WHEREAS, the membership of the IACP supports efforts to recognize Tribal Police Departments as governmental entities similar to agencies of the United States government, or of a state government or a political subdivision thereof, for purposes of the National Firearms Act (NFA) and the Gun Control Act (GCA); and

WHEREAS, the membership of the IACP recognizes Tribal Police Departments, which number over 165 agencies, as law enforcement agencies of sovereign, federally-recognized Indian Tribes; and

WHEREAS, Tribal Police Departments are vital to providing public safety in Indian Country across the United States; and

WHEREAS, the NFA generally imposes a tax on the transfer of an NFA weapon, it exempts the following government entities from payment: the United States or any department, independent establishment, or agency thereof, and any state, possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigation; and

WHEREAS, the GCA generally prohibits the interstate shipment of firearms to unlicensed persons, but contains an exception for shipments to the United States or any department or agency thereof or any state or any department, agency, or political subdivision thereof; and

WHEREAS, the GCA generally prohibits the transfer or possession of machineguns manufactured after May 18, 1986, except with respect to a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof, or a state or a department, agency, or political subdivision thereof; and

WHEREAS, Tribal Police Departments are not part of, or agencies of, the United States government, a state government, or a political subdivision of a state. Therefore, Tribal Police Departments under the NFA or the GCA generally: " Do not qualify for the exemption from payment of the transfer tax for NFA firearms, " Are not eligible to receive firearms interstate, and " Cannot possess a machinegun manufactured after May 18, 1986; and

WHEREAS, Tribal Police Departments can participate in a cross-deputization program offered by the Bureau of Indian Affairs (BIA), United States Department of the Interior, in which tribal officers receive BIA special law enforcement commissions. Once deputized (and while the deputization remains in effect), the tribal officers are considered federal law enforcement officers for purposes of the NFA and GCA. Accordingly, when deputized, the Tribal Police Departments qualify for the tax exempt transfer, interstate transfer, and can possess machineguns manufactured after May 18, 1986; and

WHEREAS, the IACP supports efforts to allow all Tribal Police Departments to have access to NFA firearms to ensure tribal officers can effectively carry out their duties and protect tribal communities in Indian Country; now, therefore, be it

RESOLVED, that the IACP strongly supports legislation to amend the NFA and the GCA so that Tribal Police Departments are recognized as governmental entities for purposes of the NFA and the GCA, similar to agencies of the United States government, or of a state government, or a political subdivision thereof without the requirement of special law enforcement commissions so that Tribal Police Departments: " Are exempt from payment of the transfer tax for NFA firearms, " Are eligible to receive firearms interstate, and " Can possess a machinegun manufactured after May 18, 1986.

Submitted by the Firearms Committee

FC.008.a10