by Joseph P. Tartaro | Executive Editor
There was a time when the US and Canadian federal governments sent troops or Mounties out to prevent the indigenous people of North American from acquiring and possessing firearms.
Later on both nations were subdivided into states and provinces and layers of federal laws and state firearms laws were enacted. Treaties were adopted that assigned tracts of land to the several native nations, called reservations, in which the Indian nations could manage their own affairs, enact their own laws, and even operate gaming casinos or sell certain items, such as gasoline and tobacco free of state taxes.
Not far from the TGM offices, the Seneca Nation not only operates some tax-free enterprises, they even sell licenses for non-Indians for the right to hunt and fish on reservation land—except for whitetail deer hunting. As with any other native enterprise there are restrictions and complications involving compliance with New York State and federal laws and regulations.
So it is surprising to discover that at least on the Navajo Nation reservation—located mostly in the gun friendly state of Arizona, which is supposed to be self-governing, the ugly subject of gun control in the form of universal firearms registration has surfaced.
TGM learned about it thanks to a copy of the Navajo-Hopi Observer printed in April which was sent to us by TGM Reader Harold H. Talanian of Flagstaff, AZ. Talanian raised the question of legality since neither the state nor federal governments have so far enacted a similar law. Of course, if the Navajos adopt such a law, the federal courts will have to parse all the treaties and laws involved.
That said, a Navajo Nation Firearms Act is under consideration, according to the Navajo-Hopi Observer, which reported on a meeting of the Law and Order Committee (LOC) of the Navajo National Council during which some questions by LOC members were raised and the proposal advanced to further study.
Reporting from Window Rock, AZ, the Observer took note of the questions raised during the April 10 meeting at which the legislation—No. 0114-17, which would amend Title 17 of the Navajo Nation Code and enact the Navajo Nation Firearms Act (NNFA) was considered by the LOC.
LOC members raised many concerns and questions regarding the proposed act during the meeting.
Legislative sponsor Council Delegate Davis Filfred stated that the proposed act is the first of its kind for the nation and is highly needed to benefit the Navajo Nation Division of Public Safety.
“The initiative to establish a firearms act for the nation has been ongoing for two years. The nation doesn’t have these laws and it should be highly considered. Safety is the main intent of the legislation,” Filfred said.
According to the legislation, the act states that the Navajo Nation Police Department (NNPD) shall maintain a central registry of all firearms —rifles, shotguns, pistols—that exist on the Nation, except firearms in possession and under the control of the Nation itself. The registry would contain the identification of the firearm, the date of registry, and identification and address of person(s) entitled to possession of the firearm.
LOC Council Chair Edmund Yazzie did not favor the proposed act due to the possible infringement of the rights of individuals.
“I do not support the legislation because it will affect the US Constitution’s Second Amendment, which states that the people have the right to bear arms and it shall not be infringed. This act would limit the ownership of firearms. Firearm registry is also regulated by the federal government.’”
LOC vice Chair Council Delegate Raymond Smith asked if the NNDPS would have the resources and funds to implement the act.
NNPD chief of police Phillip B. Francisco stated that the proposed act would be a helpful tool for his department. However, he said the department lacked both the manpower and the funds.
“I am aware that the state regulates the registry of firearms when you purchase a firearm. They also do a background check. Will the proposed act create duplication of services?,” LOC member Council Delegate Otto Tso asked.
The sponsor of the legislation, Delegate Filfred replied that as a sovereign government, the Nation has the capability to implement the act and it should not depend on how the state regulates firearms. However, if the legislation is passed, the issue will mostly certainly be parsed by the courts.
LOC member Council Delegate Kee Allen Begay Jr. recommended that the legislation be referred to the Navajo Nation Division of Public Safety to provide an analysis on how much the proposed law would cost to implement and how many staff members will be need to implement the program.
The Observer reported that the LOC voted 3-0 in support of the directive to have NNDPS provide an analysis report regarding the legislation within six months. The Navajo Nation Council serves as the final authority for the measure.
The whole issue could be blocked because of staffing and funding corners, but we’ll have to wait at least six months for the next action. Much, of course, may depend on the reaction of the voters in all of the delegates’ districts.
More Arizona
Here’s an extra Arizona news bulletin for all those Americans who were impressed when Tombstone, AZ, proclaimed itself the Second Amendment City earlier this year.
The people behind that proclamation aren’t resting on their laurels. Among other things, they have scheduled their first “Tombstone Freedom Day” parade and special events for July 1 this year, and are welcoming visitors to participate. You can sign up for the 11 am parade sponsored by the city and the Tombstone Lions Club starting at 10:15 am, with other special events running through 3 pm. Western attire optional. For more information about other doings, visit online at: secondamendmentcity.org.
