Binary Triggers – What are They?
To put it simply, a binary trigger is a shooting mechanism that allows a firearm to fire once when the trigger is pulled and a second time when the trigger is released. It’s a clever bit of engineering that relies on a relatively simple mechanical system. The mechanical systems of firearms today often include a clock-like hammer or strike block that needs to travel a certain distance in order to hit the firing pin. A binary trigger works by altering the mechanics of this process. In a binary trigger system , a second hammer is added to the firearm so that a single action of the regular trigger makes it go off like a normal gun, but the reset of the second hammer contacts the firing mechanism a second time.
Why do people love binary triggers? They enhance the speed and rate of fire for firearms while keeping the results relatively under control. They don’t cause your firearm to technically go "fully automatic," and they can result in a more predictable and useful pattern than many high-rate of fire systems, such as bump fire devices.
Federal Regulations on Binary Triggers
Under federal law, binary triggers are considered as machine guns. Machine gun regulations are codified under the National Firearms Act. The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) regulates, administers and enforces requirements for the lawful ownership of SQLs and machine guns. According to the National Firearms Act, a machine gun is "any weapon which shoots, or automatically discharges, more than one shot … by a single function of the trigger." The act specifies that machine guns can consist of parts that enable a gun to be modified to shoot automatically. Thus, a trigger that falls into this category would include triggers with a device that fires two shots or more with a single press of the trigger. While a binary trigger seems to present two options, firing a round upon pulling the trigger and firing a round upon releasing the trigger, the BATFE rules classify these as automatice functions of the trigger and thus view them as having no more than one single option.
Oregon Regulations on Binary Modifications of Firearms
In Oregon, the state legislature has enacted some of the strictest gun control laws in the country. Under current state law, a binary trigger is considered a "trigger crank," and thus a "multiburst trigger activator." The state code defines a trigger crank as: "a device or mechanism that allows a person to fire multiple rounds of ammunition with one physical pull of the triggering device of a firearm or one physical pull of another device, including a belt buckle or wrist device, intended to be worn on the person’s body, and that is connected to the triggering device of the firearm."
Under Oregon law, it is illegal to sell a trigger crank, buy one, or possess one. However, this state law is not yet in effect, and it has not been incorporated into the Oregon Administrative Rules.
Instead, the law currently referenced in the applicable OARs prohibits the manufacture, transfer, possession, and use of "trigger activators." A "trigger activator" is defined as a "device designed, made or adapted to diminish the force that is applied to a trigger," and includes bump stocks, binary triggers, and similar devices. In other words, even though binary triggers are legal to own in other states, Oregon prohibits them under its existing laws.
Under Oregon administrative code 333-067-0000, it is illegal to possess, transfer, manufacture, import into the state, or bring into the state a trigger activator. The current law explicitly only prohibits those acts, but under 163.105, the buying or selling of a trigger activator will also be illegal.
Court Challenges and Cases
Oregon Governor Kate Brown approved Senate Bill 719 (042) on May 18, 2015 which went into effect on January 1, 2016. This bill amended ORS 166.412 of the law prohibiting "unlawful use of weapons" in Oregon to include the following language:
(2) A person commits the offense of unlawful use of weapons if the person knowingly:
(e) In an area open to the public:
(A) Within the immediate reach and review of a person without entry to a restricted-access area;
(B) Within the immediate reach and review of a person without entry to a restricted-access area, in concert with two or more other persons, and the group is using a machine gun or similar device to increase the rate of fire of a firearm and is engaged in a criminal conspiracy as defined in ORS 161.450;
(C) In a manner that is designed to be readily available for immediate use in a restricted-access area against a person who is outside the vulnerable area of the restricted-access area; or
(D) With intent to attempt to cause serious physical injury to another person, causes arcing of two pieces of metal, thereby causing a fire that the actor knows or should know poses a substantial risk of causing serious physical injury to another person; or
The first meaningful case involving the interpretation of this new law was decided January 24, 2020 in the case of Kelsey Montague and Multnomah County v. Oregon State Police and Clackamas County Circuit Court. On January 25, 2018 the Oregon Legislature passed HB 4120. This bill included the following language in ORS 166.412:
(2) A person commits the offense of unlawful use of weapons if the person knowingly:
(f) With the intent to threaten, or knowingly places or discharges an electronic device capable of causing an electric shock on or near [a] nonconsenting person.
The Oregon Firearms Federation sued Governor Brown and Oregon State Police on the grounds that the interpretation of "nonconsenting person" set forth in the Oregon Attorney General’s Public Safety Notice No. 15-201 which was posted March 12, 2015 made it impossible to own or possess a binary trigger in Oregon. In essence the notice says that A binary trigger is a firearm accessory that converts a semiautomatic firearm into a type of firearm that is restricted under current law and thereby is illegal in Oregon as of January 1, 2016.
Enforcement and Prosecution in the State of Oregon
Law enforcement in Oregon actively pursues the unlawful use of binary triggers. In October of 2016, four men were arrested under the prohibition against automatic firearms, in connection with the use of binary triggers. While these types of arrests are still relatively rare, the use of binary triggers that may violate law is something the Oregon Department of Justice have recommended firearm owners cease using altogether . Law enforcement prohibits any kind of device that converts a semiautomatic firearm into an automatic weapon. Orange Wire Tactical, a California-based manufacturer of binary triggers, advised its customers and the public to stop using its component until further information on the restrictions and application to certain firearms was known. However, fulfillment of such recommendations and the law may lead to criminal charges if you have a binary trigger attached to a firearm in Oregon.
Pros and Cons to Binary in Oregon
As with most firearm-related enhancements, there are both advantages and disadvantages to using binary triggers in Oregon. On the positive end of the spectrum, binary triggers and similar enhancements can allow shooters to better manage recoil, and thus software other benefits that stem from shooting less recoil. Additionally, binary triggers offer legal and regulatory advantages over full-auto fire. For example, in 2010, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ruled that binary triggers do not turn semi-automatic firearms into machine guns under federal law, and it appears that the agency also permits binary attachments on full auto weapons, provided they are not actually set up to operate in the binary mode when firing in full-auto. Binary triggers vary widely by manufacturer, but some come pre-assembled onto KNS Precision pistons and bolts. When these are used, and a shooter desires to fire in full-auto mode, the shooter needs to do no more than remove the bolt from the weapon and install one that allows full-auto operation. Depending on how binary triggers are used, they may also allow a shooter to burn down ammunition more quickly, thereby offering cost savings through greater weapon efficiency. However, a higher rate of fire increases a risk of missfires, or several rounds going off with a single pull of the trigger. More frequent missfires can result in weapons wearing out more quickly, which will necessitate repairs, parts and even replacement weapons more frequently. One of the biggest negative considerations with regard to binary triggers is how they operate versus standard weapon controls. Traditional control systems allow shooters to burn down ammunition by a simple manipulation of the trigger system, making it less likely for the shooter to accidentally initiate a discharge when it is not desired.
Impact to Gun Collectors and Owners
The implications of Oregon’s binary trigger laws are profound and far-reaching for gun owners and firearm enthusiasts in the state. While supporters of the law maintain that banning binary triggers will prevent them from falling into the hands of those who may misuse or abuse them, opponents and critics argue that this is a step closer toward confiscation of all firearms and ammunition. They maintain that efforts to ban binary triggers are a strategy by gun control advocates to weaken the Second Amendment by any means possible.
As the gun control debate rages on, community responses to the law have been swift and outspoken. Gun owners and operators as well as firearm enthusiasts have taken the opportunity to voice their opinions on the new legislation through numerous online forums such as YouTube and various gun forums and blogs. These communities discuss the multifaceted nature of binary triggers, their uses and purposes, and the legality and mechanics of Oregon’s new binary trigger law. Many maintain that the ruling has no basis as the purpose of binary triggers is for legal use and enjoyment, and they are in fact a safe and useful accessory for firearms.
Going forward, gun owners and firearm enthusiasts want the Oregon Senate to recognize the dichotomy of what a binary trigger actually does in comparison to automatic modifications or illegal bump stocks and machine guns, and for organizations such as the National Rifle Association (NRA) to support their right to maintain and use binary triggers on semiautomatic rifles. Many gun owners deem Senate Bill 719 to be an overreach into their personal rights and liberties. They urge lawmakers to reconsider the law and maintain binary triggers as legal accessories for semiautomatic rifles, as they are being mischaracterized and unfairly targeted by the anti-gun lobbying groups.
Oregon’s binary trigger law is likely to bring about an entirely new wave of debate on gun rights and the Second Amendment, and gun owners everywhere will likely feel the effects.
Ways to Keep up to Date on Firearm Laws
For the most current and accurate information on gun law in Oregon, it is always a good idea to check with the Oregon Legislative website. From the homepage browser on to the "Oregon Laws" header then down to "2017 Special Session Laws" for recent updates . Alternatively, the Oregon Firearms Federation has up-to-date gun law information along with active petitions. It is important to remember that some information is simply not correct, and the best place to confirm or challenge a laws legality is with a lawyer (though you don’t have to use me).