The legality of 3 round burst triggers is a complex issue that depends on various state and federal laws. In general, civilian possession of machine guns, which fire multiple rounds with one trigger pull, is heavily restricted. However, certain devices that mimic machine gun fire, like 3 round burst triggers, inhabit a legal gray area. The rules governing these devices have changed over time and can vary significantly between jurisdictions.
What is a 3 Round Burst Trigger?
A 3 round burst trigger is a device that can be added to a standard semi-automatic firearm. When installed, it allows the user to flip a switch and fire exactly 3 rounds with a single pull of the trigger. After those 3 shots, it automatically resets to fire just 1 round per trigger pull like a normal semi-auto firearm.
3 round burst triggers are different from fully automatic firearms or machine guns. Machine guns continue firing continuously as long as the trigger is held down. A 3 round burst trigger fires only 3 shots before automatically stopping until the trigger is pulled again.
History and Origins
Machine guns capable of firing multiple rounds with one trigger pull have been around for over 100 years. However, civilian possession of newly manufactured machine guns was effectively banned in the United States in 1986 under the Firearm Owners Protection Act.
In the early 2000s, 3 round burst trigger devices emerged as a way to mimic short machine gun bursts without running afoul of the 1986 ban. The first commercially available trigger, known as the Hellfire, was introduced around 2002. The Hellfire and similar triggers were initially considered legal as they were not true machine guns.
ATF Ruling 2006-2
In 2006, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a ruling regarding the legality of 3 round burst triggers. This ruling, ATF Ruling 2006-2, clarified the agency’s position that 3 round burst triggers are considered machine guns under federal law.
The relevant portion of federal law that regulates machine guns is in the National Firearms Act (NFA). The NFA defines a machine gun as any weapon that can fire more than 1 round with a single function or pull of the trigger. Based on this definition, ATF concluded that firing 3 shots with one pull makes a 3 round burst trigger a machine gun.
ATF Ruling 2006-2 meant the manufacture, sale, and unregistered possession of 3 round burst triggers became immediately illegal under the NFA. The ruling did contain an amnesty provision allowing people who already owned registered 3 round burst triggers to keep them if possessed before a certain date.
Post-Ruling Legal Landscape
ATF Ruling 2006-2 made 3 round burst triggers illegal at the federal level. However, legality at the state level depends on how state laws define machine guns and treat federal rulings.
Some states essentially follow federal law and also prohibit 3 round burst triggers. For example, California banned the devices around the same time as the ATF ruling. However, other states use their own legal definitions of machine guns that may not match the federal standard. In these states, possession of 3 round burst triggers may still be legal under state law.
Additionally, some states exempt antique firearms made before a certain date from machine gun bans. So in these states, installing a 3 round burst trigger in an older firearm may be legal even if prohibited in modern weapons.
Determining legality ultimately requires an analysis of both federal ATF rulings and individual state laws on machine guns and trigger devices. The interaction between federal and state laws creates complexity and ambiguities in some jurisdictions.
Federal Legislation
In addition to ATF rulings, there have been efforts at the federal level to specifically prohibit 3 round burst triggers through legislation. However, as of late 2022, no law has been passed by Congress fully banning the devices nationwide.
Recent proposed bills that would have banned 3 round burst triggers include the Help Empower Americans to Respond (HEAR) Act of 2022 and the Keep Americans Safe Act. Both bills cited public safety concerns related to the use of the devices in mass shootings as impetus for addressing the regulatory loophole.
Passing federal legislation would override state laws and create a uniform nationwide ban. But with no new federal law enacted yet, state regulations continue defining the legality of 3 round burst triggers in many areas.
ATF Letter Ruling 2015-1
In 2015, ATF clarified their 2006 ruling and federal treatment of 3 round burst triggers through another letter known as ATF Letter Ruling 2015-1. This new letter ruling addressed some remaining questions and issues.
One key aspect involved clarifying that simply possessing the parts to convert a semi-auto firearm into one with a 3 round burst trigger constitutes constructive possession of an illegal machine gun. This means stockpiling conversion kits or individual parts to add burst fire capabilities could still be charged as a federal crime.
The 2015 letter ruling also reiterated that there is no grandfathering for unregistered devices, even those made before the 2006 ban. The only exception is for the few 3 round burst triggers properly registered as machine guns before the 2006 amnesty cutoff.
Summary of Key Federal Restrictions
- ATF considers 3 round burst triggers as machine guns banned under the NFA
- No new 3 round burst triggers made after 2006 can be legally registered
- Possessing unregistered 3 round burst triggers or conversion parts is illegal
- Only devices registered as machine guns before 2006 are exempt
Ongoing Controversy and Debate
The legality of 3 round burst triggers continues to spur gun policy debate between pro-gun activists and groups favoring more restrictive gun laws. The key points of contention include:
Public Safety Impact
Gun control groups argue 3 round burst triggers enable rapid firing of multiple shots before needing to pull the trigger again. In their view, this capability approaches that of fully automatic weapons and increases the potential for mass casualty shootings.
In contrast, some pro-gun voices dispute whether 3 round bursts provide a meaningful public safety advantage over legal semi-auto guns. They argue other characteristics like magazine capacity have a greater influence on firing rate and lethality.
Interpretation of the NFA
There is also disagreement about whether the NFA’s machine gun definition even applies to 3 round burst triggers. Opponents of ATF’s position argue the law requires multiple rounds per single function of the trigger, while a 3 round burst trigger resets between bursts.
However, ATF and courts have so far interpreted the law to prohibit any trigger allowing more than 1 round per pull, even if it resets mechanically between groups of shots.
Viability of Bans
Some argue that trying to ban 3 round burst trigger devices is impractical and ineffective. They point out that the firing mechanism is just one part that can be swapped out, so bans may just shift demand to other trigger types. There are also concerns that confiscation or enforcement of any ban would be difficult.
But advocates of stricter laws say new bans, if properly enforced, could reduce availability and accessibility over time even if some illegal use still occurs.
Recent High Profile Events
Several recent violent incidents have renewed focus on the debate over restricting 3 round burst triggers:
Las Vegas Shooting (2017)
The Las Vegas shooter reportedly used rifles with 3 round burst trigger devices to kill 60 people. This led to calls for bans on both bump stocks and burst triggers.
West Texas Shooting (2019)
The shooter in Midland-Odessa, Texas used an AR-15 style rifle with a 3 round burst trigger attachment to kill 7 people and injure 25 others.
Supreme Court Case (2021)
The Supreme Court declined to hear a challenge to Maryland’s ban on devices adding burst fire capabilities. This decision left the state law in place.
These incidents contributed to more bipartisan interest in evaluating whether tighter restrictions on 3 round burst triggers could help reduce mass shooting deaths.
Current State Laws
In the absence of decisive federal action, state laws and regulations have a significant impact on the legality of 3 round burst triggers. States take varying approaches that can be grouped into several categories:
Follow Federal Ban
Some states like California explicitly follow the ATF position and prohibit 3 round burst triggers as illegal machine guns. Possessing or installing unregistered devices would face state criminal charges.
Ban Based on State Definition
Other states like Maryland also prohibit 3 round burst triggers but under their own legal definition of banned rapid fire trigger devices. These states may not directly reference federal rulings in their state code.
No Clear Ban
A number of states have more ambiguous laws on 3 round burst triggers. They may regulate machine guns generally without specifying burst triggers or defer to federal law without affirming its interpretation.
Explicitly Legal
A minority of states have laws that permit 3 round burst triggers under certain conditions. For example, Kansas exempts burst trigger devices from state machine gun bans as long as the gun is not fully automatic.
Some states may also exempt antique guns made before a certain year from all machine gun rules.
State Law Trumps Federal
A small number of states like Alaska assert state laws supersede federal regulations on firearms. These claim state permission for 3 round burst triggers would prevail over federal prohibitions.
However, federal law is not always so easily overridden. Prosecutors could still potentially bring federal charges for violating ATF rulings in these states.
Local Laws
Some major cities like Denver and Columbus have enacted municipal codes that specifically prohibit 3 round burst triggers under local weapons bans. However, these local ordinances do not override state laws that may still permit burst triggers. In states where allowed at the state level, local bans may have limited practical effect.
Law Enforcement Issues
The split between federal and state law has created confusion and enforcement issues for police and prosecutors. Determining whether simple possession of a 3 round burst trigger is actually illegal depends on nuances of jurisdiction that are not always straightforward.
LAW enforcement agencies and officials including the International Association of Chiefs of Police have called for clarifying and unifying the laws. However, legislative solutions have stalled.
Officers often must follow the most restrictive regulations that apply when deciding whether to make arrests or seizures. But differences between federal and state interpretations remain a challenge.
Possible Changes
Looking ahead, there are a few possible paths that could clarify or alter the legal standing of 3 round burst triggers:
- New federal law enacting a national ban – Would override state laws where still legal
- Supreme Court ruling on interpretive disputes – Could affirm or restrict ATF position
- Change in ATF regulatory stance – Unlikely given precedents, but within agency power
- State law changes to clearly ban or legalize devices
- Constitutional challenges from gun rights groups – Argue bans violate 2nd Amendment
But absent any definitive new developments, the legality of 3 round burst triggers will remain situational based on the interplay of federal and state laws.
Conclusions
In summary, under current laws in 2023:
- 3 round burst triggers are generally prohibited federally by ATF rulings and the NFA
- But states take a range of approaches in their own laws that permit them in some jurisdictions
- Determining legality requires checking both federal and your specific state laws
- Those in possession of unregistered 3 round burst triggers could face federal or state charges
- Grandfathering of previously owned devices is tightly restricted
- The divided federal versus state laws create confusion for gun owners and law enforcement
- Passing definitive legislation or litigation could eventually clarify the rules
- But for now, the legality of 3 round burst triggers remains situationally dependent on location