Cigarettes, Sovereignty, and the Constitution: A Legal Storm Brews in California

The Twenty-Nine Palms Band of Mission Indians is engaged in a contentious court fight with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for being placed on the Prevent All Cigarette Trafficking (PACT) Act's noncompliant list. The tribe contends that its cigarette sales on sovereign land are entitled to federal law and tribe treaties protection.

 

Key Highlights:

 

- ATF placed the tribe on the noncompliant list in 2023 for being in violation of California's cigarette tax and licensing law

 

- The tribe brought a lawsuit against ATF and the Department of Justice, claiming the court ruling violates tribal sovereignty and misinterprets the PACT Act

 

- In February 2025, an ATF interpretation that tribal sales were "delivery sales" to "consumers" under the Act was upheld by a federal court when it dismissed the case.

 

Appeal in Motion:

 

- On April 9, the tribe appealed to the Ninth Circuit, arguing ATF's decision was legally erroneous and procedurally unfair

 

- The tribe claimed its sales were only to other federally recognized tribes that were outside California's jurisdiction

 

- It also asks for an injunction to be delisted as non-compliant pending appeal on the basis of irreparable harm

 

Broader Implications:

 

This case can redefine federal regulation of tobacco on Indian reservations and impact all reservation-to-reservation trade companies. The ruling could set precedent for reconciling regulation enforcement and tribal sovereignty.

 

Source: Regulatory Oversight