Man Pleads Guilty to Possessing Machine Gun After Brandishing Firearm Equipped With Auto Sear, 50-Round Drum Magazine in 2024

NORFOLK, Va. — Bryan Hernandez, 22, pleaded guilty to possessing a machine gun after he brandished a handgun equipped with an illegal auto sear and extended magazine inside a store last year.

Around 5:30 p.m. on Oct. 4, Mr. Hernandez was inside a store in the 5600 block of East Virginia Beach Boulevard and arguing with a patron when he lifted his shirt to brandish a firearm that was tucked in his pants. That patron called Norfolk Police, and officers arrived at the store shortly after. Mr. Hernandez, who was still inside the store, initially told officers that he did not have a weapon. The officers, based on the information they had, told Mr. Hernandez that they were going to frisk him for a gun, and after arguing with the officers Mr. Hernandez admitted that he was armed.

The officers detained Mr. Hernandez and seized from him a 9mm Glock semi-automatic pistol equipped with an illegal switch (also known as an auto sear) and an illegal 50-round drum magazine. Switches modify ordinary handguns to allow more than one round of ammunition to be automatically fired by a single trigger pull, and under Virginia law, handguns equipped with switches qualify as machine guns. Based on their investigation, police charged Mr. Hernandez with multiple firearm-related felonies and misdemeanors, including possessing a machine gun. Mr. Hernandez had no prior criminal record until this offense.

On May 19, Mr. Hernandez entered an agreement to plead guilty to possessing a machine gun and to face an active sentence at the discretion of the deciding judge of up to six months in jail, which would be at the high end of his state sentencing guidelines. In exchange for Mr. Hernandez’s guilty plea, the Commonwealth agreed to the dismissal of his secondary charges. Judge Robert B. Rigney deferred accepting Mr. Hernandez’s plea agreement, pending a review of his pre-sentence report on Sept. 18.

“Auto sears turn an already-dangerous handgun into a machine gun, and outside of very narrow exceptions machine guns are illegal to possess or carry in Virginia,” said Commonwealth’s Attorney Ramin Fatehi. “Mr. Hernandez, armed with an automatic weapon and a fifty-round magazine, posed a threat to the community. Now, as a convicted felon, he has forfeited his right to carry a gun, and he will face jail time for what he has done. My office will continue to focus our resources on the prosecution of cases like this where people pose a threat to the safety of our fellow citizens.”

Senior Assistant Commonwealth’s Attorney Shavaughn N. Banks is prosecuting Mr. Hernandez’s case, and Norfolk Police Detective Ryan D. Newcome led the investigation.

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