RELEASE: Senator Mullin, Congressman Johnson Introduce Legislation to Remove Barriers to Tribal Firearm Access

Washington, D.C. - Today, U.S. Senator Markwayne Mullin (R-OK), a member of the Senate Indian Affairs Committee, and U.S. Representative Dusty Johnson (R-S.D.) introduced two bills to strengthen firearm access for Indian Country. The Tribal Firearm Access Act clarifies 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 Act eliminates burdensome regulations and streamlines tribal police department access to duty weapons.

"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."

"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 Act would fix that error," said Congressman 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."

Senator Steve Daines (R-MT) cosponsored both bills.

"Tribal members and law enforcement should be given the same treatment and access when it comes to purchasing firearms as their non-tribal counterparts. I'm proud to cosponsor these bills so that members of tribal communities and law enforcement agencies are able to provide safety and protection for both themselves and their peers," said Senator Daines.

Tribal Firearm Access Act:

The Tribal Firearm Access Act would 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.

Click here for 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" machine guns. 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 Sen. Chuck Grassley (R-IA).

"Tribal police departments in the United States are often subject to additional burdensome regulations and taxes, which prevent them from having the tools they need to protect their communities. The Tribal Police Department Parity Act would cut through this red tape and ensure tribal law enforcement officers aren't subject to unnecessary bureaucracy while fulfilling their sworn duties," Senator Grassley said.

Click here for bill text.

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