Understanding the Permissibility of Binary Triggers in PA

Binary Triggers: What Are They?

As with legal definitions for many firearm-related devices and accessories, the legal definition for a binary trigger varies according to the jurisdiction in question. For the most part, definitions center around bureaucratic distinctions between "semi-automatic" and "fully automatic" firearms. In practical, as opposed to legal, terms, however, a binary trigger does not have any difference in operating mode from a standard semi-automatic trigger, like a GLOCK trigger.
For legal purposes, a binary trigger operates in one of two ways. One is a two-stage pull similar in concept to a standard trigger with external trigger enhancement components that trade pre-existing pull weight for a second round pull. In legal terms, that second pull is one of the binary trigger’s two modes of operation, during which the weapon is fired (in theory) on the release of the trigger rather than on pulling it a second time. Because "release" is the key term, such a device (under legal definitions) takes it out of the realm of "machine guns" under the Gun Control Act of 1968 .
The other occurs when a weapon possesses an inherent trigger pull weight that is light enough to allow for a rate of fire fast enough to allow the shooter to achieve the second pull function without any modification whatsoever. As with the two-stage pull variation, the other mode of the binary trigger occurs on the release, at which point, the weapon fires a second time without preemptory modification of the trigger. For example, if the pre-pull trigger weight is 3 pounds, when the trigger release occurs the weapon will fire a second time at a four pound release pull. Again, because "release" is the operative term, this means a "binary trigger" is not a "machine gun."
As a result of their two-mode operation, binary triggers are popular among firearm enthusiasts because they have a strong resemblance to fully automatic weapons, while not being capable of full automatic fire. For gun owners, who may be unable to legally obtain fully automatic weapons because of state laws or other reasons, binary triggers are a means to simulate such a feature. As one commentator put it, binary triggers are popular, "like a catapult is to a bow & arrow." In other words, they’re a "fun-factor" component.

Federal Guidelines on Binary Triggers

While there is no specific federal law legalizing or prohibiting binary triggers, these types of devices likely fall under the federal definition of a machinegun per the National Firearms Act (NFA). The NFA defines a machinegun as, "any weapon which shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger."
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) clarifies that a firearm is "automatically…dependent on a single function of the trigger." ATF also recognizes that a machinegun consists of a semiautomatic firearm "that has been altered or converted so that it fires more than one shot automatically, without manual reloading, by a single function of the trigger?"
ATF’s position is that once a binary trigger is set to the "fast" position, it can no longer be used in the semiautomatic mode, and generally functions as a machinegun, firing one round when the trigger is pulled and another round as a result of resetting the trigger with the gun’s movement.
Accordingly, the ATF has found that "shooting an ATF Form 1-approved firearm with a bump firing device in semi-automatic mode, followed by one shot fired in automatic mode, could indicate the shooter’s intent to fire an otherwise federally regulated machinegun."

State Regulations: Pennsylvania

In Pennsylvania, binary triggers are allowed to be used with AR-15 rifles. However, Pennsylvanian gun owners should not believe that binary triggers are completely unregulated in the Commonwealth. In December of 2018, the Governor signed into law an amendment to Title 18 of the Pennsylvania Consolidated Statutes that amended the categories of prohibited offensive weapons to include a "Feather," defined as:
The term "Feather" shall include any trigger crank type device, sometimes referred to as "bump fire" or rapid-fire trigger device that increases the rate of fire of a semiautomatic firearm."
Within Pennsylvania, a Feather is prohibited from being manufactured, sold, purchased or transferred. In theory, Feather is a term that only applies to bump stocks and replacement triggers like bump fire, crank, or binary triggers and adherent trigger cranks. However, this definition does not mention attachment devices for such triggers, which still makes this law somewhat ambiguous. For instance, it is not clear if items like the Franklin Armory Binary Firing System™ ("BFS®") that facilitates the use of a binary trigger is prohibited by this law. Clearly, an adherent semi-automatic trigger crank is covered by the prohibition but the same may not be said for a device that allows for the use of a binary trigger.
Essentially, the law states that it is unlawful to purchase or transfer a Feather. If you owned a Feather prior to December 12, 2018, you were allowed to register these devices with the state police. There is also an exception that allows for those possessing a Feather as part of a gun trust under the authority of 18 Pa.C.S. § 6111.2(a) to continue to possess the Feather so long as it remains in the possession of the gun trust. The law does not make it illegal for anybody possessing a Feather prior to December 12, 2018 to continue using the device, just to sell or transfer it.

Legal Consequences for Possessing Binary Triggers in Pennsylvania

It is with pleasure that I expound on the subject further, but know that there may be other consequences to owning this piece of equipment that, under the vagaries of the law, can get you into a heap of trouble.
The first thing that you need to be aware of is that if you buy one of these devices, and install it in an automatic rifle, because it functions in the same manner as a machine gun, you may be guilty of possession of an illegal machine gun under the law.
Think of it this way…you are in possession of an automatic firearm. What comes next is the desire to have a device to enable you to pull the trigger multiple times with a single pull of the trigger…this is where that binary trigger package comes into play. By possessing a binary trigger mechanism on an automatic firearm, it’s solely your responsibility that you were aware of the law’s prohibition against possessing such a mechanism.
Furthermore, if you later decide to sell that binary mechanism separately from your automatic firearm, you are potentially committing a Federal crime. To violate the National Firearms Act ("NFA") you must be found in possession of a NFA firearm or concealed firearm that exceeds the legal limits for overall weight or length or exceeds the number of rounds allowed in a magazine. This is a Federal law, so you would potentially be guilty not only of possession of a machine gun (which is State), but also a Federal crime. This is an important distinction to remember when dealing with situations involving legal firearms under State law. I think you need to remember that the right to bear arms is not absolute. It does not include the right to own every type of firearm. This is evident by the cases brought before the U.S. Supreme Court where it has been ruled rational and permissible to limit the types of firearms that may be owned (i.e. fully automatic firearms that fire more than 1 shot when the trigger is pulled) under the Second Amendment to the U.S. Constitution and under the prevailing law in the Commonwealth of Pennsylvania.

Recent Case Law Regarding Binary Triggers

In recent years, there have been a number of legal cases in Pennsylvania that have involved binary triggers. One notable case is the Commonwealth v. Thomas, in which a defendant was charged with prohibited possession of firearms and ammunition after being found in possession of a modified AR-15 rifle with a binary trigger. The court ultimately found him guilty of the charges, holding that the use of such a trigger did not constitute lawful possession of a firearm under Pennsylvania law. In another case, Commonwealth v. Brubaker, the defendant was charged with possessing an unregistered firearm after he was found in possession of an unregistered Smith & Wesson M&P-15 rifle with a binary trigger. The court ultimately granted the defendant’s motion to suppress the evidence , holding that the search and seizure of the rifle was unlawful and violated the defendant’s Fourth Amendment rights. These cases highlight the importance of understanding the legality of binary triggers and how they may be interpreted by the courts. In Pennsylvania, it is clear that the use of such triggers does not necessarily constitute lawful possession of a firearm. However, as the Brubaker case demonstrates, police officers may overlook the use of such triggers when conducting searches and seizures. Gun owners should therefore be aware of the potential legal implications of using binary triggers and take steps to ensure that they are in compliance with the law.

Opinions and Expert Perspectives

R. Andrew Branca, attorney and the host of Legally Speaking on Self Defense, is a well-known contributor to our Understanding PCCs site. He believes that "The issue of whether or not binary triggers do indeed operate in the same way as a full-auto trigger is a factual question. Experts will have to weigh in on the differences. It is clearly within the ATF’s regulatory authority to decide to regulate binary triggers consistent with its other full-auto regulation. But given that we have a Second Amendment right to bear arms, it is also my belief that a legislative branch makes such a decision."
"When a trigger control device is effectively converting a rifle from semi-automatic to fully automatic—uncontrolled bursts of fire—it will be illegal for that ammunition to be sold for use with that weapon at the federal level," said Dave Workman, senior editor of TheGunMag.com, and an editor at The Outdoor Wire Digital Network, which supports 11 online magazines, with a dozen apps on iTunes, and Apple News channel.
"It doesn’t matter if this device is a ‘double’ trigger, or a ‘push to fire’ device. It won’t matter if somebody wants to call it a binary trigger or not, because when you pull the trigger, at least two rounds of ammunition can be fired. Based on the current language of the National Firearms Act and the regulations supporting it, using a device like this in combination with any general-purpose ammunition sold by any manufacturer to convert a firearm to fire at least two rounds in rapid succession at the shooter’s command, would be a crime," he added.
"The more responsible course of action is for the ATF to re-review the guidelines and ultimately re-categorize binary triggers as illegal under NFA," explained Dave Hardy, an attorney with Gura & Gura, an NRA Board member, and the man behind the blog The Smallest Minority. "Of course, that would require someone at the ATF to accept responsibility for a politically-unpopular decision, which agency employees are unlikely to do—I mean, which ATF bureaucrat would stick their neck out to explain why the NFA should be expanded to preclude a common consumer product, when they already took criticism for keeping regulated what was thought to be a common consumer product?"
According to James Healey, the Firearm Blog editor, "It is a good thing for [the Bureau of Alcohol, Tobacco, Firearms and Explosives’] (ATF) to look again at a recent classification of binary triggers as not in violation of the National Firearms Act. It may need guidance from the courts if conflicting opinions arise."

Tips for Gun Owners

If you own or are considering acquiring a binary trigger, it is important to determine whether you can legally possess it in your state of residence and the states to which you will travel or use it, including states that have reciprocity agreements with your home state. Remember that the primary purpose of a binary trigger is to facilitate shooting .22 caliber ammunition at an inexpensive cost. Binary triggers may only be used in rifles and pistols. That means shotguns , lever-action rifles and revolvers are unlawful to use with binary triggers even though some manufacturers will sell binary triggers for these other firearms. Binary triggers for rifles and pistols should be acceptable in every state of the country for people without a criminal record who are at least 18 years of age, provided that the binary trigger is used for its intended designed purpose and nothing else.