AMENDMENT 834
Amendment: Section 2K2.1(b) is amended—
in paragraph (3)(B) by striking “subdivision” and inserting “paragraph”;
by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;
by inserting after paragraph (4) the following new paragraph (5):
“(5) (Apply the Greatest) If the defendant—
(A) (i) possessed four or more machinegun conversion devices; or (ii) transferred or sold any machinegun conversion device to another person, or attempted or conspired to commit such a transfer or sale, increase by 2 levels; or
(B) possessed 30 or more machinegun conversion devices, increase by 4 levels.
For purposes of subsection (b)(5), 'machinegun conversion device’ means any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun (i.e., any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger).”;
in the paragraph that begins “The cumulative offense level” by striking “(b)(4)” and inserting “(b)(5)”;
in paragraph (6) (as so redesignated), in the subparagraph that begins “Provided, however,” by striking “(b)(5)(C)(i)(I)” and inserting “(b)(6)(C)(i)(I)”;
in paragraph (9)(A) (as so redesignated) by striking “(b)(5)” and inserting “(b)(6)”;
and in paragraph (10)(A) (as so redesignated) by striking “(b)(5)” and inserting “(b)(6)”.
The Commentary to §2K2.1 caption “Application Notes” is amended—
in Note 1, in the paragraph that begins “ ‘Firearm’ has the meaning” by inserting after “18 U.S.C. § 921(a)(3)” the following: “, unless otherwise specified”;
in Note 3 by striking “(b)(5)” and inserting “(b)(6)”;
in Note 9 by striking “Application of Subsection (b)(7).—Under subsection (b)(7), if a record-keeping offense” and inserting “Application of Subsection (b)(8).—Under subsection (b)(8), if a recordkeeping offense”;
in Note 13—
in the heading by striking “(b)(5)” and inserting “(b)(6)”;
and in subparagraph (C) by striking “(b)(5)” and inserting “(b)(6)”; and by striking “(b)(6)(B)” and inserting “(b)(7)(B)”;
and in Note 14—
in the heading by striking “(b)(6)(B)” and inserting “(b)(7)(B)”;
in subparagraph (A) by striking “(b)(6)(B)” and inserting “(b)(7)(B)”;
in subparagraph (B) by striking “(b)(6)(B)” both places it appears and inserting “(b)(7)(B)”;
in subparagraph (C) by striking “(b)(6)(B)” and inserting “(b)(7)(B)”;
and in subparagraph (E) by striking “(b)(6)(B)” each place it appears and inserting “(b)(7)(B)”.
The Commentary to §2K2.4 captioned “Application Notes” is amended in Note 4(A) in the paragraph that begins “If the explosive” by striking “§2K2.1(b)(6)(B)” both places it appears and inserting “§2K2.1(b)(7)(B)”.
Reason for Amendment: This amendment revises §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), the primary firearms guideline, to more fully account for machinegun conversion devices (MCDs).
Commonly referred to as “Glock switches” and “auto sears,” MCDs are devices designed to convert semi-automatic firearms into fully automatic weapons. Under the National Firearms Act (NFA), the definition of “machinegun” includes “any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun.” 26 U.S.C. § 5845(b). An MCD therefore qualifies as a machinegun under federal law, and—as in the case of other machineguns—federal law generally prohibits the possession and transfer of such devices, with limited exceptions. See 18 U.S.C. § 922(o).
As a technical matter, the definition of “firearm” is not uniform throughout federal law. Because the NFA defines “firearm” to include machineguns—and “machinegun” to include MCDs—MCDs qualify as “firearms” under the NFA definition at 26 U.S.C. § 5845(a). By contrast, MCDs are not firearms under the definition of that term provided in the Gun Control Act (GCA), which is limited (as relevant) to a weapon “which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and “the frame or receiver of any such weapon.” 18 U.S.C. § 921(a)(3).
Prior to this amendment, §2K2.1 accounted for MCDs solely through base offense levels. It provided certain enhanced base offense levels for offenses involving NFA firearms, including MCDs. See USSG §2K2.1(a)(1), (3), (4), (5). Although §2K2.1’s base offense levels specifically incorporated the NFA definition of firearm, the remainder of §2K2.1 used the GCA definition. See USSG §2K2.1, comment. (n.1). Therefore, MCDs did not trigger the specific offense characteristics in §2K2.1. For example, if an individual were convicted of a firearms offense in which he possessed one semi-automatic firearm and five MCDs, an enhanced base offense level would apply because the offense involved a firearm described in 26 U.S.C. § 5845(a), see USSG §2K2.1(a)(1), (3), (4), (5), but there would be no enhancement under the specific offense characteristic at §2K2.1(b)(1) for the number of MCDs possessed because MCDs are not firearms under the GCA definition. See USSG §2K2.1(b)(1). For the same reason, if the individual transferred the MCDs to another person, this conduct would not support a trafficking enhancement under the specific offense characteristic at §2K2.1(b)(5) the way the transfer of a GCA firearm (or ammunition) would. See USSG §2K2.1(b)(5).
The Commission’s amendment responds to concerns by the Department of Justice and other commenters about the proliferation of MCDs, which pose a heightened danger to the public because a weapon equipped with an MCD fires more rapidly and with less control than an identical weapon without an MCD. Of note, the Department of Justice pointed to a 570% rise in MCD recoveries in 2021 as compared to 2017 and to the growing involvement of automatic gunfire reported in shootings. Commission data similarly reflects a recent rise in firearms cases involving MCDs. In fiscal year 2023, 4.5 percent of cases sentenced under §2K2.1 involved an MCD—an increase from one percent of §2K2.1 cases in fiscal year 2019. While most cases involving MCDs in fiscal year 2023 involved a single MCD, more than 18 percent involved four or more devices. In addition, in more than 25 percent of §2K2.1 cases involving MCDs, the sentenced individual transferred at least one MCD to another person.
To address these concerns and in recognition that MCDs pose different risks than functional firearms, the amendment establishes a new tiered specific offense characteristic at §2K2.1(b)(5) for cases involving MCDs. New subsection (b)(5)(A) provides a two-level enhancement when a defendant (i) possessed four or more MCDs or (ii) transferred or sold an MCD or attempted or conspired to commit such a transfer or sale. New subsection (b)(5)(B) provides a four-level enhancement when a defendant possessed 30 or more MCDs. The amendment includes a definition of “machinegun conversion device” consistent with the NFA’s statutory definition at 26 U.S.C. § 5845(b). To tailor the enhancement to the most culpable conduct, the Commission determined that it should apply only to the acts of the defendant. The Commission also concluded that the new specific offense characteristic should be subject to the offense level cap in §2K2.1. The amendment revises the cap to provide that the cumulative offense level may not exceed level 29 after application of subsections (b)(1) through the new subsection (b)(5), unless subsection (b)(3)(A) applies.
The amendment also includes conforming changes, including to the Commentary to §2K2.1 and §2K2.4 (Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes), to address the renumbering of the prior §2K2.1(b)(5) through (9).
Effective Date: The effective date of this amendment is November 1, 2025.