How Binary Triggers Work
Binary triggers are a relatively new technology that have become quite popular within the firearm community, attracting the attention of both enthusiasts and lawmakers. A binary trigger is a type of firing mechanism for semi-automatic firearms that allows for a round to be fired upon the pull of the trigger like one would in a single-shot or semi-automatic firearm, but also enables a second gunshot to be fired upon the release of the trigger. Essentially, this means that you can pull the trigger to fire one round and then release the trigger as you would normally would, but the release of the trigger fires an additional second round.
Most binary triggers utilize a three-position trigger. With the trigger in the up position, the trigger operates normally, requiring the trigger to be pulled to fire one round. With the trigger in the middle position, the shooter cannot fire the gun until the paddle to the right side of the trigger is depressed. With the trigger in the down position, the standard binary trigger, also known as a "first round bang, second round bang", becomes fully functional, resulting in a round being fired both on the pull and the release of the trigger. Because they are binary triggers, which are similar to bump triggers, they operate similarly to bump fires, though they can be adjusted so that they do not mimic the operation of automatic firearms , which is a requirement in Michigan.
The purpose of a binary trigger is to allow a shooter to more rapidly fire multiple shots from a semi-automatic firearm without having to acquire the target after each shot. By allowing the release of the trigger to fire a second shot, the shooter keeps their finger on the trigger and both hands firmly on the firearm, allowing for a greater degree of accuracy. However, binary triggers also allow for a much more rapid rate of fire, which has drawn the ire of both politicians and law enforcement.
Because of their popularity and controversy, Michigan’s law enforcement and legislative groups have worked to better educate themselves as to their definition, use, and legality, with Police Officers training among other law enforcement agencies have provided different levels of instruction on the definition of a binary trigger. At the same time, state lawmakers have attempted to introduce bills which would either ban binary triggers and force those with existing triggers to either attempt to modify or remove the devices from their firearms, or require that all existing binary triggers be registered with the state, which would mirror microstamping requirements. Neither of these bills have made it into committee for debate, but similar bills have served as a warning that binary triggers in Michigan are still a point of contention.
Federal Regulations on Binary Triggers
On the federal level, non-automatic binary triggers are legal. Federal regulations regarding firearms come from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), an agency of the United States Department of Justice. In 2017, the ATF issued a ruling on binary triggers, clarifying their legal status. The ATF determined that activating a binary trigger results in two independent "pulls of the trigger." An individual pull of the trigger, defined by the Gun Control Act of 1968 (as well as multiple other acts of Congress), is never considered automatic. Therefore, binary triggers do not facilitate automatic firing (as they only fire one bullet per trigger pull). It is important to understand the definition of "semi-automatic" firearm when looking at this legal determination to ensure proper spacing and comply with local laws. According to the Gun Control Act, "the term ‘semi-automatic’ means any firearm which automatically loads a cartridge or shell into the firing chamber and, part of the firing cycle, will fire a single shot without manual manipulation of the trigger." Importantly, the ATF determined that the manufacturing process of binary triggers "does not cause a firearm to be automatically firing the ammunition fed into the firing chamber." The impact for binary trigger owners in Michigan is that most designs of binary triggers will be legal throughout the United States.
State Regulations on Binary Triggers in Michigan
The Michigan Penal Code addresses the issue of "automatic weapons" under MCL 750.224. Under the code, an automatic weapon is defined as "any firearm or other weapon, which is capable of automatically firing more than 1 shot without manual reloading, by a single function of the trigger." This definition includes "any combination of parts from which a firearm described in this subdivision may be assembled." As binary triggers operate by firing one round per each distinct pull of the trigger (an operation often referred to as "bump firing"), whether these devices fall within the statutory definition of an automatic weapon is largely a question of semantics. A binary trigger requires a single function of the trigger to fire a round, however, it is the action of releasing the trigger that produces the second round fired rather than a mechanical reset. While binary triggers do not appear to meet the literal definition of an automatic weapon under the penal code, some law enforcement officials have informed citizens that it is their interpretation that such devices are device banned within the state of Michigan. Whatever the interpretative problems with binary triggers may be, until a definitive statutory ban exists (or does not exist) on binary triggers, they remain in a grey area that has yet to be fully explored by courts in the state.
Comparison of Michigan Law with Other States
When examining Michigan’s laws on binary triggers, a comparison of those laws with other state’s laws regarding binary triggers is important. Most states have not yet adopted any laws that specifically address the use or legality of binary triggers. For example, Colorado has no laws that specifically mention binary triggers. Nevertheless, Colorado’s laws generally prohibit the use of "automatic firearms," which it describes as any "weapon that shoots, rapidly discharges a shot or multiple shots of ammunition . . .single function of the trigger pull, . . . [and] includes devices such as bump-fire stocks, trigger cranks and tumble stock." Some states generally prohibit the possession, use or sale of semi-automatic weapons, which have a high fire rate. Other states have stricter requirements for owners of semi-automatic weapons and other weapons that have a high fire rate.
Any laws containing a broad prohibition of any weapons that shoot, discharge, or launch ammunition at a high rate of speed should generally be examined when analyzing whether binary triggers are prohibited in a particular state. Outlier states include Minnesota, where no specific prohibition exists for "bump fire stocks," and California, where binary triggers are classified as assault weapons. This is similar to Illinois’ recent ban on "assault weapons," which categorizes binary triggers as assault weapons. California laws concerning assault weapons apply to both residents and non-residents who travel into California with a firearm classified as an assault weapon and binary trigger. If you are traveling in, or out of, California with a binary trigger, it is important to understand that the California laws apply to both residents and non-residents, meaning anyone that travels into or through California with a binary trigger may be violating the law unless the binary trigger is permanently modified to prevent operation in a semi-automatic mode.
Another state with more restrictive laws on binary triggers is Massachusetts. Any weapon that has any automatic or semi-automatic firing capacity or that uses so-called "any part ot parts combination of parts" designed to convert a weapon into an automatic weapon is prohibited under Massachusetts law. Such a ban arguably reaches binary triggers.
Other states, such as North Carolina, allow the possession of binary triggers and other similar devices, provided that they are registered in such a state. These states are few and far between, and it is unclear whether that number will increase now that the ATF has changed its position on binary triggers and other similar devices.
Legal Ramifications and Enforcement
The legal consequences for an individual who fails to comply with the temporary rule are that the individual may be cited by law enforcement agencies for possessing or using a banned trigger activator to discharge a firearm. As of February 19, 2018, these triggers are banned in Michigan unless the individual has lawfully registered for an exception.
Past violations of Michigan’s ban on machine guns and automatic weapons indicate that the penalties for violations may be substantial, even if the trigger was possessed before the deadline. The past violations are not binding precedent but may provide some guidance regarding penalties for violations of the prohibition on binary triggers. Article 2 of the Penal Code, MCL 750.531 et seq., governs violations of laws against automatic weapons and machine guns. The penalties for a violation in Michigan are steep . For example, possession of a machine gun under MCL 750.223 prohibited the individual from possessing, purchasing, selling or receiving a machine gun in Michigan. A violation of that statute was a felony, ranging from two to five years in prison, with up to a $5,000, in addition to forfeiture of the machine gun (MCL 750.223). This is similar to the prohibition in Section 5a against possession, usage or transfer of a binary trigger system, though it is unknown whether virtually every past binary trigger system will be considered obsolete by law enforcement or courts and thus, whether possession of a binary trigger would be deemed felony and illegal even if possessed by the June 30, 2018 deadline. However, the past violations signal to law enforcement agencies and the Courts that any possession, usage or transfer of a binary trigger should be enforced as a felony.
Advocacy and Public Sentiment
In considering the legal issues surrounding binary triggers, public opinion and concerns expressed by advocacy groups play a significant role in influencing the direction of potential legal challenges and legislative actions. Gun rights advocates argue that binary triggers are a "reasonable modification" that provides a unique and beneficial feature for gun enthusiasts. They often highlight the fact that binary triggers simply mimic important aspects of bump stock functionality: the ability to fire rounds more rapidly than a traditional semi-automatic firearm. This modification, they argue, allows gun owners to have a safe and controlled shooting experience without engaging in dangerous tactics like rapid trigger pull firing. These groups resist any legal attempts at banning binary triggers, which they consider another infringement on their Second Amendment rights.
Contrasting with these gun rights proponents are public safety advocacy groups that have taken a strong stance against the public sale and use of binary triggers. They argue that this accessory will be misused by "bad actors," and could be more widely utilized as "bump stocks" are outlawed in a growing number of jurisdictions. For these groups, the regulation of binary triggers will reduce the probability that future mass shootings in Michigan will occur using binary-triggered guns, like they recently did when a gunman shot and killed 12 victims in a shooting spree in California. This advocates in favor of regulating binary triggers hope that the Court of Appeals’ recent ruling would pave the way for laws like the ones enacted in New Jersey that regulate or prohibit binary triggers and similar accessories.
The opinions of these advocacy groups regarding binary trigger regulation in Michigan are particularly relevant because they reflect the views of the public and the considerations that the Michigan legislature will likely weigh when considering proposed legislation regarding this issue. While significant legal questions remain surrounding the use of binary triggers, it is clear that their regulation will continue to be divisive among gun rights advocates and others who continue to seek a safer society.
Tips for Owners and Enthusiasts
If you own or are considering purchasing a binary trigger here in Michigan , it is imperative that you stay abreast of the current state of the law and what is legal in your area of residence. If you are going to use an accessory then it is incumbent on the user to determine what is legal. The State of Michigan is one of many states over the last few years to enact regulations surrounding the use of binary triggers. With the flow of information readily available it is important to actively stay informed on what is legal and what is not. This requires research into the legality of binary triggers both in your home state and where you wish to travel to. It is easy to fall prey to a sales pitch that promises to keep you compliant with the law. Always check new purchases against the law yourself with reputable sources. When you attempt to purchase a binary trigger be sure to review all of the paperwork and signage provided by the point of sale person or business. Michigan law may require you to fill out a sales tracking report with the serial number and some personal information. There may also be required video monitoring of the sale of the binary trigger.