Western South Dakota News

Washington, D.C. – On May 11, 2023, U.S. Representative Dusty Johnson (R-S.D.) introduced the Tribal Police Department Parity Act to eliminate burdensome regulations and streamline Tribal police department access to duty weapons. Under current law, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) places an undue burden on Indian Tribal police departments while exempting state and local entities from the same bureaucracy. U.S. Senator Markwayne Mullin (R-OK) introduced companion legislation in the Senate, ahead of National Police Week. 

“Tribal governments with slim resources have to jump through more hoops to properly supply appropriate duty weapons to their law enforcement,” said Johnson. “This bill reduces unnecessary regulatory burdens for tribal law enforcement agencies.”

“Tribal police departments work tirelessly to protect and serve our communities in Oklahoma and around the nation,” said Senator Mullin. “However, under current law, the ATF treats non-cross-deputized Tribal law enforcement as ‘second class’ agencies, no different than civilians. Tribal police departments should receive equal treatment under the law without being subject to transfer fees, banned interstate transfers, and other excessive red tape. It’s my honor to introduce the Tribal Police Department Parity Act to push back against unfair regulatory restrictions and support Tribal law enforcement.”

Background:

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.

Original source can be found here.