Skip to comments.Status of Binary Triggers after Bump Stock Ban
Posted on 12/19/2018 1:00:37 PM PST by JamesP81
I want to point out something that needs to be considered in light of the bump stock ban. Given the wording of the regulation, many reasonably asked if binary triggers would be affected. Leaving aside the fact that the ban is based on a lie as brazen as claiming the sky is green, it turns out the new regulation does not ban binary triggers.
From page 83 of the ruling:
"The Department disagrees that other firearms or devices, such as rifles, shotguns, and binary triggers, will be reclassified as machineguns under this rule. Although rifles and shotguns are defined using the term "single pull of the trigger," 18 U.S.C. 921(a)(5), (7), the statutory definition of "machinegun" also requires that the firearm "shoots automatically more than one shot, without manual reloading," by a single function of the trigger, 26 U.S.C. 5845(b). While semiautomatic firearms may shoot one round when the trigger is pulled, the shooter must release the trigger before another round is fired. Even if this release results in a second shot being fired, it is as the result of a separate function of the trigger. This is also the reason that binary triggers cannot be classified as "machineguns" under the rule--one function of the trigger results in the firing of only one round. By contrast, a bump-stock-type device utilizes the recoil energy of the firearm itself to create an automatic firing sequence with a single pull of the trigger. The Department notes that ATF has already described a "single pull of the trigger" as a "single function of the trigger." See ATF Ruling 2006-2."
The logic of this is pretty circular and convoluted to say the least (though it at least doesn't resort to outright lies and falsehoods like the bump stock ban does).
There is something here we need to consider. The BATFE was under no obligation to include this in their regulation. They could've just as easily said nothing about it and enforced it against binary triggers after the fact. Certainly, the wording of the regulation banning bump stocks certainly seems like it would apply to binary triggers.
However, the BATFE specifically went out of its way to explicitly state they were not banned.
Basically, the BATFE is more on our side than Donald Trump is. Process that for a minute, and appreciate how thoroughly we have been betrayed.
Binary triggers effectively do the same thing.
The ATF cannot rewrite laws even at Presidential direction.
nobody in power is on our side
they’re all punking us and I for one am tired of it
It may be a bump, but it’s not a stock. It’s an ammo wasting toy that one can make easily, or learn to Bump-fire without the item. It’s not a gun, or even a gun part.
Doing away with it does not infringe on the right to keep and bear arms.
Those who think it does so infringe can go to court and see if they get anywhere.
The problems are:
- the political reversal of multiple soundly-based letters already issued
- the twisting and abuse of the written words of the law
- the taking of property without compensation.
> ammo wasting toy that one can make easily
and become a felon.
that’s legal abuse.
I've already gone on one Trump tirade today, and am paying the price in reply comments, so I don't feel like going on a second. But I agree with you.
Remember it was St. Ronald Reagan that gave us the 1986 closing of the machine gun registry.
A “toy” that was perfectly legal on one day, and a felony the next. That is the very definition of tyranny.
You are right its a ammo wasting toy but the government has no business regulating it, period.
It amazes me on a website called Free Republic how many times liberty and freedom has to be pointed out, explained or defended.
This regulatory/ gun control/ ban crap is what you get when you start on parts of guns, or accessories, or looks or mags, etc.
There will always be some form of workaround and besides bad guys dont comply anyway.
Each incremental attempt, leads to next then the next. Those that do that are enemies of the second amendment.
Back in 2016 - many people here on FR got suspended, or their FR use seriously throttled (including the use of freep mail) because they expressed a few now PROVEN facts about Donald J. Trump.
Total flaw in the new regulation is the rule states that “a bump-stock-type device is attached is able to produce
automatic fire with a single pull of the trigger”. Not so it allows the recoil if the firearm to move thereby causing a single pull of the trigger with the finger remaining stationary. The recoil is the stickler but it still requires the finger to be in place to initiate the trigger pull. Not that I could care less about a bump stock but the GCA is clear and they are attempting to rewrite it without legislation. Better buy stock in suspender companies because belt loops are the next to be banned.
On a side note I know a fellow who has twin hooks from an accident years ago. He can take a standard semiauto and turn it into a rock and roller in a jiffy with those hooks. Guess he will have to go hookless if they figure that out.
Court decided using that logic for reducing magazine size and making owners get rid of their property in NJ already.
Basically, the BATFE is more on our side than Donald Trump is. Process that for a minute, and appreciate how thoroughly we have been betrayed
I guess it never occurred to you that BATF WORKS FOR TRUMP and is the Agency tasked to carry out this action. Get a clue, dude.
Trump just went full HW Bush on us.
Maybe he isn’t planning on a second term.
Its time to go balls to the wall attack on the NFA. The whole notion of the bumpstock ban is based on the idea the American people are rightlfully banned from possesing machine guns. This could not be farther from the truth. The second is not about sporting firearms. Its about protecting our right to machine guns. When government comes for your liberty they will bring a machine gun and nothing less. Its time we openly state we are not going to accept any other outcome. We are not going to stop until the NFA and GCA are fully repealed.
“- the twisting and abuse of the written words of the law”
This is the part that matters. If the ban stands, it means the president can rewrite law without congress. That is major big league bad.
This ban is not about bump stocks. It’s about the legitimate extent of presidential power.
“I guess it never occurred to you that BATF WORKS FOR TRUMP and is the Agency tasked to carry out this action. Get a clue, dude.”
How quaint. The BATFE ruled in favor of bump stocks for years, stating correctly that they lacked authority to regulate them. That was under Obama who didn’t really give a crap as long as he got a good sound bite on TV before screwing off to the golf course.
The BATFE wrote the rule, as you say, because their boss ordered them to. Fine. However it’s clear they never really wanted to be involved in this (probably because they are worried about setting a bad precedent that works against them in federal court) which is why they’ve got that tidbit about binary triggers. Basically they are complying as minimally as possible when they’d ordinarily go for as much as they possibly could.
Don’t get me wrong. They are NOT our friends. I just find it striking that, for once, they were the ones who were CORRECTLY interpreting the law until their boss ordered them not to.
That makes them less of an enemy than Donald Trump in this matter. They were actually complying with the law, for once, until ordered not to.
This ban is the first step to remove semi-autos.
Sure they can. They just did. It's illegal and unconstitutional ... but when did that ever stop Fedzilla? The worst part is supposed "conservatives" on a supposedly conservative forum making excuses for it. "Trump did it" doesn't make it right.
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