Below is a letter that I received from ATF regarding an inquiry that Imade about Binary Triggers.
It does not appear to be a favorable response but it should provide some insight into the current thinking.
................................................................................................................................................................................................................................
.Mr. Cap:
This is in reply to your recent email to the Firearms Industry Programs Branch (FIPB) Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seeking information on the Franklin Armory binary trigger system. Specifically, you wish to know if it is lawful to possess the Franklin Armory binary trigger system.
As way of background, the National Firearms Act (NFA) 26 U.S.C. 5845 (b) defines a “machinegun” as follows:
“…any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person”.
The stated purpose of the Franklin Armory binary trigger system is to allow the operator of the firearm into which the binary trigger system is installed to fire the weapon in a rapid manner thus simulating automatic fire.
To date, a working version of the current design of the Franklin Armory binary trigger system has not been submitted or evaluated in regards to its classification within Title 18 and Title 26 and thus we are unable to comment specifically about the current design of the Franklin Armory binary trigger system.
However, similar devices have been evaluated and their installation was found to convert the firearm into which they were installed into a machinegun as such is defined in 26 U.S.C. 5845 (b). ATF has long held that a single pull of the trigger is the same as a “single function” of the trigger. Similarly, the release of the trigger is a single function of the trigger. In analyzing and classifying these items, ATF determined that a single pull of the trigger occurs as long as constant pressure is applied to the trigger even if a mechanism within the firearm pushes the finger forward allowing the trigger to reset. In the items that were examined, the shooter never releases the trigger, and the single constant pull results in the firing of a second projectile. The single constant pull of the trigger without a subsequent release is a “single function of the trigger.”
If a Franklin Armory binary trigger system or any other device or part was installed into a firearm and the firearm subsequently fired automatically more than one shot, without manual reloading, by a single function of the trigger as described above, it would be a “machinegun” as defined in 26 U.S.C. 5845 (b). The manufacture and possession of such a weapon by an unlicensed individual would be unlawful and would subject its unlicensed manufacturer or possessor to prosecution.
We thank you for your inquiry and trust that the foregoing has been responsive.
Michael S Knapp
Firearms Enforcement Specialist
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms and Explosives Industry Division
Firearms Industry Programs Branch
It does not appear to be a favorable response but it should provide some insight into the current thinking.
................................................................................................................................................................................................................................
.Mr. Cap:
This is in reply to your recent email to the Firearms Industry Programs Branch (FIPB) Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seeking information on the Franklin Armory binary trigger system. Specifically, you wish to know if it is lawful to possess the Franklin Armory binary trigger system.
As way of background, the National Firearms Act (NFA) 26 U.S.C. 5845 (b) defines a “machinegun” as follows:
“…any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person”.
The stated purpose of the Franklin Armory binary trigger system is to allow the operator of the firearm into which the binary trigger system is installed to fire the weapon in a rapid manner thus simulating automatic fire.
To date, a working version of the current design of the Franklin Armory binary trigger system has not been submitted or evaluated in regards to its classification within Title 18 and Title 26 and thus we are unable to comment specifically about the current design of the Franklin Armory binary trigger system.
However, similar devices have been evaluated and their installation was found to convert the firearm into which they were installed into a machinegun as such is defined in 26 U.S.C. 5845 (b). ATF has long held that a single pull of the trigger is the same as a “single function” of the trigger. Similarly, the release of the trigger is a single function of the trigger. In analyzing and classifying these items, ATF determined that a single pull of the trigger occurs as long as constant pressure is applied to the trigger even if a mechanism within the firearm pushes the finger forward allowing the trigger to reset. In the items that were examined, the shooter never releases the trigger, and the single constant pull results in the firing of a second projectile. The single constant pull of the trigger without a subsequent release is a “single function of the trigger.”
If a Franklin Armory binary trigger system or any other device or part was installed into a firearm and the firearm subsequently fired automatically more than one shot, without manual reloading, by a single function of the trigger as described above, it would be a “machinegun” as defined in 26 U.S.C. 5845 (b). The manufacture and possession of such a weapon by an unlicensed individual would be unlawful and would subject its unlicensed manufacturer or possessor to prosecution.
We thank you for your inquiry and trust that the foregoing has been responsive.
Michael S Knapp
Firearms Enforcement Specialist
Bureau of Alcohol, Tobacco, Firearms and Explosives
Firearms and Explosives Industry Division
Firearms Industry Programs Branch
