Are Binary Triggers Legal in Wisconsin?
The legality of binary triggers in Wisconsin is currently unclear and subject to interpretation. There's no specific state law directly addressing binary triggers, leaving their status in a legal gray area. This ambiguity stems from the fact that Wisconsin law regulates firearms based on their function as fully automatic weapons, and the definition of "fully automatic" doesn't explicitly encompass binary triggers.
This lack of explicit legislation creates significant uncertainty for both firearm owners and law enforcement. The interpretation hinges on how courts would classify the function of a binary trigger—does it transform a semi-automatic firearm into a fully automatic one?
Understanding Binary Triggers:
A binary trigger allows a firearm to fire twice with a single pull of the trigger: once on the press and once on the release. This rapid-fire capability is the source of the legal ambiguity. While not technically firing multiple rounds with a single, sustained trigger pull like a fully automatic weapon, the increased rate of fire is a key concern.
Relevant Wisconsin Statutes:
Wisconsin Statutes address automatic weapons, but these statutes typically focus on weapons designed to fire continuously as long as the trigger is depressed. The key challenge is fitting a binary trigger into this definition. The rapid-fire capability could be argued to violate the spirit, if not the letter, of existing laws.
ATF's Stance (Federal Perspective):
While Wisconsin's laws are the primary concern, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) plays a role. The ATF's classification of binary triggers impacts interstate commerce and could influence Wisconsin courts. Currently, the ATF's stance is complex and has evolved, leading to further uncertainty about their legal standing. It's essential to note that the ATF's rulings are not necessarily binding on state courts, adding another layer of complexity.
Potential Legal Challenges:
Individuals possessing or using binary triggers in Wisconsin face potential legal challenges, including:
- Misinterpretation of existing laws: Prosecutors could attempt to classify binary triggers as illegal modifications or devices that convert semi-automatic weapons into fully automatic ones.
- Future legislation: The ambiguity could lead to future legislation explicitly banning or regulating binary triggers in Wisconsin.
- Case-by-case basis: The legality will likely be decided on a case-by-case basis, depending on the specific facts and interpretation by the court.
Recommendation:
Due to the significant legal uncertainty, it is strongly recommended to consult with a qualified attorney specializing in Wisconsin firearms law before purchasing, possessing, or using a binary trigger. Navigating this legal gray area requires expert advice to mitigate potential legal risks. This information is for informational purposes only and does not constitute legal advice.
