A Ban on a Gun Device Triggers Larger Questions about Legislation

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HOST: This is North Star Stories: Voices from Where We Live. Today in Minnesota…

ANCHOR: …Minnesota's Washington delegation honors the state's school shooting victims on the Senate Floor. Then, a ban on a gun device triggers a bigger question about legislation. And, Democrats in the Minnesota House of Representatives have elected a new leader.

I'm Chantel SinGs.

U.S. Senators Amy Klobuchar and Tina Smith, Democrats from Minnesota, honored the victims and survivors of the Annunciation Catholic Church and School shooting in public remarks on the Senate floor. The senators' comments followed a resolution by the full state delegation condemning the attack, remembering the two children killed, and recognizing the courage of first responders and community members who acted quickly. Lawmakers pledged support for the 21 people injured and praised the Annunciation community for its resilience. They said the resolution makes clear that violence has no place in schools or houses of worship.

Next, Minnesota lawmakers banned binary triggers last year, after they were used in two high-profile shootings of police officers. The move has lawmakers and advocates questioning the legislative process.

This story starts with the sound of gunfire that some listeners may find difficult to hear, but it demonstrates the firing rate of binary triggers and why they've become such a focus of debate.

Xan Holston has more.

Xan Holston: In July of 2023, a gunman opened fire on police officers in Fargo, North Dakota, killing one and injuring two other officers and a civilian.

[Nat sound: "That's where we got shots fired."]

Xan Holston: Police believed they were being shot at with a machine gun capable of continuously firing bullets as long as the trigger is being held.

Officer Zach Robinson: Central, we got a man with an AK 47. He's shooting at us.

Xan Holston: But the shooter wasn't firing a machine gun. His rifle had been modified with a binary trigger device that allows guns to shoot one round when the trigger is pulled and another when the trigger is released, effectively doubling the rate of fire of a semi-automatic gun. Last May, the Minnesota Legislature passed a law that banned binary triggers.

Senator Heather Gustafson: Binary triggers have been used in several tragic shootings, including an officer in Fargo and, of course, the first responder into officers in Burnsville.

Xan Holston: That's Senator Heather Gustafson, a Democrat representing the Twin Cities northern suburbs, talking about the new law last June. In addition to the Fargo incident, she referenced a 2024 shooting in Burnsville that killed two police officers and a paramedic.

Senator Heather Gustafson: They are unnecessary. They are dangerous. Banning them will help make our community safer.

Xan Holston: But a Minnesota District Court has since struck down the ban on binary triggers because of how the legislature enacted the law. During last year's legislative session, the House passed a bill on binary triggers, but the Senate failed to pass its version. Instead, on the last day of the session, with no time for debate, DFL leaders tacked it onto a giant bill known as an omnibus bill that was supposed to deal with taxes. A gun rights organization sued the state, and a Ramsey County judge ruled that the DFL violated the single-subject and title clause by including the binary trigger provision in the giant tax bill. That clause requires that a bill's title and its contents address the same, or at least related subjects.

Rob Doar: There were DFL votes who didn't want to vote for it. They thought it would make them vulnerable. But when you bunch it all together in a giant bill, it gives them plenty of political cover.

Xan Holston: Rob Doar is senior vice president at the Minnesota Gun Owners Caucus, a group that sued the state over the single subject violation. Doar said his group isn't necessarily fighting for the devices themselves.

Rob Doar: They're essentially range toys. You know, there's not a ton of practical value.

Xan Holston: What he said they object to is lawmakers using an omnibus bill to push through legislation that didn't have enough support to pass on its own.

Rob Doar: What's unfair is just packaging everything together into a take it or leave it bill and pushing it through with, you know, literally no time for anybody to read or understand, let alone offer amendments to it.

Xan Holston: The giant omnibus bill in question didn't just cover taxes. It also included provisions on higher education, transportation and other unrelated policy areas. The judge only struck down the binary trigger ban, but he warned that similar challenges could jeopardize other laws passed the same way. Now the state faces a tough decision. Governor Tim Walz said they plan to appeal, but some worry that could put everything in the bill at risk.

Rob Doar: If they want to roll the dice, it could be the entire bill that goes down, not just this one provision. For North Star Stories, I'm Xan Holston.

ANCHOR: You are listening to North Star Stories.

Fourth-term Representative Zack Stephenson will serve as the next leader of the Democratic Party in the Minnesota House of Representatives. Stephenson fills the vacancy created by the assassination of Melissa Hortman, who led the Democrats in the House since 2017. The new leader for the Democrats is known in part for his role in helping to legalize recreational cannabis. Stephenson represents the Coon Rapids area, which is a Northern suburb of the Twin Cities.

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HOST: North Star Stories is produced by AMPERS, diverse radio for Minnesota's communities, with support from the McKnight Foundation and the State of Minnesota. Online at ampers dot org.