A 22-year-old Norfolk man who flashed a modified handgun with a 50-round drum magazine during an argument inside a store has pleaded guilty to possessing a machine gun.
Bryan Hernandez was arrested on October 4, 2024, after brandishing the illegal firearm during a confrontation with another patron inside a store on East Virginia Beach Boulevard. When Norfolk police arrived, Hernandez first denied having a weapon but admitted to carrying one after officers informed him they would frisk him.
The weapon they recovered—a 9mm Glock modified with an illegal auto sear—was anything but standard. It also had a high-capacity 50-round drum magazine. Under Virginia law, adding an auto sear to a semi-automatic handgun turns it into a machine gun, making possession a felony outside of extremely limited exceptions.
Hernandez had no prior criminal record. But the weapon he carried, according to authorities, significantly escalated the seriousness of the case.
“Mr. Hernandez, armed with an automatic weapon and a fifty-round magazine, posed a threat to the community,” said Norfolk Commonwealth’s Attorney Ramin Fatehi. “Now, as a convicted felon, he has forfeited his right to carry a gun.”
Hernandez pleaded guilty to the machine gun charge on May 19. In exchange, prosecutors dropped several related charges. His plea agreement does not include a set sentence—Judge Robert B. Rigney will determine whether Hernandez serves up to six months in jail when sentencing takes place in September, after reviewing his pre-sentence report.
Fatehi emphasized the growing concern over illegal auto sears, which have surged in availability and use across the country in recent years.
“Auto sears turn an already-dangerous handgun into a machine gun,” Fatehi said. “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.”