Are Binary Triggers Legal in North Dakota? State & Federal…

Are Binary Triggers Legal in North Dakota?

Yes, binary triggers are legal to own and install in North Dakota. There are no state laws in the North Dakota Century Code that specifically ban or regulate them. They are not considered machine guns under federal law because they fire one round per function of the trigger.

Defining Binary Trigger Functionality

A binary trigger is a semi-automatic trigger modification that allows a firearm to fire one round when the trigger is pulled and a second round when the trigger is released. This two-stage action is the key to its legal status. Unlike a fully automatic weapon, which fires continuously as long as the trigger is held down, a binary trigger requires two distinct and separate actions from the shooter: a pull and a release. Each action is linked to the firing of a single projectile.

The most common binary trigger systems, such as the Franklin Armory BFSIII and the Fostech Echo II, feature a three-position selector switch. The first position is 'Safe'. The second position is 'Semi-Auto', where the trigger functions like a standard mil-spec trigger, firing one round on the pull only. The third position, 'Binary', engages the pull-and-release firing sequence. This versatility allows the shooter to choose the mode of fire that best suits their situation, from precise single shots to a rapid cadence.

It's crucial to understand that the firearm does not fire automatically in binary mode. If the shooter pulls the trigger and holds it to the rear, only one round will fire. The second round will not fire until the shooter consciously allows the trigger to move forward to its reset point. This mechanical distinction is fundamental to why the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has, to date, classified these devices as firearm parts rather than machine guns.

The Federal View: ATF Rulings and Machine Gun Definitions

Federal law, primarily the National Firearms Act (NFA) of 1934 and the Gun Control Act of 1968, defines a 'machinegun' as any weapon that shoots, or is designed to shoot, more than one shot automatically without manual reloading, by a single function of the trigger. The phrase 'single function of the trigger' is the operative legal test.

The ATF has issued several opinion letters over the years analyzing specific binary trigger designs. In these letters, the agency has consistently found that because a distinct action—a pull, then a release—is required for each shot, the trigger does not constitute a machine gun. The pull is one function, and the release is a second, separate function. Therefore, the 'one shot per function' rule is maintained.

This is in stark contrast to other trigger devices. For example, the ATF's reclassification of bump stocks as machine guns was based on the argument that the shooter's single, continuous trigger pull initiated a firing cycle that continued via recoil energy without further manipulation of the trigger itself. Similarly, the ATF has aggressively pursued manufacturers of forced reset triggers (FRTs). An FRT uses energy from the bolt carrier group to forcibly reset the trigger, and the ATF has ruled this constitutes a machine gun. Understanding the legal status of forced reset triggers provides important context for why binary triggers currently remain legal at the federal level.

Analysis of North Dakota State Law

When examining the legality of any firearm accessory, one must look at both federal and state regulations. In North Dakota, the relevant statutes are found in the North Dakota Century Code (NDCC), specifically Title 62.1, 'Weapons'. A thorough review of this title reveals no specific laws that mention, regulate, or prohibit 'binary triggers', 'trigger activators', 'rate-of-fire enhancers', or any similar terminology.

North Dakota's own definition of a 'machine gun' is found in NDCC 62.1-01-01(7) and closely mirrors the federal definition. It defines a machine gun as a firearm that 'shoots or is designed to shoot automatically more than one shot, without manual reloading, by a single function of the trigger'. Since the state's definition is effectively identical to the federal government's, and the ATF does not classify binary triggers as machine guns, they are not considered machine guns under North Dakota law either.

The state's legal framework is generally permissive regarding firearms and accessories that are not prohibited by federal law. Without a specific state statute to the contrary, the federal classification stands. This means that for residents of North Dakota, owning and installing a binary trigger on a compatible semi-automatic firearm is not prohibited by state law. Many popular firearms, like the SIG Sauer MPX, are common hosts for these upgrades.

Practical Ownership and Use in North Dakota

While legal, owning a firearm equipped with a binary trigger comes with responsibilities. The increased rate of fire can be challenging for inexperienced shooters to control. Proper firearm safety, including muzzle discipline and understanding your target and what lies beyond it, is even more critical. Users must also be aware of the 'outrunning the bolt' phenomenon, where a shooter can pull and release the trigger faster than the firearm's bolt can cycle, potentially causing a malfunction known as a hammer follow. High-quality triggers and proper buffer weights can mitigate this issue.

Installation of most binary triggers is a straightforward process for anyone familiar with the AR-15 fire control group, but it must be done correctly to ensure safe and reliable operation. If you are not confident in your ability to perform the installation, it is wise to consult a qualified gunsmith. When buying or selling a firearm with aftermarket parts, it's also important to understand its market price. Knowing the true gun value helps ensure a fair transaction for both parties.

It's also worth noting that private shooting ranges can set their own rules. Some ranges may prohibit the use of any device that simulates automatic fire due to safety concerns or range-specific regulations. Before heading to the range with a binary trigger-equipped firearm, always check the range's rules and regulations to avoid any issues.

Purchasing and Transferring Binary Triggers

Because the ATF classifies binary triggers as firearm parts rather than firearms, they are not subject to the same transfer requirements. In North Dakota, a binary trigger can be purchased online or in a store and shipped directly to your home without the need for an FFL transfer or a background check via the NICS system. This makes them easily accessible to lawful gun owners.

If you purchase a complete firearm that has a binary trigger already installed, the entire firearm must be transferred through a Federal Firearms Licensee (FFL) just like any other gun purchase. The process for how to buy a gun remains the same, involving a Form 4473 and a background check. The presence of the binary trigger does not change the legal requirements for transferring the serialized receiver.

Similarly, if you decide to sell a firearm equipped with a binary trigger, the same rules apply. The transaction must adhere to all state and federal laws governing firearm transfers. Our guide on how to sell a gun provides a detailed overview of this process. You can browse all gun listings to see how firearms with various modifications are commonly presented for sale by private sellers and dealers.