Bill Summary
The **Tribal Police Department Parity Act** is proposed legislation aimed at ensuring that Tribal law enforcement agencies have the same access to firearms as Federal, State, and local law enforcement agencies. The Act proposes amendments to Title 18 of the United States Code and the Internal Revenue Code of 1986 to enable this access.
Key provisions include:
1. **Access to Firearms**: The Act amends existing laws to allow Tribal law enforcement agencies, as defined by the Indian Self-Determination and Education Assistance Act, to possess and transfer certain firearms, including post-1986 machine guns.
2. **Transportation and Importation**: It grants Tribal law enforcement the same rights as other law enforcement agencies regarding the transportation, shipment, receipt, possession, and importation of firearms and ammunition.
3. **Tax Exemptions**: The legislation also introduces tax exemptions related to firearms transfers for Indian Tribes, aligning them with those available to States.
Overall, the Act aims to enhance the capabilities of Tribal law enforcement agencies by ensuring they are treated equitably under federal firearms laws.
Possible Impacts
The "Tribal Police Department Parity Act" could affect people in several ways, including:
1. **Enhanced Law Enforcement Capabilities**: By allowing Tribal law enforcement agencies to access firearms on par with Federal and State agencies, Tribal police may be better equipped to address crime and public safety issues within their communities. This could lead to more effective law enforcement and a potential reduction in crime rates, benefiting community members who have previously felt underserved.
2. **Legal Clarity and Equal Treatment**: The legislation clarifies the legal framework regarding the possession and transfer of firearms for Tribal law enforcement. This could reduce ambiguity and legal challenges faced by Tribal agencies in their operations, leading to a more consistent application of laws across jurisdictions. Members of Tribal communities might feel more secure knowing that their law enforcement is empowered similarly to non-Tribal counterparts.
3. **Economic Impact from Tax Exemptions**: The amendments to the Internal Revenue Code that provide tax exemptions for firearms transfers to Tribal entities could encourage the establishment and growth of Tribal law enforcement agencies. This could lead to increased employment opportunities within those agencies as well as potential economic growth within Tribal communities as they invest in necessary resources. Additionally, more efficient law enforcement may also have positive effects on local businesses and community development.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3945 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3945
To ensure that Federal laws that enable Federal, State, and local law
enforcement agencies to access firearms apply equally to Tribal law
enforcement agencies.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2026
Mr. Mullin (for himself, Mr. Daines, Mr. Hoeven, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To ensure that Federal laws that enable Federal, State, and local law
enforcement agencies to access firearms apply equally to Tribal law
enforcement agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
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