Are Binary Triggers Legal in South Dakota? A Guide to…

Are Binary Triggers Legal in South Dakota?

Yes, binary triggers are legal to purchase, own, and install in South Dakota. The state has no specific laws prohibiting these devices. Under both federal and South Dakota law, binary triggers are not classified as machine guns because they fire only one round per function of the trigger.

Understanding South Dakota's Position on Binary Triggers

Firearm owners in South Dakota often seek clarity on aftermarket components, and binary triggers are a frequent topic of discussion. A binary trigger is a modification that allows a semi-automatic firearm to fire one round when the trigger is pulled and a second round when the trigger is released. This functionality has led to legal questions in various states, but in South Dakota, the legal landscape is quite clear.

The state of South Dakota does not have any statutes that specifically name or prohibit binary trigger devices. The state's firearm laws generally align with federal definitions, especially concerning more heavily regulated items like machine guns. For gun owners in the Mount Rushmore State, this lack of specific prohibition is the most critical factor. The legality hinges on the state's definition of a machine gun, which is where we'll focus our analysis.

South Dakota State Law: Analyzing the Machine Gun Definition

The primary legal text to consider is South Dakota Codified Law (SDCL) § 22-14-15. This statute defines a machine gun as a firearm that "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." This language is the key to understanding why binary triggers are permitted. The phrase "single function of the trigger" is the operative part of the law.

A binary trigger requires two distinct functions to fire two shots: a pull and a release. Each action causes the firearm to discharge only one round. Because the pull and the release are considered separate functions, the device does not meet the legal definition of a machine gun under South Dakota law. This interpretation is consistent with federal rulings on the matter. Unlike some states that have created their own, broader definitions of machine guns or rapid-fire devices, South Dakota has not. This makes the legal situation far less complicated than in neighboring states; for example, you can read about how Iowa handles binary trigger laws to see a stark contrast.

South Dakota's generally permissive environment for firearms extends to accessories. The state has no "assault weapons" ban or other cosmetic feature-based restrictions that might inadvertently outlaw devices like binary triggers. As long as a firearm accessory does not convert a semi-automatic rifle into a machine gun as defined by law, it is generally considered legal to own and use.

The Federal View: ATF Rulings and Their Impact

While state law is paramount, federal law provides the foundation for many state-level firearm statutes. The National Firearms Act (NFA) and the Gun Control Act (GCA) define a machine gun in language nearly identical to South Dakota's: 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued several opinion letters on binary triggers, most notably regarding devices like the Franklin Armory BFSIII. In these letters, the ATF has consistently affirmed that because one round is fired on the pull and one on the release, these devices do not constitute machine guns. The pull and the release are two separate functions. Therefore, a firearm equipped with a binary trigger is still legally a semi-automatic firearm.

It is crucial to distinguish binary triggers from other devices like forced reset triggers (FRTs). The ATF has taken a different stance on FRTs, classifying them as machine guns. An FRT uses the energy from the bolt carrier group to forcibly reset the trigger, allowing for a very rapid rate of fire with continuous pressure on the trigger. The ATF's position is that this constitutes a single function for multiple shots. The legal status of FRTs in North Dakota and other states shows how differently these mechanisms are treated by regulators. This distinction underscores the importance of the specific mechanical action of a binary trigger in maintaining its legality.

Practical Use and Considerations in South Dakota

With legality established, the conversation turns to practical application. Binary triggers are popular for recreational shooting at the range. They can be an enjoyable way to experience a higher rate of fire without moving into the heavily regulated world of NFA items. They can also be a useful training tool for managing recoil and maintaining a sight picture during rapid firing strings. However, they come with a significant learning curve.

The primary safety consideration is the shot on release. Under stress or during regular range use, a shooter might decide not to fire after pulling the trigger. With a binary trigger, the only way to prevent the second shot is to hold the trigger to the rear, engage the safety, and then manually charge the weapon to reset the hammer without releasing the trigger. This is a complex manual of arms that requires dedicated practice. For this reason, many experts advise against their use in a self-defense context, where an unintended shot could have tragic consequences.

Furthermore, while legal at the state level, individual shooting ranges in South Dakota may have their own rules. Some ranges prohibit the use of any device that increases a firearm's rate of fire. Always check with range safety officers before using a firearm equipped with a binary trigger. If you're in the market for a firearm to host such a trigger, you can always browse various firearms for sale to find a suitable platform.

Selling and Transferring Firearms with Binary Triggers

In South Dakota, selling a firearm with a binary trigger already installed follows the same rules as selling any other Title I firearm. Private sales between two residents of South Dakota are permitted without the need to go through a Federal Firearms License (FFL) holder, though it's often recommended for liability and record-keeping purposes. Our guide on how to sell a gun provides more detailed information on this process for private sellers.

When listing a firearm for sale, it is essential to be transparent about all modifications, including the installation of a binary trigger. This ensures the buyer is fully aware of the firearm's configuration and operational characteristics. Since the trigger itself is not a firearm, it can be sold and shipped separately without an FFL. However, when installed in a firearm, the entire system is transferred as a single unit. The process is straightforward, reflecting the state's trust in its citizens to conduct lawful transfers. The legal landscape for gun owners in South Dakota remains one of the least restrictive in the nation, a status that also applies to neighboring states like Nebraska. You can learn more about binary trigger legality in Nebraska for comparison.