It is not an auto sear . First , the design does not even have a sear , ergo the lever can't release one . As the bolt comes back it cocks the hammer and the cocking of the hammer forces the trigger to move forward and engage the notch on the hammer's bottom rather than moving a sear . The part that you're calling an auto sear then rocks rearward at the top via spring pressure moving the bottom forward over a ledge on the trigger keeping the trigger from being pulled rearward . When the bolt closes it pivots the lever forward at the top . The lever does not release anything , it merely moves out of the way so that finger pressure can move the trigger rearward releasing the hammer again for the next shot .
.It does have the advantage of keeping you from working the trigger faster than the action can function and as you are moving your finger forward by force , kept forward by the locking lever , then released while your still pulling , it's fast and requires no " finger discipline " training .
It does look to be legal , but that doesn't mean it is wise . Like pistol braces , it may draw the ATF's or other's attention to it and may " require " "them " to " fix " this " legal loophole " .
Also my major concern is trigger slap from being forced forward at every shot . I can't shoot Glocks and similar because of safety bite .
Now I think binaries are great . I own 8 and 7 of them are in registered SBRs , so if the ATF sucks them in with a free license , no big deal from my POV . If they take them , well , I've had years of cheep ( less than a total cost of one FA ) fun that was well worth the ticket price paid , but I will fight them over it .
Chris