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Published on 1/14/2025, 2:08:00 PM

The Legal Consequences of Glock Switch Possession in Maryland

Glock "switches," small devices that convert semi-automatic Glock pistols into fully automatic firearms, are illegal under Maryland law. These devices classify the modified firearm as a machine gun, triggering severe penalties for possession and use. Maryland has also enacted laws to regulate "rapid-fire activators," which function similarly by increasing a firearm�s rate of fire. This article covers the criminal charges for possessing Glock switches, rapid-fire activators, and their use in violent crimes.

What Is a Glock Switch?

A Glock switch, also known as an auto sear, allows a Glock pistol to fire multiple rounds with a single trigger pull, effectively turning it into a machine gun. Maryland law, under Md. Code, Crim. Law Section 4-401(c), defines a "machine gun" as a weapon capable of automatically discharging more than one shot by a single function of the firing device. This broad definition makes Glock switches subject to Maryland's strict machine gun laws.

Similarly, Maryland also regulates rapid-fire activators, devices designed to increase the firing rate of a firearm. Under Md. Code, Crim. Law Section 4-305.1, these devices are illegal to transport, manufacture, sell, or possess unless very narrow exceptions apply, such as lawful possession before October 1, 2018, with proper federal authorization.

Charges for Possessing a Glock Switch or Rapid-Fire Activator

Section 4-405: Machine Gun for Offensive or Aggressive Purpose

Possessing a Glock switch in Maryland can be prosecuted under Md. Code, Crim. Law Section 4-405, which presumes the device is held for an offensive or aggressive purpose if:

  1. The machine gun (or switch) is on premises not owned or rented by the possessor.
  2. The possessor has been convicted of a crime of violence.
  3. The device is not registered with the Maryland State Police.

Violating Section 4-405 is a misdemeanor, punishable by up to 10 years in prison. Even if the Glock switch is not used in a crime, mere possession can lead to serious legal consequences.

Section 4-305.1: Rapid-Fire Activators

Under Md. Code, Crim. Law Section 4-305.1, it is illegal to:

  1. Transport a rapid-fire activator into Maryland.
  2. Manufacture, possess, sell, transfer, or purchase a rapid-fire activator.

Violations of this section generally result in a misdemeanor conviction with penalties of up to 3 years imprisonment, a $5,000 fine, or both, under Md. Code, Crim. Law Section 4-306(a).

However, if a rapid-fire activator is used in a felony or violent crime, enhanced penalties under Section 4-306(b) apply (discussed further below).

Charges for Using a Glock Switch or Rapid-Fire Activator in a Violent Crime

Section 4-404: Machine Gun in a Crime of Violence

Using a Glock switch during a violent crime�such as robbery, first-degree assault, or murder�is prosecuted under Md. Code, Crim. Law Section 4-404. This offense is a felony punishable by up to 20 years in prison.

Maryland defines a "crime of violence" broadly, including attempts of these serious offenses. If a Glock switch is involved, the firearm is treated as a fully automatic "machine gun," which significantly enhances potential penalties.

Section 4-306(b): Using a Rapid-Fire Activator in a Crime

If a rapid-fire activator is used in the commission of a felony or a violent crime, the penalties are even more severe under Md. Code, Crim. Law Section 4-306(b):

  1. First offense: Mandatory 5 to 20 years in prison. The court cannot suspend the minimum 5-year sentence, and parole eligibility does not begin until at least 5 years have been served.
  2. Subsequent offenses: Mandatory 10 to 20 years in prison, with sentences served consecutively to any other sentence imposed for the underlying felony or violent crime.

The mandatory minimum sentences underscore Maryland's intent to harshly penalize the use of devices like Glock switches or rapid-fire activators in violent crimes.

How We Can Help

If you're facing charges for possessing or using a Glock switch or rapid-fire activator, it�s essential to consult an experienced attorney. At FrizWoods, we have a proven track record defending clients against gun-related charges. Our attorneys can:

  • Investigate whether the device was properly identified and classified under Maryland law.
  • Challenge any search and seizure violations during the investigation.
  • Negotiate with prosecutors or represent you in court to protect your rights and minimize penalties.

With a thorough understanding of Maryland's firearm laws, we�ll work tirelessly to develop the strongest defense for your case.

FAQs

Q: Are Glock switches and rapid-fire activators illegal in Maryland?

A: Yes. Both are illegal under Maryland law. Glock switches are regulated as "machine gun" components, while rapid-fire activators are prohibited under Section 4-305.1.

Q: What are the penalties for possessing a rapid-fire activator?

A: Under Section 4-305.1, possession is a misdemeanor punishable by up to 3 years in prison, a $5,000 fine, or both.

Q: What happens if I use a Glock switch or rapid-fire activator in a violent crime?

A: Using either in a violent crime triggers enhanced penalties. For Glock switches, Section 4-404 allows for up to 20 years in prison. For rapid-fire activators, Section 4-306(b) imposes a mandatory 5 to 20 years for a first offense and 10 to 20 years for subsequent offenses.

Have questions about your case? Contact FrizWoods today to schedule a free consultation. We�ll review your case, advise you on your options, and fight to protect your rights.