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CC on Indian Reservations?

Discussion in 'Legal' started by sandwich, Jan 28, 2008.

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  1. sandwich

    sandwich member

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    I was just curious if anyone knew anything about CC on Indian Reservations, since I believe that they are actually semi autonomous "nations" that have different laws than the state that they are in (hence casinos for example). Does anyone know if the laws of an Indian Reservation trump state and/or Federal law, or is a state's CC laws still in effect even on a Reservation. This is just something that I am really curious about. Thank you for your input, I appreciate it.
     
  2. Mannix

    Mannix Member

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    Federal, partial, State, yes. Different reservations will have different rules, but they can choose whether or not to recognize CC permits. Even if they do recognize CC permits, every casino I've ever been in was posted.

    EDIT: I found an old thread.

    http://www.thehighroad.org/showthread.php?t=16248
     
  3. Hammerxc

    Hammerxc Member

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    Great thread
     
  4. Blacksmoke

    Blacksmoke Member

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    Having lived in New Mexico for a long time and spent time on the lands of the Navajo, Jicarilla Apache and Taos Tiwa Pueblo, be assured that the tribal police of these nations are most definately under the impression they are soverign nations. A non-tribal member possessing any firearm without a tribal permit is in "a heap 'o trouble." I can only guess at what would happen if a tribal officer found a concealed weapon on your person and it is not pretty.

    If you fire upon a tribal member on tribal lands, regardless of circumstances, be prepared for a long and uncomfortable legal process.

    You are encouraged to contact the tribal police of whatever nation you plan to enter and seek their advice. What ever a tribal officer tells you once on the reservation- DO IT!

    Hope this helps.
     
  5. Oohrah

    Oohrah Member

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    NO, No, and No without chief or tribal police prior approval !!!!:D
     
  6. jlbraun

    jlbraun Member

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    ^^^ So basically, they're like a 3rd world country where you have to bribe the right guy?
     
  7. sandwich

    sandwich member

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    Actually, many Indian Reservations have been described as being like third world countries. It really isn't something to laugh at either, it's a national disgrace what our government has done to those people.
     
  8. Travis Lee

    Travis Lee Member

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    My understanding is that you are legal if you are on the state road. Going on rez roads or in a store, nope.

    Does that mean that a rez cop won't give you trouble, arrest you, or confiscate your gun ANYWAY?

    dunno
     
  9. LAR-15

    LAR-15 Member

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    I guess it depends on the laws and the tribe in question.
     
  10. Blacksmoke

    Blacksmoke Member

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    In New Mexico state and county roads that run through tribal lands are patroled by Tribal Police. They is the Law, period.

    jbraun, no offense meant towards you but you might want to adjust your attitude before setting foot onto tribal lands. You will receive back exactly what you put out. Many native nations are poor, some are not; e.g. Jicarilla Apache, Agua Caliente Apache. The reasons are many and the history long. Keep in mind that their strategy is to wait for us to go away.
     
    Last edited: Jan 30, 2008
  11. ArmedBear

    ArmedBear Member

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    Y'all should visit some of the local reservations 'round here. It will assuage your guilt.
     
  12. ronwill

    ronwill Member

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    Reservations are independent governments and, as such, have their own laws and police agencies. I have traveled through, and within, several reservations with each different in their view on having weapons. Just like states some are more friendly than others. The best thing to do is contact any respective tribal councils and ask if they will accept your CCW permit. You may also get some info here:

    http://handgunlaw.us/
     
  13. Kilrain

    Kilrain Member

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    In California, all state criminal laws apply on reservations, including those laws governing CCWs.
     
  14. glockman19

    glockman19 Member

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    If a tribal chief or chief of police of a tribe in California offers or approves of a CCW. Then wouldn't the proper issuance from a CA Police Chief, even a tribal chief in CA, represent a CA CCW that would/should be honored throughout the state?
     
  15. mokin

    mokin Member

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    Here in Colorado you are Ok as long as you stay on the highway. Once you are off the right-of-way your CCW is no longer valid. Just keep your vehicle in good working order, recognize and obey the speed limit and if stopped be polite with the officer. I've had several encounters with tribal LEOs and the topic of firearms never came up (don't ask, don't tell).
     
  16. Kilrain

    Kilrain Member

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    glockman19,

    I'm afraid I don't understand what you are saying and/or asking.
     
  17. TexasRifleman

    TexasRifleman Moderator Emeritus

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    No, since the Indian reservation is not really "part" of California.

    It would be like me getting a Texas sheriff to sign off on a California CCW.

    Not the same state, won't work.
     
  18. Crashola

    Crashola Member

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    I thought the general rule is that the state, rather than tribes, have jurisdiction on the rez for victimless crimes by non-Indians. That said, I wouldn't test this on any reservation that I have been on. You may be in the right, but I'm not interested in sitting in a tribal jail awaiting an order from a federal judge for my release.

    Worse yet, if the tribe decides to argue that the unauthorized carry of a weapon is not a victimless crime (I can imagine arguments that it poses a threat to tribal members, etc.), they'll likely litigate that all the way to the Supreme Court.
     
  19. ronwill

    ronwill Member

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    I thought the general rule is that the state, rather than tribes, have jurisdiction on the rez for victimless crimes by non-Indians. That said, I wouldn't test this on any reservation that I have been on. You may be in the right, but I'm not interested in sitting in a tribal jail awaiting an order from a federal judge for my release.

    Worse yet, if the tribe decides to argue that the unauthorized carry of a weapon is not a victimless crime (I can imagine arguments that it poses a threat to tribal members, etc.), they'll likely litigate that all the way to the Supreme Court.

    Crashola, while the tribal police may not be able to arrest you in many cases they can and will confiscate any "illegal" weapons. Illegal being set by the tribal council. Reservations are autonomous governments with the only exception being travel through them on U.S. highways. Once you leave the highway your under their law.
     
  20. george29

    george29 Member

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    To clarify a bit more, many non-native meth labs can be found on tribal lands and the feds need co-operation with the tribal police to make arrests. Some Pueblos really don't want any type of trespassers so in essence, even someone who is making a slight shortcut through reservation land could theiretically be arrested for tresspassing. CCW's are not honored in pueblos and reservations.
     
  21. LAR-15

    LAR-15 Member

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    What about the Federal law that allowed LE officers to carry throughout the US?
     
  22. ADKWOODSMAN

    ADKWOODSMAN Member

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    There are laws on Indian Reservations? The way they smuggle illegals across the St. Lawrence river between here and Canada I didn't think there were any laws.
     
  23. Autolycus

    Autolycus Member

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    Do you have any links to back this up? What your saying is quite the allegation and I would like more information.
     
  24. Blacksmoke

    Blacksmoke Member

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    ADKWoodsman, now now, the way your phrased your post it almost seems to imply that all native tribes are the same as in "them Redskins." I know you did not mean it that way.
     
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