A Maryland Glock switch charge is serious. A Glock switch (or giggle switch) is a device attached to the Glock pistol that can turn a regular Glock pistol into a full automatic weapon.
Maryland legislators and prosecutors have made gun prosecution a priority. This is not the time to get such a charge because you run the real risk of prison time, even as a first offender.
Here is how we would approach your case.
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New Maryland Glock Switch Law.
In 2024, Maryland passed a law explicitly banning auto sears, commonly referred to as “Glock switches,” which allow semi-automatic weapons to fire at a rate comparable to machine guns. (Md. Code Ann., Crim Law § 4-305.1. Effective October 1, 2024) This new legislation strengthens the state’s existing stance on firearm modifications, aiming to close legal loopholes and enhance public safety.
Under this law, the possession, manufacture, or distribution of Glock switches is strictly prohibited, and violators face severe penalties, including substantial fines and lengthy prison sentences. The measure reflects the extreme focus of Maryland legislators on gun laws. If you are curious how a Glock switch works, we’ve posted a video below:
If you Possess a Glock Switch, You Must Register with Maryland State Police.
Within 24 hours of coming into possession of a Glock Switch in Maryland you must complete a registration application with the following information:
- Make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;
- Name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and
- Name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.3
Gun manufacturers must also provide a list to police for any registered purchasers of Glock switches from them.
Challenge the Elements of a Glock Switch Charge.
In order to beat a Maryland case, you have to know what the prosecutor has to prove. To prove you guilty of Glock switch possession they would have to convince the judge or jury beyond a reasonable doubt the charge under Md. Code Ann., Crim. Law § 4-405.
Section 4-405 presumes that possession or use of a Glock switch (machine gun) is with an aggressive purpose under certain circumstances and they are:
- The machine gun (or switch) is on found some place where the property is not owned or rented by the person in possession.
- The person in possession has a criminal conviction for a crime of violence under state, felony, or international law.
- The device is not registered with the Maryland State Police under Md. Code Ann., Crim. Law § 4-403.
- If there are empty or loaded shells that have been used or are susceptible of being used in the machine gun are found in the immediate vicinity of the machine gun.
What Would We Do to Defend You?
You need experience, first. Our Maryland criminal lawyers have over 40 years of experience. We don’t dabble in different law, this is what we do.
Several things we would research for applicability in your case:
- Police Misconduct. Did the police plant evidence? Did they mislead the judge in any warrant. We always file motions to suppress when the police need to be held accountable. If you win a suppression motion the evidence may be kicked out of your case.
- Make Legal Challenges. These gun laws are brand new and several gun laws in the last decade have been found unconstitutional by the Supreme Court. You have a right to possess a firearm under the Constitution and that right should not be stopped without appropriate legal justification.
- Negotiation. You negotiate from a position of power. We prepare every case for trial. If a prosecutor does not think you will go to trial, you will only get bad offers. Plus, even if the offer is good, you don’t have to take it. Our job is to advise you based on our experience but you make the final call.
Yes. Maryland law considers a Glock switch as a machine gun component. Possession or use can mean prison time under Section 4-404 and 4-405.
Under Section 4-405, possession is a misdemeanor punishable by up to 10 years in prison. This is under Maryland law. This crime is considered a felony under federal law so any conviction would result in lifetime ban of any firearm possession.
Get Your Free Consultation.
Our attorneys Mirriam Z. Seddiq and Justin Eisele want to offer you a free consultation. You can call us at 301.513.7832. Or, fill out an online form. If you complete the form now, an attorney will text you within minutes of your submission.