Hypothetical Binary Trigger - what to do

521FF · Sep 4, 2018

Asking for a friend.

Binary trigger installed on an AR. Oct. 1, 2018 - "friend" doesn't want to wake up a felon.

What to do with the Franklin Binary Trigger?

Is it your a felon if it is installed only? Or is it simple owning it - not even if it is installed - just in package - which it isn't but just asking.

Is there anything legal that can be done to maintain ownership other then uninstalling it from the AR and burying it in the backyard? The friend wanted to install it on a new .22LR AR - much more fun at .03 cents per round then .20 cents per round but not friend not so sure what to do.

Daveyboysmith · Sep 4, 2018

esqappellate · Sep 4, 2018

521FF said:
Asking for a friend.

Binary trigger installed on an AR. Oct. 1, 2018 - "friend" doesn't want to wake up a felon.

What to do with the Franklin Binary Trigger?

Is it your a felon if it is installed only? Or is it simple owning it - not even if it is installed - just in package - which it isn't but just asking.

Is there anything legal that can be done to maintain ownership other then uninstalling it from the AR and burying it in the backyard? The friend wanted to install it on a new .22LR AR - much more fun at .03 cents per round then .20 cents per round but not friend not so sure what to do.

I don't give legal advice and this is not legal advice, but if it were me, I would look to the words of the statute and I would discover that the ban on possession does not require that the device be installed.

DutchV · Sep 4, 2018

Looks like if you already own it, you're okay. The bill is weird, though, since it says "has applied to BATF for approval" to own the device - but we all know there's no such request or approval mechanism. More silliness. Makes me want to go buy one, just because.

rseymorejr · Sep 4, 2018

DutchV said:
Looks like if you already own it, you're okay. The bill is weird, though, since it says "has applied to BATF for approval" to own the device - but we all know there's no such request or approval mechanism. More silliness. Makes me want to go buy one, just because.

No, I don't think so. I think it says you had to own it prior to 10/1/8 AND apply to the ATF AND own it legally under Federal law.

rouchna · Sep 4, 2018

Sell it to a VA resident. I just sold mine as it didn't do anything for me.

DutchV · Sep 4, 2018

rseymorejr said:
No, I don't think so. I think it says you had to own it prior to 10/1/8 AND apply to the ATF AND own it legally under Federal law.

Can they enforce a law that has unattainable requirements? There's no way to apply to the ATF for any approval. Federally these aren't regulated.

ToolAA · Sep 4, 2018

DutchV said:
Can they enforce a law that has unattainable requirements? There's no way to apply to the ATF for any approval. Federally these aren't regulated.

Maybe / maybe not. The question is do you want to be the one who tries to test the limits of the law. I know I don’t have the financial resources. I’m unloading mine too at a big loss and going with a SD3G. If the law gets overturned I guess can buy new ones.

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namelessname120 · Sep 5, 2018

I’ll buy it from you

balttigger · Sep 5, 2018

I keep sticking on the word "Applied".

Even though the ATF has said they have no mechanism for approving an application, the law states you only need to have applied - not have received approval.

stringer bell · Sep 5, 2018

What should your "friend" do, follow the law and throw it out immediately,

What would I do, not worry about it until i here about the State Police showing up at Elk Neck with a set of calipers. Literally nobody cares about this stuff.

Mr. Ed · Sep 5, 2018

(B) THIS SECTION DOES NOT APPLY TO THE POSSESSION OF A RAPID FIRE TRIGGER ACTIVATOR BY A PERSON WHO:
(1) POSSESSED THE RAPID FIRE TRIGGER ACTIVATOR BEFORE OCTOBER 1, 2018;
(2) APPLIED TO THE FEDERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES BEFORE OCTOBER 1, 2018, FOR AUTHORIZATION TO POSSESS A RAPID FIRE TRIGGER ACTIVATOR; AND
(3) IS IN COMPLIANCE WITH ALL FEDERAL REQUIREMENTS FOR POSSESSION OF A RAPID FIRE TRIGGER ACTIVATOR.
4–306.
(a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

So far, the best and safest answer is in post #3...

It's your choice whether you want to be squeaky clean legal, in which case you would remove the device from Maryland. IANAL, but MD law has no jurisdiction outside the state of MD, so it would seem logical that devices banned in MD could be legally owned, and stored, outside of the state.

Mini14tac · Sep 5, 2018

Removed and sold mine right after the law passed. Got all of my money back. Did not want to end up being a poster child.

J Beard · Sep 5, 2018

namelessname120 said:
I’ll buy it from you

I have a Fostech Echo in the marketplace if you are interested

rob-cubed · Sep 5, 2018

The first two conditions are easy (owned prior and applied) and read like any reasonable grandfathering clause.

The trick is (and I'm SURE Annapolis knew this when they wrote it)... the third compliance requirement is absolute fiction. There are no Federal compliance requirements because binary triggers are not Federally regulated. A good lawyer, hell even a half-baked one, could argue that even if you owned prior and wrote a letter to the ATF, you can never pass the third requirement. All the ATF will do is send you a letter back saying they are not Federally regulated and you are on your own. Maybe a decent defense lawyer could argue since there is no standard for compliance, it has to be compliant since it can't be proved otherwise. The other guy will argue there is no standard, so it can't ever pass compliance. How much money can you spend on lawyers to fight the ones funded by taxpayer dollars?

Personally, I doubt any RSOs to LEOs will volunteer to be a lackey for Annapolis and enforce a poorly written law they don't agree with. BUT, the law does exist and there is a penalty. YMMV.

I find a more fascinating legal argument to be whether a Federally regulated firearm can host a binary trigger, like an SBR. But that's been beaten up here before too.

Jake4U · Sep 6, 2018

Years ago I was transferred to California from PA. Thought I'd be there for years so sold off my Class 3 toys as I had no place to store them. Kept a Mac-10 in a safety deposit box near the in-laws place in Arizona. Now I'm in Maryland and I could never afford to purchase what I once had: Group Industries stainless steel M16 lower, MK5 STEN, MP40, Reising in a hardcase with all the magazines, and the paperwork in progress for an M1 Thompson.

This law annoys the crap out of me. It seems foolish to rent a deposit box in PA for a couple of echo triggers, but I don't plan to retire here and am looking forward to exiting this state in a year or two. Last time I lost value in a firearms collection I vowed to never again unload property while living outside America just to meet the demands of unconstitutional legislation from Marxists.

So that means I guess I'll call the PNC bank in Littlestown and check on the price of storage. The bumpstocks will go away as they aren't worth renting a larger box.

I posted this elsewhere, but anyone have an opinion on the Tac-Con 3mr trigger and this ban?

Anotherpyr · Sep 6, 2018

I’d write a letter to ATF to apply as required by the law. Send it return receipt so you have a date for when they received the letter. Keep the receipt with a copy of the application letter and the humorous reply they will most likely send you as proof that you complied with the law.

Jake4U · Sep 6, 2018

Anotherpyr said:
I’d write a letter to ATF to apply as required by the law. Send it return receipt so you have a date for when they received the letter. Keep the receipt with a copy of the application letter and the humorous reply they will most likely send you as proof that you complied with the law.

Did that already. Who wants to be the test case after October, 2019 or maybe even this October? That's the maddening part. It's so poorly written it's clearly an effort to turn citizens into criminals.

Mr. Ed · Sep 6, 2018

Jake4U said:
Did that already. Who wants to be the test case after October, 2019 or maybe even this October? That's the maddening part. It's so poorly written it's clearly an effort to turn citizens into criminals.

It sure seems that way. Wouldn't it be nice if the GA would focus their attention on people who are actually a proven danger to society, instead of those of us who aren't and have never been?

eruby · Sep 6, 2018

521FF said:
Asking for a friend.

Binary trigger installed on an AR. Oct. 1, 2018 - "friend" doesn't want to wake up a felon.

What to do with the Franklin Binary Trigger?

Is it your a felon if it is installed only? Or is it simple owning it - not even if it is installed - just in package - which it isn't but just asking.

Is there anything legal that can be done to maintain ownership other then uninstalling it from the AR and burying it in the backyard? The friend wanted to install it on a new .22LR AR - much more fun at .03 cents per round then .20 cents per round but not friend not so sure what to do.

stringer bell said:
What should your "friend" do, follow the law and throw it out immediately,

What would I do, not worry about it until i here about the State Police showing up at Elk Neck with a set of calipers. Literally nobody cares about this stuff.

^^ This.

IF I had one of these, and IF I paid cash for it, I would not be getting rid of it.

I advocate breaking no laws.

Hypothetical Binary Trigger - what to do

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