In Maryland, possessing a “switch” on a gun — typically referring to a Glock switch or auto sear — is a serious criminal offense. These small devices convert semi-automatic pistols into fully automatic firearms, effectively turning them into illegal machine guns under Maryland law. If you’re caught with one, the consequences can be severe. But exactly how much time do you get for having a switch on a gun in Maryland?
Let’s break it down.
What Is a “Switch” on a Gun?
A gun “switch” — commonly called a Glock switch — is a small metal or plastic attachment designed to convert a semi-automatic pistol into a fully automatic weapon. This means the firearm can shoot multiple rounds with a single trigger pull, which significantly changes its classification under Maryland law.
In the eyes of the law, a gun equipped with a switch is no longer just a handgun — it’s a machine gun, and that distinction carries much heavier penalties.
Maryland’s Definition of a Machine Gun
Under Maryland Public Safety Code § 5-101, a machine gun is defined as:
“A weapon that shoots, or is designed to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.”
Adding a switch to a handgun transforms it into a machine gun according to this definition.
Is It Illegal to Possess a Machine Gun in Maryland?
Yes — machine guns are heavily restricted in Maryland. Maryland law does not completely ban machine guns, but possession is only legal if the firearm is properly registered with both the federal government and the Maryland State Police.
Under Public Safety Code § 5-405, possession of an unregistered machine gun is a crime punishable by up to 10 years in prison. Additionally, the weapon can be seized and forfeited to the state.
So, if you possess a handgun with a switch — even if you didn’t install it yourself — and it is not lawfully registered, you’re committing a felony in Maryland.
Criminal Penalties in Maryland
Here’s how the penalties break down under state law:
▶ Illegal Possession of a Machine Gun
- Charge: Felony
- Statute: Maryland Public Safety Article § 5-405
- Penalty: Up to 10 years in prison and/or a $10,000 fine
▶ Use of a Machine Gun in a Crime of Violence
- Charge: Felony
- Statute: Maryland Criminal Law Article § 4-404
- Penalty: Additional 20-year maximum sentence depending on the underlying crime
Enhancing Factors
Certain factors can increase the severity of the punishment:
- Prior felony convictions
- Use of the modified weapon during a violent crime
- Possession by a prohibited person (e.g., felons, domestic violence offenders)
- Presence of the weapon on school property or in a drug trafficking case
Any of these enhancements could lead to additional charges and longer prison terms.
Maryland Law Enforcement Takes These Cases Seriously
Law enforcement in Maryland — especially in Prince George’s, Charles, Calvert, and St. Mary’s Counties — is cracking down hard on illegal firearm modifications. Gun switches are being discovered more frequently during routine traffic stops and search warrants. In many cases, charges related to switches are forwarded to state prosecutors who treat them as high-risk, violent offender cases.
What If You Didn’t Know the Switch Was Illegal?
Lack of knowledge is not a valid legal defense in Maryland. If you’re found in possession of a firearm with a switch, you can be charged regardless of whether you knew it was a crime. That’s why it’s essential to seek legal representation immediately if you’re arrested or questioned about firearm modifications.
Charged with Gun Switch Possession? Talk to a Lawyer Now.
If you or a loved one has been charged with having a switch on a gun in Maryland, the consequences are serious — and you need an experienced criminal defense attorney on your side.
At Southern Maryland Criminal Defense, we’ve represented clients in high-stakes firearm cases across Charles, Prince George’s, Calvert, and St. Mary’s Counties. We know how to challenge illegal searches, fight enhancements, and protect your rights from day one.
Facing charges for possessing a switch on a gun?
Don’t wait — schedule your consultation now to speak with a Southern Maryland criminal lawyer who will fight for your future.
