FRANKFORT, Ky. (LEX 18) — Kentucky state lawmakers are preparing to consider legislation that would create state-level penalties for possessing machine gun conversion switches, devices that are already banned under federal law but have become increasingly common in the state.
The bill, sponsored by Rep. Jason Nemes, would allow local police and prosecutors to enforce restrictions on the small devices that converts handguns into automatic weapons capable of firing continuously until ammunition runs out.
"It does not make anything unlawful that is currently lawful," Nemes said.
The quarter-sized switches, which can now be 3D printed, have become a growing concern for law enforcement in Kentucky. Louisville Metro Police Chief Paul Humphrey said 44 machine gun conversion switches were seized in Kentucky in 2023. He adds that the number more than doubled to 98 in 2024.
"We're not talking about something that helps with accuracy, helps with self defense, helps with home defense. We're talking about something that makes the weapon far less accurate, far more dangerous to everyone around. And this is a problem that has increased steadily over the last couple of years," Humphrey said.
Currently, while the devices are illegal under federal law, Kentucky police face limitations in enforcement without a corresponding state statute, according to the bill's supporters.
"We have no ability to enforce this. So, if we get somebody in the process of a separate crime that is not necessarily involving the gun, but they're in possession of (a conversion switch), there's nothing we can do but give that back to them. The only hope that we have of any type of enforcement of this type of weapon is to be dependent on the federal government, particularly the ATF," Humphrey said.
The proposed state law would change that by giving local authorities the power to prosecute cases involving the conversion switches.
However, the bill faces potential opposition from some pro-Second Amendment lawmakers who view it as additional gun regulation. Rep. Savannah Maddox expressed concerns about creating "another new regulation on firearms owners in the Commonwealth of Kentucky."
"That is gun control. It would be additional and new gun control," Maddox said.
Nemes pushed back against characterizations that the bill represents new gun control, arguing it simply creates state enforcement mechanisms for devices that are already federally prohibited.
Another pro-Second Amendment lawmaker stated that he believes Kentucky should focus on expanding Second Amendment rights.
"I think we've sorely missed out on opportunities to ensure that the Second Amendment is not a second class right," said Rep. TJ Roberts. "I think our energy is better spent actually expanding this right to self defense, rather than imposing further restrictions that are already illegal at the federal level."
Nemes emphasized his own gun ownership to demonstrate that Kentucky is a state that takes gun rights seriously.
"I bought two guns within the last 60 days and it took me less than 10 minutes to buy. I've built an AR within the last six months. I'm a Kentucky citizen. There was no prohibition for me doing that," Nemes said.
Other lawmakers, including some that described themselves as pro-Second Amendment, expressed support for the bill.
The legislation will be considered during Kentucky's upcoming legislative session. If passed, Kentucky would become the 28th state to make the devices illegal at the state-level, after Alabama and Tennessee passed similar proposals earlier this year.
