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- posted: Jan. 06, 2025
- Criminal Defense
Several devices exist to alter the way certain firearms work. One example is a “switch,” which is a small aftermarket attachment that allows a user to press a button and fire multiple rounds of a handgun with one pull of the trigger. In other words, the switch essentially transforms a semi-automatic firearm into an automatic weapon. This can make the gun much more dangerous, and can also expose someone in possession of this modified weapon to much more serious charges.
One recent case in Colorado Springs illustrates the legal risk associated with firearm attachments. Josiah Olivas, an 18-year-old, was found in possession of a handgun equipped with a switch device. Although details about the circumstances of his arrest have not been fully disclosed, the modified firearm is now classified as a “dangerous or illegal weapon” under state law, enhancing the potential penalties associated with conviction.
Colorado law defines a dangerous or illegal weapon as any device or instrument that is highly lethal or illegal for civilian use, such as machine guns or short-barreled shotguns. By turning a semi-automatic handgun into a fully automatic firearm, a switch dramatically increases its firepower. This can elevate a simple firearm possession charge into a far more serious offense. Federal law also prohibits the possession of machine guns, and any firearm modified to function as one could lead to federal charges. Convictions under federal firearm laws often result in mandatory minimum prison sentences, further increasing the stakes for individuals caught with switches and similar devices.
Any type of gun or weapon charge should be taken seriously, but this is particularly true for instances where the law considers a specific firearm extremely dangerous either on its own or because of equipment that was added. An experienced criminal defense attorney can evaluate the pertinent facts and advise you on the best way to challenge the prosecution’s allegations. Expert testimony might be useful in a defense case to demonstrate that the gun in question does not merit the enhanced charge. There could also be questions about an individual’s Second Amendment rights.
Polansky Law Firm represents clients accused of state and federal weapons offenses, as well as other criminal charges. For a free consultation with a proven Colorado defense lawyer, please call 303-415-2583 or contact us online. Our office is in Boulder.
