Johnson, Mullin Legislation Removes Barriers to Tribal Firearm Access

Washington, D.C. - Today, U.S. Representative Dusty Johnson (R-S.D.) and U.S. Senator Markwayne Mullin (R-OK) introduced legislation that strengthens firearm access for Indian country. The Tribal Firearm Access Actclarifies existing law to include tribal governments as eligible entities to issue identification documents for the purposes of obtaining a firearm. The Tribal Police Department Parity Acteliminates burdensome regulations and streamlines tribal police department access to duty weapons.

"The ability for lawful citizens to exercise their Second Amendment rights shouldn't exclude someone for being a tribal member. Foreign passports are acceptable forms of identification for firearm purchases, but tribal IDs are not. My Tribal Firearm Access Actwould fix that error," said Johnson. "Additionally, tribal police departments are often severely under resourced yet have to jump through even more hoops to obtain the duty weapons their jobs require. We must do better to support tribal law enforcement - the Tribal Police Department Parity Act will do just that."

"Tribal citizens, and all law-abiding Americans, have a fundamental right to keep and bear arms. For too long, Tribal members have been prohibited from using their government-issued Tribal identification to lawfully obtain firearms. Our commonsense legislation corrects this wrong," said Senator Mullin. "We're also boosting support for our Tribal police departments to ensure they don't have to use vital resources on unnecessary processes. I'm proud to be leading this effort in the Senate and working with my good friend in the House, Congressman Dusty Johnson."

Tribal Firearm Access Act:

The Tribal Firearm Access Actwould clarify that identification documents issued by tribal governments are generally accorded the same treatment under federal criminal law as identification documents issued by the Federal Government or by a state or local government for the purpose of transferring a firearm. This bill amends Section 922(d) of Title 18 to include valid tribal government identification documents.

"The fundamental right to keep and bear arms is dependent on the ability of law-abiding Americans to acquire firearms. This bill would ensure that identification documents issued by federally recognized tribal governments can be used to legally transfer and purchase firearms, ensuring that this right is upheld for all," said John Commerford, Executive Director of NRA-ILA. "On behalf of our millions of members and firearm owners nationwide, we thank Representative Dusty Johnson for introducing this important legislation and protecting the rights of law-abiding Native Americans."

"NSSF supports this no-nonsense measure that will ensure fair and accurate background checks for the purchase of a firearm at the point-of-sale. The Firearm Industry Trade Association consistently advocates for improvements to the FBI's National Instant Criminal Background Check System (NICS) to confirm that only those who can be trusted to possess a firearm are able to purchase one from a firearm retailer. Our members rely on that system to be accurate and providing a means for tribal members to use their tribal identification cards will safeguard their ability to exercise their Second Amendment rights while ensuring firearms remain out of the hands of those that cannot be trusted to possess them," said Lawrence G. Keane, Senior Vice President & General Counsel, National Shooting Sports Foundation.

The Tribal Firearm Access Actis cosponsored by Reps. Tracey Mann (R-KS), Tom Cole (R-OK), and Adrian Smith (R-NE).

Click herefor bill text.

Tribal Police Department Parity Act:

Under current law, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) places an undue burden on tribal police departments while exempting state and local entities from the same bureaucracy.

Tribal police departments that lack a cross-deputization agreement with the Bureau of Indian Affairs (BIA), must (1) pay a National Firearms Act(NFA) transfer tax stamp, (2) are prohibited from interstate transfers, and (3) are prohibited from possessing of "post 1986" machineguns. Absent this legislation, the ATF treats non-cross-deputized tribal police departments as civilians under the NFA and the Gun Control Act(GCA). See ATF guidance HERE.

The Tribal Police Department Parity Act is cosponsored by Rep. Don Bacon (R-NE).

Click herefor bill text.