Bill > A5775

Introduced Session

This bill establishes a crime of possessing or selling a binary trigger. A "binary trigger" is a device affixed to a semiautomatic firearm that is designed to fire one round upon the pull of the trigger and another round upon the release of the trigger. The bill also clarifies that a firearm affixed with a binary trigger constitutes a machine gun. Under current law, possession of a machine gun is a crime of the second degree, which is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. The bill also makes it a third degree crime to possess a binary trigger, regardless of whether the person is in possession of a firearm, and provides that the penalty for possessing a binary trigger is to run consecutively with the penalty for possessing an assault firearm or machine gun. The bill also establishes a third degree crime of manufacturing, transporting, shipping, selling, or disposing of a binary trigger. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. The bill allows individuals to voluntarily surrender any binary trigger in their possession to a law enforcement agency within 90 days of the bill's effective date. Licensed manufacturers, wholesale dealers, and retailers have 30 days to voluntarily surrender their binary triggers. The bill is to take effect immediately upon enactment. This bill is consistent with current law prohibiting the sale and possession of bump stocks and trigger cranks, which are similar devices that enable a person to fire a semiautomatic firearm at a greater rate of speed than originally intended by the firearm's manufacturer.

AI Summary

Committee Categories

Paul Moriarty (D)*,  Annette Quijano (D)*,  Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 11/07/2019)

Official Document