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Old November 19, 2009, 12:17 AM   #1
EdInk
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Indian Reservation Gun Laws

Posted this on another board but nobody had any answers.

I was wondering what kind of gun laws are there on Indian (Native American) reservations. I know because of certain sovergienty laws they can operate casinos on their land in states where others cannot, sell certain things like fireworks (to use a stereotype), grow plantsfor religious purposes and have exemption or exceptions from different laws.

What about gun laws? Can they buy/own whatever they want? Registration/background rules? Can we buy guns there? What about taking them home from the reservation. Anyone know about this kind of stuff? Just wondering and looking for ways not to be denied my Constitutional Right to own whatever type of guns I cam afford. If any can appreciate people have guns do stop"tryanny" it would be the Native Americans. Too few guns Too late in the game. I'm not saying taking over was right or wrong, it happened and we can't change it. That is NOT the issue here. I want to know about the gun laws stuff only.
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Old November 19, 2009, 01:10 AM   #2
SteelJM1
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It depends on the nation, really. Your best bet is to call their PD and find out the rules for whatever nation you're planning on driving through/ visiting, since they can and usually do have different laws.

And I'm pretty sure since they're technically sovereign nations, they don't need to uphold the Constitution, though I may be wrong.
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Old November 19, 2009, 01:18 AM   #3
espnazi
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So if they make their own laws can they import full autos, and maybe a few RPGs?
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Old November 19, 2009, 01:26 AM   #4
javabum
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EdInk,what state do you live in,out of curiosity.
Here in fresno,CA the Indian land is secured by tribal police.but some of the county roads that we drive on are apart of tribal land but not kept up by them.And there for having a gun while traveling so long as its cc'd is ok but,if you are on casino property you cannot carry.Must leave it in car or at home.
And i presume it is the same on all tribal land in California.
The info i received was from the tribal police.I do suggest you talk to tribal
police,they may have the info your looking for.
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Old November 19, 2009, 01:32 AM   #5
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espnazi,Your post is about as far off the issue its not funny.
If you have use full info ok if not don't ruin it for someone trying to learn.
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Old November 19, 2009, 08:33 AM   #6
drail
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Be very wary and careful when traveling across reservation land. They are just like a sovereign nation as far as the law goes. US Federal and state law does not apply.
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Old November 19, 2009, 09:35 AM   #7
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Wow.

Let's try to keep it civil, and try to answer a few questions here--and clear up what I hope is honest misunderstanding and not bigotry.

1. Federally recognized Indian tribes are indeed sovereign nations--however, there is a unique relationship between the Tribal Government and the US Government. While we (Native Americans) recognize that we have our own Nations, we also fall under Federal law. As an example, criminal acts on the Reservation may be addressed by Tribal Code, as long as only Native Americans are involved--and as long as the crime is committed on the Reservation. Serious felony level crimes--arson, murder, rape, kidnapping as an example--are investigated by the FBI, and prosecuted in Federal Court.

2. While it is true that firearms laws are indeed diverse within the boundaries of the Reservation, in most cases the Reservations and Tribal Government adapt the laws and statutes of the surrounding jurisdictions. Here, on the Reservation on which I work (S'puyalupubsh, or better known as the Puyallup Tribe), we enforce the Revised Code of Washington.

3. No, we cannot automatically acquire, possess or use Class II or III firearms, destructive or explosive devices, suppressors, AOW, SBS or SBR. Here in the State of Washington, private ownership of full-auto, SBS or SBR is prohibited by State law. And don't be confused about fireworks--on some Reservations (including ours), if you're caught with fireworks that exceed the explosive power of an M80, you get a nice $500.00 citation. Or, you might get a visit from ATF.

4. Finally, Federal and State law DOES most assuredly apply on quite a few Reservations.

I hope that this clears some of the muddy water.

Cordially,

your friendly neighborhood Powderman
Patrol Officer
Puyallup Tribal Police
Tacoma/Pierce County, WA

PS: Answering this phrase:

Quote:
And I'm pretty sure since they're technically sovereign nations, they don't need to uphold the Constitution, though I may be wrong.
Trust me, with as many veterans of the Armed Services on the Reservation, you BET that we will "defend the Consitution of the United States, against all enemies, foreign and domestic..."
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Old November 19, 2009, 04:32 PM   #8
Mr. James
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Powderman,

Thank you for the informative post. Lived for quite some time in Kitsap County, adjacent to the Port Madison Reservation (Suquamish) near Agate Pass. As a boy, the legal situation was utterly incomprehensible to me. Thanks for the factual post.

Bob James
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Old November 20, 2009, 07:51 AM   #9
blume357
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A few years back I was going to a business convention in

Connecticut and applied and got a Connecticut pistol license.... a week or two before heading up that way i realized I was actually going to the Mohican Sun, which is an Indian Reservation... So I went at looked at their firearms laws... none allowed (any kind any way) with out permission of the tribal elders... I guess when you drive in the parking lot you aren't in"Connecticut any more Dorothy"......

when I researched the tribal laws and constitutions it looked to me like most 'Indian Reservations' had the same 'company' write their laws... some place down in Seminole Florida.

Oh, and all the tribal elders, managers in suits, I saw while I was 'in' the reservation looked more like they should be on the Sopranos TV show.

But to be a little trite.... who can blame the various Native Americans for not wanting the white folks visiting their lands to carry guns... historically this has been a bad thing for them.
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Old November 23, 2009, 03:40 PM   #10
johnwilliamson062
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Wasn't there a big case with someone moving on to a reservation and setting up shop converting semi-autos? You drive on the reservation to this gunsmith shop, he converts and you drive home.

I don't think it ended well for the "gunsmith"
Maybe that was a movie.
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Old November 23, 2009, 05:37 PM   #11
Powderman
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Quote:
when I researched the tribal laws and constitutions it looked to me like most 'Indian Reservations' had the same 'company' write their laws... some place down in Seminole Florida.
That's interesting...please elaborate.

Quote:
Wasn't there a big case with someone moving on to a reservation and setting up shop converting semi-autos? You drive on the reservation to this gunsmith shop, he converts and you drive home.
Do you, by chance, remember the reservation?

I guarantee it wasn't ours. If someone did that on our reservation, there would be two possible outcomes. They could be arrested and charged with violating RCW 9.41; or, they could be arrested for a violation of Federal law, and turned over to the FBI or US Marshal's Service.
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