Criminal Defense Lawyer Blog
The U.S. Attorney’s Office recently announced the guilty plea in an online firearms trafficking operation that involved multiple federal law enforcement agencies. According to facts uncovered in at the plea hearing the ATF and the United States Postal Inspection Service began investigating the illegal sale of firearms and machinegun conversion devices on social media. These machinegun conversion devices (MCD) have been a major point of emphasis for both federal and state law enforcement over the last few years. The most common device is widely known as a “Glock Switch” due to the fact that it can easily be attached to Glock brand handguns. Glock switches can be fabricated using 3D printers and, despite being small and cheap to produce, can make a handgun exponentially more deadly. MCDs can easily transform a semi-automatic handgun into a machinegun with a few snaps of the finger, and when combined with large capacity magazines, can spray upwards of 30 rounds in a matter of seconds. On top of this, it is almost impossible to accurately fire a handgun fitted with a MCD, which adds to the deadliness of the device.
Machinegun conversion devices are classified as machineguns under the National Firearms Act. 26 U.S. Code and 18 U.S. Code define machinegun s as any weapon that is designed to automatically shoot more than one round by a single function of the trigger. In other words, holding down the trigger one time to expel multiple bullets. Possession of a MCD can lead to felony firearm offense charges even if there is no gun or ammo recovered from the defendant. The production of MCDs is similar to that of ghost guns, and the two make a deadly combination that has the full attention of law enforcement.
In this case, the defendant, a 26-year-old man from Frederick intercepted a package after tracking its sale on social media. Postal inspectors intercepted the package that was addressed to the defendant and obtained a search warrant to open the parcel. Investigators then discovered a Glock .40 caliber semi-automatic handgun with an illegal extended magazine containing 30 rounds of ammunition. Police used this evidence to obtain an additional search warrant for the defendant’s home in Frederick County. Execution of this search warrant revealed an additional 10 mm Glock handgun, 400 rounds of ammunition and three Glock Switches. Also seized were multiple gun cases, ghost gun boxes and over $20 in cash.
The defendant was prohibited from possessing any firearm due to a prior felony conviction and was also prohibited from possessing the MCDs. He ended up pleading guilty to one count of firearms trafficking and one count of unlawful possession of a machinegun. The defendant will learn his sentence at a later date in the Baltimore Federal Courthouse but based on the severity of the charges his guidelines will likely call for several years in prison.
The Blog will continue to follow this case and may post a follow up article after the sentencing hearing takes place. We will also continue to follow any future legislation on ghost guns and MCDs, as lawmakers around the country are searching for ways to eliminate the pervasiveness of these untraceable firearms and conversion devices. Benjamin Herbst is a state and federal criminal defense lawyer who specializes in Maryland gun crimes such as firearm possession by a convicted felon or prohibited person and possession of a firearm at a federal facility. He also has extensive experience representing juvenile defendants facing minor in possession charges under the public safety code and wear, transport and carry charges under the Maryland criminal code. If you have been charged with a firearms offense in state or federal court, contact Benjamin anytime at 410-207-2598 for a free consultation.
Resources:
Frederick Man Pleads Guilty to Federal Firearms Trafficking and Machinegun Possession Charges, justice.gov.