On Tuesday, the United States Court of Appeals for the Fifth Circuit reaffirmed the constitutionality of the federal prohibition on private possession of machine guns, rejecting a direct challenge to 18 U.S.C. § 922(o) in a case involving a shooting involving a handgun modified by a machine gun conversion device (MCD).
In United States v. Jamaion Wilson, a unanimous panel led by Judge Don R. Willett affirmed Wilson’s conviction for unlawful possession of a machine gun, holding that such weapons remain outside the protection of the Second Amendment. The court said the decision reinforces longstanding circuit precedent and resists calls to reconsider it in light of evolving firearm technology or the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
Wilson pleaded guilty to violating § 922(o) after using a handgun equipped with a “Glock Switch”. This small, illegal machine gun conversion device (MCD) converts a semiautomatic pistol into a fully automatic machine gun. Mr. Wilson used his firearm to kill a seller who allegedly sold him a fake firearm in a 2023 Texas gas station parking lot confrontation. Prosecutors charged him with a machine gun possession offense, which carries a maximum 10-year sentence.
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