H.R. 7699

Tribal Police Department Parity Act

Sponsor: Dusty Johnson

1 cosponsor
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Official summary

Written by the Congressional Research Service.

Tribal Police Department Parity Act

This bill treats tribal law enforcement agencies in the same manner as federal, state, and local law enforcement agencies for purposes of accessing firearms.

The National Firearms Act (NFA) generally imposes a tax on the transfer of an NFA firearm; however, specified governmental entities (e.g., federal, state, and local law enforcement agencies) are exempt from this transfer tax. This bill extends this exemption to Indian tribes (and consequently, to tribal law enforcement agencies).

The Gun Control Act (GCA) generally prohibits the interstate shipment of firearms to unlicensed persons, but exempts specified governmental entities from this prohibition. This bill makes Indian tribes (and consequently, tribal law enforcement agencies) eligible to receive firearms interstate.

The GCA also prohibits the transfer or possession of machine guns manufactured after 1986, but exempts specified governmental entities from this prohibition. This bill makes Indian tribes (and consequently, tribal law enforcement agencies) eligible to transfer or possess these machine guns.

Text of the bill

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Sec. 1. Short title

This Act may be cited as the Tribal Police Department Parity Act.

Sec. 2. Tribal law enforcement access to firearms

(a) Amendments to title 18, United States Code

(1) Transfer and possession of post-1986 machineguns. Section 922(o)(2)(A) of title 18, United States Code, is amended—

(A) by striking or a State, or and inserting , a State or; and

(B) by inserting before ; or the following: , or an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or any department or agency thereof.

(2) Transportation, shipment, receipt, possession, and importation of firearms and ammunition. Section 925(a)(1) of such title is amended—

(A) by striking or any State and inserting , any State; and

(B) by inserting before the period at the end the following: , or any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or any department or agency thereof.

(b) Amendments to Internal Revenue Code of 1986

(1) Transfer tax exemption. Section 5853(a) of the Internal Revenue Code of 1986 is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) after any State.

(2) Making tax exemption. Section 5853(b) of such Code is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) after any State.

(3) Effective date. The amendments made by this subsection shall apply to any firearm transferred or made after the date of enactment of this Act.