Understanding the Legality of Binary Triggers in Louisiana

Defining Binary Triggers

A "binary" trigger is a special aftermarket accessory installed in a firearm that allows the shooter to fire a projectile in response to two distinct actions – a pull of the trigger (the first half of a typical trigger pull) and a release of the trigger. It is an enhanced or modified version of a standard trigger. Standard triggers only permit the discharge of a projectile in response to an intentional pull of the firing mechanism by the operator (aka the shooter). Ordinarily, triggers also only permit the subsequent firing of another projectile only with a subsequent intentional pull of the firing mechanism by the shooter – i.e., shooting occurs one time for each intentional pull of the trigger, and no firing occurs without such an intentional pull . A binary trigger varies from a standard trigger only in that it allows a second type of intentional act to cause the release of a projectile. As its name implies, a binary trigger releases a projectile in response to two distinct acts: first, an initial intentional and controlled pull of the trigger, and second, a subsequent intentional release of the trigger. In other words, the first pull discharges one projectile, and the intentional release of the trigger discharges another projectile. No firing occurs if only one of these two intentional acts is completed, but firing does occur if the shooter completes both distinct intentional acts.

Gun Regulations in Louisiana

The state of Louisiana has a substantial history of gun-friendly legislation that extends to many of the firearm modifications advocated by state residents, such as the binary trigger. In fact, the state views gun ownership as an inalienable right protected by Article 1, Section 11 of the Louisiana State Constitution. As a part of its strong stances in favor of gun rights, Louisiana has maintained a fairly liberal stance concerning the rules and regulations regarding firearm modifications.
As discussed in Section 2, courts in Louisiana have interpreted the current law with a fairly comforting amount of deference toward firearm owners. Louisiana has never specifically addressed the legality of the binary trigger on its own. However, the circuit courts applying the state law have relied on the language of the legislation, along with the deference toward firearm owners, to broadly allow innovative firearm modifications. According to the Louisiana Supreme Court, "Restriction on communication between the judge and the jury is well established in our law. . . . However, where the law does not require of him such communication, he is at liberty, within the exercise of a sound discretion, to explain to the jury such matters connected with the case as he may deem material to a proper understanding of the cause." State v. DiMarino, 588 So. 2d 362, 368 (1991). If the state legislature does not expressly prohibit a modification or firearm part, states have no place in violating the constitutional right to bear arms.

Binary Triggers and Federal Law

The legality of binary triggers is not just a matter of state law. Federal regulations also come into play, particularly when it comes to the importation and manufacture of firearms with binary triggers.
Generally speaking, binary triggers are considered a substantial alteration to the shooter’s firearm. They are essentially add-ons that enhance the gun’s capacity to fire rounds – in at least two different ways. While some argue that these accessories do not significantly alter the gun or its overall function (and thus should be legal), it is hard to view things that way. Just as a suppressor (silencer) is a substantial alteration to the function of the gun, so too is a binary trigger.
Nonetheless, the ATF has determined that binary triggers are not necessarily illegal. Gears of Guns had sought a letter of opinion from the ATF to determine whether a binary trigger was a firearm in and of itself. The ATF responded in a letter stating that "a trigger does not have the potential to be readily available to expeditiously convert an existing firearm into a semi-automatic firearm." In plain English, the ATF basically stated that a binary trigger alone could not make a gun shoot in semi-automatic mode.
However, even if the ATF believes an accessory like a binary trigger does not affect the function of the gun enough to warrant an entirely new classification (and new regulations), gun owners still need to be aware of the expansive scope of federal gun regulations. The gun you purchase must comply with all federal regulations and state laws and regulations. Many people who own binary trigger rifles or shotguns may eventually find themselves in the crosshairs – state or federal – for possessing an accessory they believed was perfectly legal.
That’s because Louisiana is not the only state that has attempted to outlaw binary triggers. At least one other state has enacted gun accessory legislation in the past few years. In 2016, California passed Assembly Bill 1135, which redefined the term "assault weapon" to include semiautomatic centerfire rifles equipped with "disguised" magazines. An ammunition magazine is considered "disguised" if it is concealed or removed in a manner that makes it impossible to be detected by an outside observer. Essentially, anybody outfitting their rifles with magazines so they are not visible to onlookers are unknowingly violating California law.
Of course, there are many other types of gun accessories that are off-limits for gun owners. Just as adding something like a binary trigger can turn your gun into a weapon that falls under an entirely different set of scrutiny and legal requirements, other accessories can similarly alter its legal status. Converting traditional muzzle loaders to otherwise conceal them also violates certain provisions of federal law.
For an accessory as dangerous as a binary trigger, there is little doubt that the accessory falls under federal gun regulations. If you have committed an offense due to your use, possession, or modification of binary triggers, it is recommended you consult an attorney.

Legal Implications and Enforcement

Potential legal consequences of possessing or using binary triggers without FFL/ATF approval are potentially dire. As mentioned, binary triggers are classified as machine guns under federal law, and Louisiana does not have its own definition for a machine gun. Federal law, 26 U.S.C. § 5845(b), defines a machine gun as:
• Any weapon which shoots, is designed to shoot, or can readily be restored to shoot more than one shot, without manual reloading, by a single function of the trigger; and
• The frame or receiver of any such weapon; and
• Any part designed and intended solely and exclusively, or combination of parts, for use in converting a weapon into a machine gun; and
• Any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
If you lawfully possess a binary trigger, then possessed a firearm with a binary trigger installed on it , then for Louisiana state law purposes you possessed a machine gun (and are not entitled to the exceptions that apply to firearms manufactured before 1986) and must a) have that firearm registered in the National Firearms Registration and Transfer Record under the 1934 Gun Control Act and its 1986 amendment; or b) be able to show that the binary trigger was purchased by you and, if applicable, purchased as a kit (not already assembled) and only constituted an illegal machine gun that is not registered if assembled without being transferred as an illegally possessed machine gun by an individual who is not a Class 3 dealer.
(Yes, this is non intuitive and circular, and if it seems hazy, that’s because the 1986 Hughes Amendment loophole was one of the worst-written bits of legislation and only got worse as time went by. Don’t get us started on the ATF is alleged to have "approved" bump stocks before banning them. See also, tax stamps, waiting times, and the ATF’s entire classification process.)

Opinion and Discussion

Opinions surrounding the legality and use of binary triggers are divided. Many proponents claim that marginally increased trigger capabilities such as those offered by binary triggers pose no increased risk to public safety. Gun rights advocates maintain that binary triggers are equivalent to various MIL-SPEC trigger accelerators that military operators have been using for years with no detrimental effects. Opponents, on the other hand, claim that increasing trigger pull lengths dramatically increase adaptability and foster user deadliness, as they are functional equivalents to machine guns. Gun control groups insist that binary triggers enable shooters to inflict mass casualties with relative ease, contributing to a recent cycle of mass shootings across the United States. Thus far, this argument remains an echo chamber expressed only in terms of legislative actions and public discourse. Public opinion surrounding the issue hasn’t gained traction outside of localized groups who decry or laud the increased likelihood of civil firearm ownership. Further, there has been no substantiated evidence linking any of these discrete events with binary trigger systems.

Changes in Legislation and Future Prospects

Since the beginning of 2018, there has been a growing demand by gun manufacturers to offer and sell more binary trigger mechanisms with an ever-expanding options list. Legislation has emerged not only in Louisiana but across the United States aiming for classification of all these triggers as illegal machine guns. To date, however, there is little to no guidance offering clarification as to the legality of these triggers within Louisiana beyond the instructional materials offered by the ATF which has specifically identified the triggers as non-machine guns. The future is currently uncertain on the availability and legality of these attachments in Louisiana as it seems most often that discussion centers around proposed federal legislation rather than state by state regulations. Past attempts at federal legislation have largely fallen flat. Importantly , in neither discussion has there been any specific mention of the legality of binary trigger mechanisms specifically, by name, in any legislation. The general consensus remains that these are accessories and not firearms in and of themselves. It remains to be seen what direction Louisiana legislators will take going forward and what happens at the federal level. As of this writing, it seems unlikely that any federal action will change the legality of binary trigger mechanisms in Louisiana.