Indiana appeals court sets precedent for 'Glock switch' cases

The Indiana Court of Appeals ruled Monday that an Indianapolis man accused of having a “Glock switch” attached to his handgun was in possession of a machine gun, a decision that sets a precedent for how the courts will handle cases going forward when a person is accused of having the firearm accessories that are showing up more frequently at scenes of gun violence.

In its decision, the appeals court upheld a trial court's machine gun possession charge against Devun York, ruling the “switch” device attached to the Glock 19 pistol police found during a search warrant in 2022 functioned as a machine gun. York was one of three men inside the apartment during the search, but was not the target of the warrant, according to court records.

Glock switches: 5 questions answered about the devices showing up at Indy crime scenes

“The gun either fires more than one shot automatically without reloading, or it does not,” the opinion reads. “Thus, the statute sufficiently provided notice to York that the gun was a machine gun.”

York previously argued to dismiss his machine gun possession charge, arguing Indiana’s laws at the time of his arrest did not prohibit "devices that have been adapted or converted" by accessories. If the Glock switch was removed, he argued, the pistol would fire semi-automatically and not be a machine gun.

The appeals court disagreed, saying the intent behind Indiana’s law “focuses on what the gun can do,” which, in this case, meant shoot automatically more than one shot without manual reloading.

IndyStar has reached out to York's attorney, who had not responded by time of publication.

Bigger impact of ruling related to Glock switches

The ruling will provide future guidance for how prosecutors can proceed with cases when a defendant is accused of having the illegal accessories, referred to by police as machine gun conversion devices, which are often showing up at scenes of gun violence. The Bureau of Alcohol, Tobacco, Firearms and Explosives has determined a machine gun conversion device can make a handgun fire 31 rounds in 2.1 seconds.

However, Indiana’s laws pertaining to machine guns did not explicitly mention such devices, prompting state lawmakers to change the statute.

Marion County Prosecutor Ryan Mears previously said his office, in light of the trend, took an “admittedly aggressive” approach to prosecuting people accused of having accessories such as Glock switches and began charging defendants with possession of a machine gun, including York.

On April 20, Gov. Eric Holcomb signed House Bill 1365, which expanded the state’s definition of what a machine gun is, to include devices such as Glock switches. The court’s ruling came a little more than two weeks after Holcomb’s signing.

Contact Sarah Nelson at 317-503-7514 or sarah.nelson@indystar.com

This article originally appeared on Indianapolis Star: Indiana appeals court decision sets precedent for 'Glock switch' cases