A single traffic stop on Interstate 40 turned into a federal case that may send a rising rapper to prison — and the device at the center of it is one that Texas prosecutors are seeing more and more: a so-called “switch.” At L & L Law Group, PLLC, we use this national story to explain how machine-gun conversion devices and marijuana-distribution charges are treated under both federal law and Texas law, and what a defendant in Frisco or Dallas would actually face.
What Happened
Stockton, California rapper EBK Jaaybo, born Jaymani Gorman, pleaded guilty on June 4, 2026, in the U.S. District Court for the Eastern District of Arkansas to possession of a machine gun and possession with intent to distribute marijuana, according to reporting by XXL. His codefendant, Xavier “Baby Maxx” Jones, pleaded guilty to the same two charges. The case traces back to a May 2025 traffic stop on I-40 in Arkansas, where state police reported finding a Glock pistol fitted with a machine-gun conversion device, roughly five ounces of marijuana, and $8,534 in cash.
As AllHipHop reported, the plea deal led prosecutors to drop several other counts the rapper originally faced — including possession of a firearm by a felon and transporting a firearm across state lines while under indictment. The machine-gun count alone carries up to 10 years in federal prison. Sentencing has not yet been scheduled, and both men remain in custody.
This is L & L Law Group’s legal commentary on a national news story. We do not represent anyone involved, and nothing here is a prediction about that case.
What Is a “Switch” — and Why It Matters
A “switch” (also called a machine-gun conversion device, an auto sear, or a “Glock switch”) is a small part that converts a semi-automatic handgun into a fully automatic weapon capable of firing many rounds with a single trigger pull. Under federal law, that device is itself legally a machine gun under the National Firearms Act — meaning mere possession of the part, even without the gun, is a federal felony punishable by up to 10 years. This is exactly the count that drives the EBK Jaaybo case.
How Texas Treats Conversion Devices and Auto Weapons
Texas law reaches the same conduct through Texas Penal Code § 46.05, which makes it a crime to possess, manufacture, transport, repair, or sell a prohibited weapon — a category that includes machine guns and the components designed to convert a firearm into one. In Texas:
- Possession of a machine gun or a conversion device under § 46.05 is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000.
- Texas tracks the federal definition closely — if a device makes a firearm fire automatically, it is treated as a machine gun regardless of how small the part is.
- Because these devices are also illegal federally, the same set of facts can be charged in either state district court or federal court — and increasingly, “switch” cases in North Texas are picked up by the U.S. Attorney’s Office because federal penalties and detention rules are tougher.
The Marijuana-Distribution Count in Texas
The second charge — possession of marijuana with intent to distribute — would look very different in a Texas state court than in the federal system. Under Texas Health & Safety Code § 481.120, delivery or possession-with-intent of marijuana is graded by weight:
- Five ounces is roughly 140 grams — placing it in the more than 1/4 ounce up to 5 pounds tier, a state jail felony (180 days to 2 years) when there is intent to deliver.
- Texas prosecutors infer “intent to distribute” from circumstantial evidence — quantity, packaging, scales, large amounts of cash, and the presence of a firearm. The $8,534 in cash and the weapon in this scenario are exactly the kind of evidence the State would point to.
- A firearm found alongside drugs can trigger a deadly-weapon finding, which restricts parole eligibility and hardens sentencing in Texas state court.
Why the Federal vs. State Choice Is Everything
The single most important factor in a gun-and-drug case is which courthouse hears it. A “switch” that might be a third-degree state felony in Collin County becomes a far more serious matter in federal court, where machine-gun and drug-trafficking counts can stack and where there is no parole. Federal pretrial detention is also harder to beat. For a North Texas defendant, the early question is always whether the case stays with the local District Attorney or gets adopted by the Northern District of Texas — and that decision can swing the realistic outcome by years.
Common Defenses in a Gun-and-Drug Case
- The traffic stop and search. Was there a lawful basis to stop the car, and did the search exceed its scope? An illegal stop or search can lead to suppression of the gun, the drugs, and the cash — often gutting the case.
- Possession and knowledge. The State must prove the defendant knowingly possessed the device and the drugs. In a car with multiple occupants, “whose was it?” is a real and frequently winnable issue.
- Intent to distribute. Quantity consistent with personal use, with no packaging or distribution paraphernalia, can defeat the “intent” element and drop the charge to simple possession.
- The conversion device itself. Whether a part actually functions to make a firearm fire automatically is a technical, expert-driven question — not every alleged “switch” meets the legal definition.
Frequently Asked Questions
Is a “Glock switch” illegal in Texas?
Yes. A device that converts a semi-automatic firearm to fully automatic is treated as a machine gun under both federal law and Texas Penal Code § 46.05. Possessing one is a felony in Texas and can also be charged federally.
How much prison time does a machine-gun charge carry?
Under Texas law, possession of a prohibited weapon like a machine gun is generally a third-degree felony (2 to 10 years). In federal court, a machine-gun count can carry up to 10 years on its own, and federal sentences have no parole.
Can I be charged with intent to distribute for five ounces of marijuana in Texas?
Yes. Texas grades marijuana delivery by weight, and roughly five ounces falls into a state-jail-felony tier when there is intent to deliver. Prosecutors infer intent from packaging, scales, cash, and the presence of a firearm.
Why would a gun-and-drug case be filed in federal court instead of state court?
Federal prosecutors often adopt cases involving machine-gun conversion devices or drug trafficking because federal penalties are higher, counts can stack, there is no parole, and pretrial release is harder to obtain. The charging decision can dramatically change the exposure.
How L & L Law Group Can Help
Gun-and-drug cases turn on the stop, the search, and who actually possessed what — and on the critical question of whether the case stays in state court or goes federal. At L & L Law Group, PLLC, we defend clients in Frisco, Collin County, Dallas County, and throughout North Texas against weapons charges, prohibited-weapon allegations under § 46.05, marijuana and drug-distribution charges, and federal firearm prosecutions. If you or a loved one is facing a gun or drug charge — especially one involving an alleged conversion device — the earliest decisions matter most. Call us at (972) 370-5060 for a confidential consultation.