Stay ahead of the curve as a political insider with deep policy analysis, daily briefings and policy-shaping tools.
Request a Demo‘That’s scary’: New gun trend has Marion County law enforcement asking for help from Indiana lawmakers
Two years ago, law enforcement grew concerned when they encountered a new trend in Indianapolis. They were discovering guns capable of automatic fire, similar to an illegal machine gun.
The guns were contributing to Indianapolis’ worsening levels of violence. Some of the weapons were being used in shootings where cars and homes were sprayed with bullets; some were also used in homicides. Crime scenes were being littered with at least 50 shell casings.
So when Indianapolis Metropolitan Police officers found people carrying the guns during traffic stops and home searches, Marion County prosecutors were determined to find a way to stop the weapons from returning to the streets.
Back then, Marion County Prosecutor Ryan Mears’ office turned to a little-used state law to begin charging people with felonies. They filed charges for possession of a machine gun.
There’s just one problem, though. The firearms in question? They aren’t technically machine guns.
Instead, they’re often semi-automatic rifles and handguns that have been modified using devices available on the internet. Some can be created in a few minutes using a 3D printer.
But in Indiana, where personal gun ownership roars as loudly as a full field at Indianapolis Motor Speedway, state lawmakers rarely show an appetite for clamping down on firearms using the state’s criminal code. Last legislative session, for example, lawmakers changed the law to no longer require all Hoosiers to obtain permits to carry their handguns in public — which, while it benefited legal gun-owners, also stripped law enforcement of a method to help stem the flow of illegally used guns.
Without that law, and without many allies in the Republican-controlled Statehouse, the Democratic prosecutor Mears said he needed to be creative to address the emerging threat of modified weapons. That’s what spurred them to unearth the statute that banned the use of machine guns in Indiana.
“Admittedly this is an aggressive interpretation of the statute,” Mears told State Affairs Indiana in an interview this month. “Especially with the repeal of the handgun without a license statute, there's oftentimes if we didn't file the machine gun (charge), there'd be nothing that we could file now.”
That strategy could be endangered, however. While Marion County prosecutors have successfully used the statute to land nine convictions so far, none of those cases were decided by juries. Every defendant simply pleaded guilty to the charges. And a charge in one other case is now under consideration by the Indiana Court of Appeals, which could halt the prosecutor’s use of the statute.
Auto sears and Glock switches
Firearms can be modified to mimic automatic fire by using a few different devices, none of which are endorsed by gun manufacturers. One of the most common for some handguns — often called a Glock switch — is not created by the company behind Glock handguns, for example.
Still, the weapons are easily converted. And they are powerful: By one officer’s account, a single pull of the trigger could empty a 30-round magazine in less than three seconds.
“Now imagine that the gun is shooting out these 40-caliber rounds in less than three seconds with all that recoil,” said Chris Bailey, who serves as assistant police chief in Indianapolis, “and how much control that person actually has over that handgun.”
The so-called Glock switches have been in use on the American coasts for a few years, Bailey said, but have only arrived in Indiana in the last couple of years. They are especially popular among teenagers and young adults, maybe because it requires a bit of tech savvy to create and install the devices.
Another modification for semi-automatic rifles has been around for years but is finding new prevalence on the streets, according to law enforcement. It’s referred to broadly as an auto sear, which can transform AR-15s to replicate automatic fire.
“That lethal round will cut through metal and right through ballistic protection on police officers with no problem,” Bailey said. “That’s scary stuff, especially if you see these videos.”
Indiana law on machine gun conversion devices
Federal law prohibits both Glock switches and auto sears under the National Firearms Act. If someone in Indiana were caught carrying a converted weapon, they could face charges in federal court. Federal authorities, though, tend to remain selective on which cases they’ll pursue, leaving the vast majority to local prosecutors and courts.
Indiana’s law, meanwhile, isn’t as clear. One part of the law bars the sale of conversion devices; the part defining possession of a machine gun as a crime, though, does not include specific language about the devices.
The lack of clarity has prompted one defense attorney to fight Mears in court. In filings on behalf of a client, the attorney emphasized the discrepancy in Indiana law.
“The plain language of the machine gun statute does not include a handgun that has been modified with a firearm accessory. If the Legislature intended for the definition of a machine gun to include handguns equipped with ‘switches,’ they would have explicitly included such language as they have done in other statutes,” wrote Omar Ghani, the Indianapolis-based attorney.
Ghani did not return a State Affairs Indiana voicemail.
In court, Mears' office is essentially arguing that any weapon that can fire multiple shots with a single pull of a trigger is a machine gun.
A local judge in Marion Superior Court sided with the prosecutor’s office. Ghani, though, appealed that decision. Now the outcome is in the hands of the Indiana Court of Appeals.
If the appeals court decides that handguns modified with Glock switches are not machine guns, then several cases could be affected. More than 50 cases are pending, according to the prosecutor’s office.
Bipartisan interest in Central Indiana
In the meantime, Indianapolis law enforcement is asking for help from the Legislature to specifically define the conversion devices as illegal.
It’s not yet known how receptive both chambers will be, as most gun restrictions tend to die without a hearing in Indiana. It’s also unclear whether Republican legislators may be dissuaded by past political battles with Mears, who has defied legislative threats by refusing to prosecute people caught with small amounts of marijuana and pledging to never prosecute women or doctors over abortions. (Lawmakers have previously introduced bills that would empower the Indiana attorney general to step in, but the bills have not passed.)
But Bailey, the assistant police chief, believes there is bipartisan interest among Central Indiana lawmakers to address his concerns about conversion devices.
“Hey, this is Indiana. And people don't like messing with gun laws,” Bailey said, "but I'm not saying restrict guns, I'm saying restrict this piece that makes it a machine gun, which you've already said is illegal."
One key ally is Sen. Aaron Freeman, R-Indianapolis, who chairs the Senate Corrections and Criminal Law Committee. Bailey said he shared potential language drafted by the Marion County Prosecutor’s Office that mirrors federal code.
Freeman told State Affairs Indiana that he’s examining the issue.
“I’ve seen some of the videos of these things: A law enforcement officer is dealing with a Glock handgun, which is one thing, and then you know somebody’s dealing with a machine gun all of a sudden, well that’s obviously a big, big problem,” Freeman said. “If there’s a way the state can help, and a way that we can help protect citizens and officers from machine guns, then obviously we should be doing that.”
Bailey worries what might happen if lawmakers don’t intervene this legislative session. He said they could theoretically wait until after the appeals court issues a ruling, but that would be risky.
If the court rules against the prosecutor’s office, then Bailey said modified firearms would be considered legal in Indiana at least until the next legislative session, and most laws don’t take effect until the following July.
“We just need to add something so that the courts are clear,” Bailey said, “and we don't lose the ability to charge people as we move forward and hold them accountable.”
Have questions or comments about the upcoming legislative session? Contact Ryan Martin on Twitter, LinkedIn, Facebook or at [email protected].)
Twitter @STATEAFFAIRSIN
Facebook @STATEAFFAIRSUS
LinkedIn @STATEAFFAIRS
Header image: Marion County Prosecutor Ryan Mears turned to a little-used state law in an attempt to rid Indianapolis streets of modified guns that replicate automatic fire. (Credit: Ryan Martin)
Read this story for free.
Create AccountRead this story for free
By submitting your information, you agree to the Terms of Service and acknowledge our Privacy Policy.
Here’s how to vote in Indiana’s primary election
Thousands of Hoosier voters will head to the polls Tuesday, May 7, for Indiana’s primary election. This year’s ballot includes a competitive contest for governor, as well as dozens of state and federal legislative races and a few school referenda. The primary will decide which candidates will represent their respective parties in the Nov. 5 …
$15B in 72 hours: ‘Our economy is on fire,’ says Commerce chief
A banner week for investment within Indiana has capped off the state’s biggest financial quarter in recent history, as three major companies agreed to deals estimated to bring in billions of dollars.
The state has long advertised itself as business-friendly, and its chief executive appeared thrilled by the week’s news.
“This is about $15 billion in about 72 hours,” Gov. Eric Holcomb told reporters on Friday. “This used to take four years to achieve.”
One announced project, an $11 billion Amazon Web Services data center in north-central Indiana, is the biggest single investment in the state’s history.
Google also broke ground on a $2 billion data center near Fort Wayne, while Toyota announced a $1.4 billion investment in its Princeton plant.
“Our economy is on fire,” Secretary of Commerce David Rosenberg said.
His agency, the Indiana Economic Development Corp., negotiated the deals. The state is offering millions of dollars in tax incentives in order to create some 1,500 new jobs.
“These industries bring generational change for families, putting more money in their pockets and allowing them the opportunity to have a better quality of life on their own,” Rosenberg said.
The projects
Amazon’s new data center will be built near New Carlisle. It’s expected to bring in at least 1,000 new jobs in the artificial intelligence and cloud storage sectors. No timetable for completion of the project was given.
According to Amazon, the company has invested $21.5 billion in Indiana since 2010, creating 26,000 full- and part-time jobs.
Google’s new data center will hire up to 200 new workers, the tech giant said, “in the coming years.”
Toyota will build a new assembly line that will assemble battery-operated SUVs by the end of 2025. It expects to add up to 340 new jobs to the plant, which Toyota said now employs more than 7,500.
The company has spent $8 billion on the Princeton plant since breaking ground in 1996, Toyota said.
The new projects’ figures represent early estimates and could change as they move forward.
Incentives aren’t the only factor
Rosenberg praised the Indiana General Assembly for passing legislation that allows the state to offer sales tax exemptions as a lure for new businesses. Both Amazon and Google will receive such boosts, and the Amazon project could receive up to $100 million in additional credits based on various incentives.
But Rosenberg stressed tax breaks are only part of the equation as the state looks to compete internationally.
“We don’t have to have the highest offer because we bring the university partners, the state and local governments, utilities — everyone around the table to make sure that company has what they need,” he said.
The Google project, for example, includes partnerships with Ivy Tech Community College on a new job training program and Indiana Michigan Power to bring clean energy resources to the local grid.
Recruiting new industries
Rosenberg said tech recruitment has been a particular focus for the IEDC, as Indiana is looking to provide an “ecosystem” for these companies to thrive off one another. The state’s semiconductor facilities will provide the materials needed for these new data centers, he noted.
Recruiting new business takes anywhere between six months to several years. Zoning, road construction, utilities and more need to be worked out ahead of time.
The IEDC has been on a hot streak, Rosenberg said. During the agency’s first 11 years, it secured just under $50 billion in new projects. It has now pulled in more than $71 billion since the beginning of 2022.
In the first four months of 2024, $20.68 billion has been pledged to projects in Indiana — the most for a quarter since IEDC’s founding in 2005.
‘Strong partners for the Indiana economy’
“The key is that these investments represent long-lasting and continued commitment to being strong partners for the Indiana economy,” said Andrew Butters, an associate professor of business economics and public policy at Indiana University’s Kelley School of Business.
Large companies came out of the pandemic looking to reorient their supply chains, Butters said, and some states have reaped the benefits of projects that might have previously moved overseas.
Indiana has been able to compete by selling its location, workforce, labor force participation in addition to offering incentives, Butters said.
“I would not be shocked to see more of these as the state attempts to transition toward more high-tech and high-skill industries,” Butters said.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
6 races to watch in the Indiana primary election
The first openly competitive contest for the Republican gubernatorial nomination in a generation will end with Tuesday’s primary election, as will crowded races for several open congressional seats.
The primary won’t officially decide any political race — only the Nov. 5 general election can do that. But Republicans hold major advantages in statewide and many district-level contests, and who secures which nominations will go a long way toward deciding who may lead the state in the years to come.
>> Related: How does voting by political party work in Indiana?
Here are six key primary contests to watch on election night.
Governor
The race to be Indiana’s next chief executive has been perhaps the most noteworthy of the election cycle, with six Republicans bringing a variety of experience and outsider credentials to the competition.
Sen. Mike Braun has led in the polls from day one, including running up a 34 percentage-point lead in an April State Affairs/Howey Politics Indiana survey.
The other five candidates are: Lt. Gov. Suzanne Crouch, former Attorney General Curtis Hill, Indianapolis mom Jamie Reitenour and two former state secretaries of commerce in Brad Chambers and Eric Doden.
The winner of Tuesday’s Republican primary will face Democrat and former state Superintendent of Public Instruction Jennifer McCormick, who will advance for her party unopposed.
Republican candidates spent tens of millions of dollars in an attempt to stand out in their crowded pack. The primary race also featured four televised debates, including a chaotic final display on April 24.
U.S. Senate
Two Democrats are vying for the chance to replace Braun in the U.S. Senate: Former state Rep. Marc Carmichael and Valerie McCray, a clinical psychologist.
Carmichael has outspent McCray in the race by a margin of nearly $63,000 to $15,000.
Both are attempting to become the state’s first Democratic senator since Joe Donnelly’s election in 2012.
Rep. Jim Banks is running unopposed in the Republican primary.
3rd Congressional District
Banks’ entry into the Senate race leaves his seat in Congress open, and a bevy of Republicans are seeking to replace him: Grant Bucher, Wendy Davis, Mike Felker, Jon Kenworthy, Tim Smith, Marlin A. Stutzman, Eric Whalen and Andy Zay.
State Affairs has identified Stutzman, a former congressman; Smith, a self-funding former Fort Wayne mayoral candidate; and Davis, a former Allen County judge, as candidates to watch in the crowded race.
Kiley Adolph and Phil Goss are running against one another in the Democratic primary.
5th Congressional District
After initially deciding against another run, Republican Rep. Victoria Spartz reversed course to seek re-election in 2024.
Eight other Republicans are running against Spartz: Raju Chinthala, Max Engling, Chuck Goodrich, Mark Hurt, Patrick Malayter, Matthew Peiffer, L.D. Powell and Larry L. Savage Jr.
Goodrich, a member of the Indiana House of Representatives, has spent more than $2 million on TV ads as he seeks to unseat Spartz, according to AdImpact.
Two Democrats, Ryan Pfenninger and Deborah A. Pickett, are on the ballot.
6th Congressional District
Seven Republicans are attempting to replace retiring Rep. Greg Pence: Jamison E. Carrier, Darin Childress, Bill Frazier, John Jacob, state Sen. Jeff Raatz, Jefferson Shreve and state Rep. Mike Speedy.
Shreve, who ran unsuccessfully for Indianapolis mayor in 2023, has spent nearly $4 million — predominantly through TV advertising — in his bid.
Cynthia Wirth, whom Pence defeated by 35 percentage points in 2022, is running unopposed in the Democratic primary.
8th Congressional District
Republican Rep. Larry Bucshon is also retiring, and a dozen candidates in both parties are seeking to fill his seat.
On the Republican side, former Rep. John Hostettler, state Sen. Mark Messmer, former President Donald Trump White House staff member Dominick Kavanaugh and frequent Bucshon primary challenger Richard Moss are each making a push.
Fellow Republicans Jim Case, Jeremy Heath, Luke Misner and Kristi Risk are also running but trail the above pack in campaign spending.
Four Democrats are also seeking a nomination: Erik Hurt, Peter FH Priest II, Edward Upton Sein and Michael Talarzyk.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
State Republicans keep spending to protect House incumbents in primary
House Speaker Todd Huston expressed confidence Tuesday that Republican House members will prevail over challengers in next week’s primary. Nineteen of the 63 House Republicans seeking reelection this year are facing primary races. Those challenges have been lower-key than two years ago when about two dozen candidates seized on COVID-19 discontent and other issues in …