Bryan Hernandez, a 22-year-old resident of Norfolk, Virginia, has pleaded guilty to possessing a machine gun. The plea follows an incident last year when Hernandez brandished a handgun equipped with an illegal auto sear and extended magazine inside a store.
The event occurred around 5:30 p.m. on October 4th at a store located in the 5600 block of East Virginia Beach Boulevard. Hernandez was involved in an argument with another patron and revealed a firearm tucked in his pants. The patron notified Norfolk Police, who arrived shortly after. Initially denying possession of a weapon, Hernandez eventually admitted he was armed after police informed him they would frisk him for a gun.
Police detained Hernandez and confiscated a 9mm Glock semi-automatic pistol equipped with an illegal switch and a 50-round drum magazine. Under Virginia law, handguns modified with switches qualify as machine guns due to their capability to fire multiple rounds with one trigger pull. Consequently, police charged Hernandez with several firearm-related felonies and misdemeanors.
On May 19th, Hernandez agreed to plead guilty to possessing a machine gun. In exchange for his plea, the Commonwealth agreed to dismiss secondary charges against him. Judge Robert B. Rigney deferred acceptance of the plea agreement pending review of Hernandez’s pre-sentence report on September 18th.
“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,” stated Commonwealth’s Attorney Ramin Fatehi. He added that Hernandez posed “a threat to the community” and emphasized the focus on prosecuting similar cases where public safety is at risk.
Senior Assistant Commonwealth’s Attorney Shavaughn N. Banks is handling the prosecution, while Norfolk Police Detective Ryan D. Newcome led the investigation.
