What is a Binary Trigger?
Binary triggers operate by enabling a round to be fired upon the mere release of the finger as well as upon pulling the trigger. When installed on a firearm, the mechanism allows it to fire one round when the trigger is pulled and then another when the trigger is released. The result is that one squeeze of the trigger will cause two shots to be fired in rapid succession, creating a near-similar effect to that of an automatic weapon. As such, many firearms enthusiasts turn to binary triggers to replicate the sound, feel, and recoil of automatic fire, without the legal restrictions generally applied to machine guns and full-autos .
Based on the fact that binary triggers fire only one round with the pulling of the trigger and one additional round upon release, some argue that it is legal to use them as it does not equate to "automatic fire." Others argue that the rapid-fire sequence achieved by a binary trigger results in an automatic-like function that effectively mimics the firing pattern of an automatic weapon, and that this should have a similar impact as the grandfathered auto-sear.
Binary Triggers and Federal Gun Laws
At the federal level, binary triggers for semi-automatic rifles are not strictly regulated. Since the National Firearms Act defines a machine gun as "Any weapon designed to shoot, or that can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger," a trigger system such as the Franklin Armory XVII 10/22 Tactical FRT8463 and others like it would not seem to fall under this definition—though what exactly constitutes "automatic" can be up for debate.
The Bureau of Alcohol, Tobacco, Firearms, Explosives and Dangerous Weapons (ATF), through the ATF’s Legal Policy and Procedure Committee has written several open letters discussing their opinions on binary triggers and other trigger mechanisms in the context of federal gun laws. In these letters, the ATF reviewed designs of trigger systems such as the Echo Trigger by Franklin Armory and the Slide Fire SSAR-15 OGR and essentially concluded the same thing: if a trigger system is not mechanically actuated, then it’s legal under federal law.
In the case of the Echo Trigger, the reviewers said the following: "After a complete and thorough review of the design features described in your correspondence, we have determined that while the Trigger System does not have mechanical actuators, it does have a lever actuated by the forward movement (the "Reset" feature). When the Trigger System’s lever is depressed to the rear, it will cause the rifle to fire one round of ammunition. The rearward pull on the lever must be released in order to activate the Trigger System’s forward movement function. The Trigger System replaces the original trigger and hammer assembly with an electronically controlled, impulse-driven mechanism. . . . We conclude that the Echo Trigger System, as described in your correspondence, does not constitute a "machinegun" under the GCA and NFA. . . . Although we found the Echo Trigger System does not constitute a "machinegun," we express no opinion regarding the legality of any State or local laws or regulations that may prohibit the sale, transfer, or possession of such a device."
Why does it matter if a machine gun is actuated by another device? Because machine guns are heavily regulated under federal law. For example, an individual shall not receive a firearm through interstate commerce without having first notified the Attorney General of their intention to do so and having obtained the approval of the Attorney General to receive the firearm.
Gun and Binary Trigger Laws in Florida
As a relatively recent trend, gun experts in Florida are evaluating what defines "automatic" under the Florida statutes. In contrast to full-automatic – wherein one trigger pull results in multiple rounds – a binary trigger is considered semi-automatic because two trigger pulls are needed for the cycle of fire. Recent changes in the interpretation of Florida’s registration laws may lead to a decision by the Florida Supreme Court on the lawfulness of this hotly debated product.
Binary triggers are not listed by name in any of the Florida laws. In fact, are rather hard to come by in retail outlets. For these reasons, there were very few binary triggers registered with the Florida Department of Agriculture and Consumer Services ("FDACS"). This was until June 30, 2018, when the FDACS added binary triggers to the list of items that must be registered. Thus, potentially making owners of such triggers liable for a criminal conviction if implemented improperly. For many, this addition does not even make sense because these triggers are nothing more than a trigger upgrade kit, like many others offered for firearms in the market. These triggers and upgrades did not need any registration previously and neither would they need it now – especially since binary triggers cannot be operated by a single trigger pull. However, and obviously to those with guns in Florida, the state must regulate the guns’ components including the triggers, as they can be interchangeable. Therefore, any new regulation may apply to full-automatic triggers which were registered and can be exchanged for a binary trigger. This would mean that effective July 1, 2018, all Florida gun owners who have binary triggers must register them with the FDACS. And that, any Florida gun owners who do not register their binary triggers would be guilty of a Third Degree Felony as per Florida Statute §790.221. Binary triggers are set off by depressions of the trigger and the subsequent release of it. Reports show that some of these triggers can deposit three to five pounds of force on the trigger, which is used as a measure to allow the gun owner to control the speed in which rounds are fired. Whether or not a binary trigger is defined as automatic is yet to be decided by the Florida courts. There are only five other states which include binary triggers on their list of regulated firearm components: California, North Carolina, Massachusetts, Illinois and Alabama.
Gun Owner Implications
The question of legality concerning binary triggers is one that few people are aware of, and even fewer can actually answer definitively. As such, there are still a large number of misled Florida residents who do not realize that binary triggers are completely legal and posses them without any concern whatsoever. It is, however, still worth knowing what the potential legal consequences for Florida residents who own binary triggers are.
As it sits, there are no laws or regulations concerning the ownership of binary triggers in the state of Florida. The only potential legal issues that may arise stem from the misuse of the binary trigger, which is a completely different issue unto itself. For Florida residents, this means that even though there may be penalties associated with misuse of a firearm that had a binary trigger, there are still no real legal penalties or ramifications in general for the ownership of the binary trigger .
When it comes to many other states throughout the country, there are numerous different laws and regulations concerning binary triggers. These laws and regulations can range from outright ban in some states to even just simple registration requirements for other states. If you are a gun owner or potential gun owner, you may want to look up what your state of residence’s laws and regulations on binary triggers are to determine whether or not you could face any sort of penalties if you already own or wish to buy a firearm with a binary trigger.
At this point in time, Florida does not impose any fines or penalties for owning or using binary triggers. Binary triggers are completely legal for people in the state of Florida to possess, and people who do possess them should not have anything to worry about from a legal standpoint. If you are looking to purchase a firearm that has a binary trigger, then you can proceed without any issue, as everything concerning the binary trigger is fully legal.
Public Safety and Binary Triggers
As public sentiment has turned against binary triggers, gun opponents have argued from a public safety standpoint. One area of concern is the ability of a seized trigger to be modified and put back into operation once returned to the owner. Opponents contend that this "restoration" of semiautomatic modifications or even conversion of other triggers to allow an automatic function under the control of the owner has occurred in the past. Further, opponents think that gun retailers should not sell binary triggers "because nobody actually knows how they work." Some opponents think that binary triggers can be manufactured, retrofitted, or converted from existing firearms, but cannot opine on whether this is actually done.
Proponents have also argued that there is no public safety risk because they choose binary triggers that they deem to be safe. Further, proponents have indicated that legislation prohibiting binary triggers will force them to purchase them in states with fewer restrictions, leading to increased transportation across state lines, which may be a greater public safety risk.
Future of Binary Triggers in Florida
The potential future of binary trigger legislation in Florida is murky at best. With the current political climate in the state and across the nation, any move to further regulate firearm accessories such as binary triggers is likely to meet with strong opposition from Second Amendment advocates and gun owners in Florida. However, gun control advocates in the state are also eager to see their agenda advanced in the wake of a number of mass shooting events.
As the 2019 legislative session gets underway, it remains to be seen how, or whether, lawmakers will address the issue . For some legislators, banning binary triggers may be a high priority. Other Floridians, however, are focused on other issues. Gun control legislation may continue to be a low priority for lawmakers in Florida despite increased pressure following mass shooting events.
It is reasonable to assume that any regression in gun rights will be resisted by Second Amendment groups. Gun owners in the state may resist any efforts to ban binary trigger accessories, which are currently legal in Florida and many other places across the country.