act included what became known as the Hughes Amendment – a last-minute addition by Representative William Hughes of New Jersey. The amendment banned civilian transfer of any machine gun manufactured after that date. Machine guns made and registered BEFORE May 19, 1986 could still be legally transferred between civilians. Machine guns made AFTER were restricted to law enforcement, military, and licensed dealers.

Think about what that created. A fixed, shrinking supply of legal civilian machine guns. No new ones can enter the market. Demand exceeds supply. Prices climb every year.

The same AR-15 that cost maybe $600 when it was converted to automatic and registered before 1986 now sells for $14,000 to $30,000 or more. Tommy guns. M16s. Original military weapons. The price isnt the $200 tax stamp. The price is what the market demands for access to a closed registry.

You can still legally own a machine gun in the United States – but only if it was manufactured before you were probly born, costs more then most cars, and you wait 9-12 months for ATF approval. Thats the legal path. The illegal path is a $20 Glock switch from overseas that arrives in a week.

The Glock Switch Crisis

The Hughes Amendment was supposed to reduce machine gun violence. In some ways it succeeded – legal machine guns have been used in almost zero crimes since 1986. The owners are collectors, investors, enthusiasts who paid tens of thousands and waited a year for paperwork. Theyre not the problem.

The problem is that the ban created a market for workarounds.

Glock switches emerged as the illegal alternative. Small devices that slip onto the slide of a Glock pistol, they modify the firing mechanism to make the gun fully automatic. They cost almost nothing. They ship from overseas. They can be 3D printed at home.

The numbers tell the story. From 2012 to 2016, ATF recovered 814 machine gun conversion devices nationwide. From 2017 to 2021, they recovered 5,454. Thats a 570% increase in five years.

Chicago police recovered nearly 1,200 Glock pistols with auto sears in just two years. These arnt registered collectors weapons. There street guns. Gang guns. Weapons used in shootings, robberies, and murders. The inventor of the Glock switch technology told ABC News he “feels terrified” about what he created.

In June 2024, federal prosecutors launched “Operation Texas Kill Switch” – a statewide initiative specifically targeting machine gun conversion devices. The message is clear. Federal law enforcement is prioritizing these prosecutions. If you possess a conversion device, your at the top of the enforcement list.

The 3D Printing Factor

Heres a hidden connection most people miss. The explosion in conversion device seizures correlates directly with the accessibility of 3D printing technology.

Before 3D printers became household items, Glock switches had to be machined from metal. That required equipment, expertise, and access to manufacturing facilities. The barrier to entry was significant. Not anymore.

Now anyone with a $200 3D printer can download files and produce conversion devices at home. The devices might not be as durable as machined metal, but they work. And they work well enough for the criminal purposes theyre used for.

This changes everything about enforcement. ATF cant intercept a package that was never shipped. They cant trace a device that was manufactured in someones garage. The supply chain that used to run through overseas manufacturers now runs through basement printers.

And the legal exposure is identical. A 3D-printed Glock switch is just as illegal as a machined one. A conversion device you printed yourself carries the same 10-year federal penalty as one you bought from a trafficker. The only difference is that printing your own might also trigger manufacturing charges on top of possession.

Spodek Law Group has seen cases were defendants printed devices thinking they were “just experiments” or “curiosities.” They didnt intend to use them. They just wanted to see if it worked. Federal prosecutors dont care about your intentions. Manufacturing a machine gun – even one you planned to immediately destroy – is a federal felony.

The irony deepens. The Hughes Amendment closed the registry to prevent proliferation. Instead, it drove innovation toward unregistered, untraceable manufacturing. The devices are more accessible then ever. There just illegal.

Why Federal Instead of State

Heres something defendants often dont understand until its to late. Machine gun charges almost always get picked up by federal prosecutors. Why?

State penalties for machine gun possession vary wildly. Some states have harsh laws. Others have minimal restrictions on firearms. If you get caught with a conversion device in a state with weak gun laws, the local prosecutor might not care much.

Federal prosecutors always care.

Federal law provides uniform penalties nationwide. Ten years for possession. Thirty years if connected to violence or drug trafficking. Life for repeat offenders. These penalties apply regardless of what state your in.

When local law enforcement finds a conversion device, they often refer the case to federal authorities. The ATF gets involved. The U.S. Attorneys Office takes over. What might have been a misdemeanor under state law becomes a federal felony with years of exposure.

This referral process happens constantly. A traffic stop in Texas. A search warrant in Florida. A domestic violence call in California. If a conversion device turns up, federal charges often follow.

And federal court is different then state court. The conviction rates are higher. The sentences are longer. The judges have less discretion. If your case ends up in federal court, your facing a very different legal reality then you would in state court.

Todd Spodek tells clients that federal referral is often the most dangerous moment in a machine gun case. Once the feds pick up the case, everything escalates. Your not dealing with local prosecutors anymore. Your dealing with the full resources of the federal government.

Penalties That End Lives

The baseline penalty for machine gun possession under 18 U.S.C. § 922(o) is up to 10 years in federal prison and fines up to $250,000. Thats if you simply possessed the device. No other crime. Just having it.

But heres were sentences escalate dramatically. If the machine gun was used “during and in relation to” a crime of violence or drug trafficking crime, the penalty jumps to 30 years mandatory minimum under 18 U.S.C. § 924(c).

Read that again. 30 years mandatory minimum. Not maximum. Minimum. The judge has no discretion to go lower.

And if theres a second conviction involving a machine gun during a violent or drug crime? Mandatory life imprisonment.

These arnt theoretical penalties. Jaquan Bridges of Memphis was pulled over by a Shelby County deputy in 2022. He fired shots at the deputy’s vehicle with a machine gun-equipped pistol and fled. He was convicted of machine gun possession. His sentence: 108 months – 9 years in federal prison. The Sixth Circuit Court of Appeals affirmed it.

The math is terrifying. A $20 device. Nine years of your life. And Bridges’s sentence was relatively light compared to what happens when conversion devices are found during drug trafficking investigations.

How These Cases Get Built

Most federal machine gun cases start in one of three ways.

First, package interception. Glock switches and auto sears ordered from overseas often get seized by customs. ATF traces the shipping address. They investigate. They execute a search warrant. They find the device – or evidence you received one. Federal charges follow.

Second, traffic stops and searches. Defendant gets pulled over for a traffic violation. Officer sees something suspicious. Search reveals a modified firearm or conversion device. State charges get referred to federal prosecutors. The feds take over because federal penalties are more severe.

Third, connection to other crimes. Your being investigated for drug trafficking or gang activity. Agents execute a search warrant. They find a conversion device alongside drugs or weapons. Now the machine gun charge stacks with everything else. The 30-year mandatory minimum applies because the device was connected to drug trafficking.

Operation Texas Kill Switch shows how seriously federal prosecutors are taking these cases. In one takedown, six defendants were charged – including charges for possession, transfer, aiding and abetting, and conspiracy. Federal prosecutors are going after not just possessors but anyone in the supply chain.

Spodek Law Group tells clients the same thing every time. If federal agents contact you about machine gun conversion devices – ordering them, receiving them, possessing them, anything – stop talking immediatly. The evidence in these cases is often thin (a shipping record, a photo, a seized package), but your statements can fill gaps prosecutors need.

Micah Moore and Jaquan Bridges – What Prosecution Looks Like

Two recent cases show how federal machine gun prosecutions actually develop.

Micah Moore of Indianapolis was sentenced to 7 years and 6 months in federal prison. His crime: manufacturing and selling Glock switches using a 3D printer. In a recorded interview with investigators, Moore admitted he was making and selling these devices. His own words sealed his conviction.

Moore’s case illustrates something critical. You dont need to possess hundreds of devices to face serious time. You dont need to be connected to violence. Manufacturing and selling conversion devices – even a handful – triggers federal machine gun trafficking charges. The sentence was nearly as long as it would have been for trafficking actual firearms.

Jaquan Bridges of Memphis faced different circumstances. He was pulled over, rolled down his window, and fired at a deputy’s vehicle with a pistol modified with a machine gun conversion device. Then he led deputies on a 10-mile chase.

Bridges was convicted of machinegun possession and sentenced to 108 months. His appeals failed. The Sixth Circuit affirmed every aspect of his conviction and sentence.

What separates Moore and Bridges from defendants who get lighter sentences? Moore talked. He admitted manufacturing and selling. Bridges used the device against law enforcement. Both made choices that eliminated any sympathy a judge might have had.

Federal machine gun cases turn on what you say and what you did. Keep quiet, and prosecutors have to prove everything. Talk, and you’ve done their job for them.

The Legal Machine Gun Owner vs The Illegal Switch Buyer

Theres an uncomfortable truth about machine gun policy in America. The people who legally own machine guns are among the most law-abiding gun owners in the country. They paid $30,000+ for their weapons. They waited months for ATF approval. They submitted to extensive background checks. They registered their firearms with the federal government.

Legal machine guns have been used in virtually zero crimes since the Hughes Amendment. The system works exactly as intended for that population.

The crisis is illegal conversion devices possessed by people who were often already prohibited from owning firearms. Gang members. Drug dealers. Felons who cant pass a background check for a regular handgun, let alone a registered machine gun.

The Hughes Amendment was supposed to reduce access to automatic weapons. What it actualy did was create a two-tier system. Wealthy collectors with legal guns. Everyone else with illegal devices that are cheaper and more accessible then ever.

The $200 tax stamp isnt the barrier. The $30,000 price is. And when a Glock switch costs $20 and ships in a week, the legal path becomes irrelevant to anyone who dosent have tens of thousands to spend and a year to wait.

This matters for defendants because federal prosecutors make no distinction. A $20 switch carries the same penalty as a $40,000 registered M16. Ten years maximum. Both are “machine guns” under federal law. Both trigger the same mandatory minimums if used in crimes.

Defenses and What Actually Matters

If your facing federal machine gun charges, heres what defense looks like.

Knowledge matters. Under 18 U.S.C. § 922(o), prosecutors must prove you “knowingly” possessed or transferred a machine gun. That means you knew you had the device. It does NOT require proving you knew the device was illegal or met the legal definition of a machine gun. The knowledge requirement is about possession, not legal classification.

But this creates defense opportunities. If the device was planted. If you genuinely didnt know it was in your vehicle or residence. If someone else had access to the location were it was found. These arnt automatic defenses, but they create reasonable doubt arguments.

Chain of custody matters. How did prosecutors establish the device was yours? Fingerprints? DNA? Shipping records? Each piece of evidence can be challenged.

And the machine gun classification matters. Not every modification actually meets the legal definition. If the device doesnt actually convert the firearm to fire more then one round per trigger pull, its not a machine gun under federal law. Expert witnesses can testify about functionality.

Todd Spodek has defended machine gun cases were the prosecution’s classification was questionable, were the chain of custody was weak, were the knowledge element wasnt clearly established. These arnt easy cases to win. But there not impossible.

If You’re Facing Machine Gun Charges

Maybe your reading this because youve been charged, or because federal agents have contacted you about conversion devices. Heres what you need to know.

Stop talking. Immediatly. The most common way defendants destroy there own cases is by explaining things to investigators. Micah Moore admitted manufacturing. That admission became the centerpiece of his prosecution. Dont give prosecutors what they need to convict you.

These charges are federal. That means federal court, federal prosecutors, federal sentencing guidelines. The stakes are higher then state court. The conviction rates are higher. The sentences are longer.

And the mandatory minimums are real. If that conversion device connects to drug trafficking or violence, your looking at 30 years minimum. Not 10. Thirty.

Call Spodek Law Group at 212-300-5196 before you answer any questions. We handle federal weapons cases and understand how machine gun prosecutions develop. The consultation is confidential. Your freedom depends on how you respond in the next few days.

These arnt charges you can explain away. There arnt misunderstandings you can clear up by talking. A Glock switch is a machine gun under federal law. Possession is a felony. Your only path forward is aggressive defense representation.

Call us at 212-300-5196. If federal agents are asking about conversion devices, you need a lawyer before you say another word.