25-year-old Dietrich Perkins has had his initial hearing in Elkhart County Circuit Court.
Perkins was arrested on a charge of possession of a machine gun after being pulled over by Elkhart Police for not having tail lights on his vehicle around 10:18 p.m. on March 20.
The officer claimed to have smelled marijuana and asked Perkins to exit the vehicle, which Perkins questioned. Documents say Perkins kept asking to reach down toward the floor board where said he had dropped his phone, but the officer refused and had him step out of the vehicle.
Officers found a 9mm handgun with a magazine inserted and a Glock switch. Officers confirmed that a phone had fallen onto the floor board, but Perkins told police that he was hesitant to exit the vehicle due to the weapon being in the car.
The Goshen News says he told police he recently traded another firearm for the Glock 17 but did not know it was illegal to have. His jury trial is scheduled for December 2.
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The Heller SCOTUS decision ruled that weapons in “common use” are protected the the 2nd Amendment and could not be regulated out of existence.
I think there are enough Glock switches out there to be considered “in common use” and thus protected by Heller. It’s time to abolish the poorly named 1984 “Firearm Owners’ Protection Act” which did nothing to protect Firearm Owners, but did gut the 2nd Amendment. One good court case ought to do it!