Traveling Through Arizona Tribal Lands on Vacation

[bhk]

We are planning a trip to the Grand Canyon and will be traveling through several Indian reservations in Arizona on the way. These tribes are part of the Colorado River Tribal group and, according to handgunlaw.us, their regulation says:

A person commits the offense of carrying a concealed weapon if, without legal justification, or lawful authority as hereinafter provided, he knowingly carries concealed on or about his person a knife, firearm, or other dangerous weapon as hereinafter defined.
a. It shall be an affirmative defense that the accused was:
(1) Lawfully authorized to carry such knife, firearm or other dangerous weapon concealed on or about his person, which lawful authority shall be by permit issued by the Tribal Council or such other authority designated by it, or by written permit or other authority of the United States;
(2) A Police or other law enforcement officer of the Tribes or the United State acting in the performance of his official duties; or
(3) Was in this own dwelling, or place of business, or on property owned or under his control at the time of the act of carrying; or
(4) Was in a private automobile or other means of conveyance and was carrying the weapon therein for lawful protection of his or another permit or property while traveling.

Am I correct in interpreting this as meaning my Missouri CCW is valid (according to #1 above)? We plan on staying on the highway while traveling through the reservations. Any Arizona folks with some insight? Thanks!

 

[theicemanmpls]

We are planning a trip to the Grand Canyon and will be traveling through several Indian reservations in Arizona on the way. These tribes are part of the Colorado River Tribal group and, according to handgunlaw.us, their regulation says:

A person commits the offense of carrying a concealed weapon if, without legal justification, or lawful authority as hereinafter provided, he knowingly carries concealed on or about his person a knife, firearm, or other dangerous weapon as hereinafter defined.
a. It shall be an affirmative defense that the accused was:
(1) Lawfully authorized to carry such knife, firearm or other dangerous weapon concealed on or about his person, which lawful authority shall be by permit issued by the Tribal Council or such other authority designated by it, or by written permit or other authority of the United States;
(2) A Police or other law enforcement officer of the Tribes or the United State acting in the performance of his official duties; or
(3) Was in this own dwelling, or place of business, or on property owned or under his control at the time of the act of carrying; or
(4) Was in a private automobile or other means of conveyance and was carrying the weapon therein for lawful protection of his or another permit or property while traveling.

Am I correct in interpreting this as meaning my Missouri CCW is valid (according to #1 above)? We plan on staying on the highway while traveling through the reservations. Any Arizona folks with some insight? Thanks!

I am not sure what " such other authority designated by it, or by written permit or other authority of the United States" of #1 exactly means.
You mentioned you were just driving through in your car. I would think #4 would allow one to keep a firearm in the vehicle.

Of course the standard line is to talk with an attorney.

 

[Twiki357]

The "Indian Nations" are their own separate breed. Basically, separate nations within the U.S. Every tribal council/reservation makes it's own laws and has it's own tribal police and they are all supported by U.S. taxpayers.

As long as you are on a highway passing through a reservation, your okay. Turn off onto a reservation and your on your own (Kind of like NY and LA where the cops consider anyone with a firearm to be a criminal.)

 

[medalguy]

I drive through an Indian reservation every single day with a CCW. Never had a problem of any kind. You likely won't interact with any BIA or tribal LEOs unless you speed or do something rqually dumb.

I'll stop next time I see an officer and ask him about the carry rules in general since "my" tribe is not part of the Colorado group. We're in New Mexico but the general rules should be the same for outsiders carrying.

 

[armoredman]

Do not stop in the res except emergencies if you are armed. Bring your permit for additional legal backup, might help. If you stay off the reservations you are covered under our Constitutional Carry law. Welcome to Free AZ, have fun!

 

[316SS]

bhk,

I have no experience with tribes in Arizona, but here in Northern California care must be taken when traveling to or through reservations or tribal owned lands. If I were you I would contact the Tribal Council or equivalent and/or the head of tribal law enforcement and ask. If the answer is "yes, it's OK" then get it in writing. If your firearm is confiscated by the tribe for a violation of tribal law, you will never see it again and there isn't anything local, state, or federal US authorities can do about it.

Better just to check first, rather than not knowing and hoping for the best. Good luck and let the group know what you find out.

 

[AABEN]

I have been on a lot of India Reservactions and been on ther roads and to diffrent places on them and have never had any trouble and I was packing all the time. I might had been lucky so I would like to know what the law is. One of my 15 S&W has a serial # that is engraved on it from the Apache Nation alone with the S&W number. I have the paper that came with the gun.

 

[andrewstorm]

you can just open carry....

In arizona cowboys and other ranchers ,miners,ect.and youll never get a second look especially if you wear a cowboy hat,

 

[Nullcone]

Anecdotal, but...

FWIW:

I've lived in Arizona a long time and never had a problem with a tribal officer and/or on tribal land before (and this encompasses maybe half a dozen interactions of all kinds); I cannot say the same about law enforcement in general here.

Of course, I've never been illegally hunting or doing stupid things on tribal land either. Every time I've gone hunting I've had their permit(s) and shooting I've been accompanied by a member.

I would say you are 100% fine, especially if you're just driving through. Enjoy!

 

[leadcounsel]

I've never legally looked into it, but have been advised by some others that are familiar with tribal areas and they have their own legal system. You break a rule and you may not like the outcome as an "outsider."

Your permit may not be recognized on Tribal lands.

 

[harrygunner]

Lots of tribes in Arizona, each with their own rules. I would contact tribes in areas I will travel in.

Are you sure about the Colorado River Tribal Council being the one to contact? They seem a bit far to the southwest of the Grand Canyon. I recall seeing references to the Havasupai and Hualapai tribes on my visits there.

Don't know which way you plan on getting to the Canyon. The drive up 180 to the 64 out of Flagstaff is very picturesque. The drive down the 89, north of Flagstaff has Native stores on the side of the road, but that drive, except for views of the San Francisco mountain is less interesting.

 

[buckhorn_cortez]

There is one thing you might want to take into consideration. A person that I know of was pulled over on a routine traffic stop for speeding on the Navajo Indian Reservation. In the process of issuing the ticket, they found out he had a gun in the glove compartment of his car. The tribal police asked him to "prove he owned the gun" - which he could not do because he did not have a receipt for the gun in the car. They confiscated the gun, and told him he could pick it up at tribal police headquarters if he could prove it was his gun.

You might want to take a copy of a receipt for whatever guns you're contemplating taking with you just in case you're pulled over and the same type of issue is raised. After that incident, I always make sure i have a receipt for the gun I have in my truck when I drive through the indian reservations.

 

[DaisyCutter]

Tribal cops won't touch you unless you do something really bad. They typically restrict actions to tribal members. I've had to take accident reports on tribal land because the the tribal cops refused jurisdiction because the partys involved aren't tribal members.

I carry on tribal land, and carried before becoming LEO in AZ.

Virtually everything except rape and murder is a misdemeanor on the res. Lotsa drunk drivers on the res. I DUI is equivalent to a parking ticket for tribal members. Most have no license and insurance. Drive safe.

 

[hermannr]

Every tribe has their own reglations, most of the larger tribes have them posted on the internet for you to read if you wish.

Tribal law only applies to tribal members. Depending one the tribes agreements with the state they are located in, the tribe may be able to arrest a non-tribal member, or not. In some states the tribal police have to contact the state police to arrest someone for something like DWI, in other states, the tribal police can effect the arrest themselves.

Whatever way the state and tribe have arranged, tribal law only effects tribal members, whiteman's law effects others.

I have found in my reactions with several WA, OR and ID tribes, if you treat tribal property the same way you would treat private property, you will do fine. That includes, if you are going to be off the highway and onto the reservation land, and you wish to carry, petitition the tribal council...be polite, be respectful, and be reasonable..It goes a long way.

BTW: To the guy that had his pistol conficated by the tribal police,,,it was stolen from you, not conficated. The tribal officer had no legal right to take your weapon. If you are on a public highway, and can legally possess a weapon in that state, the tribe has no control over you.

 

[ns66]

i have a related question, i don't have ccw permit, but can i have a gun (pistol or ar-15) locked in the trunk while travelling and camping?

 

[J_McLeod]

Good to know to that there are different laws on the tribal lands. I thought it was the same throughout Arizona.

Not related, but if you're traveling through Northen Arizona, be sure to stop at Petrified Forest and Canyon de Chelly NP if you have time. Both are worth the time.