Information on CCW for Reservations

[Gary Slider]

Tribal Law and Concealed Carry

(If I can attach the file to my post I will do that also. It will be a PDF)

There were about 800 Native American Tribes listed when I started searching. Out of those 800 only about 90 had their laws listed online. Out of the 90 I checked the ones that specifically mentioned carrying with a state permit or seem to say a state permit is valid are listed below. (11 total). About 20 to 25 of the tribes with their code online had no mention of firearms that I could find in their laws. Those that did had something like one of the next two paragraphs. Many were the same wording from one Tribe to the next. The first paragraph is very specific. You have to have a permit/license from the Tribe. The second is not very specific. I have no idea what “Lawful Authority” actually means. Who is the lawful authority? The Reservation Authorities? State Authorities?

A gentleman in Arizona made contact with most of the Tribes in Arizona (Approx 22 if I remember right) and many said CCW with a valid permit was legal. What they say and what they do are two different things. What you are doing when they find the firearm would come into play also. Everywhere I looked for tribal laws I found them stating that Tribal Laws were very difficult to come by. If it was not on the internet you had to get them directly from the Tribe. I found a couple warnings stating that some of their law links were not inclusive and that part of their law could be missing. Many of the versions of their laws were over 10 years old. Calling them and having someone tell you it is OK will not do you a bit of good if they arrest you for breaking their law. If you don’t have it in writing I would be very cautious.
______________________
Any Indian who shall go about in public places armed with a dangerous weapon concealed upon his person, unless he shall have a permit signed by a Judge of the Oglala Sioux Tribal Court and countersigned by the Superintendent of the Reservation, shall be deemed guilty of an offense and upon conviction thereof, shall be sentenced to labor for a period not to exceed thirty (30) days or a fine not to exceed sixty dollars ($60.00), or to both such fine and imprisonment, with costs; and the weapon so carried may be confiscated.
_____________________
(2) Carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so.
(c) Weapons offense shall be punishable by a fine not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or by a term of imprisonment in the Tribal jail not to exceed one year, or both.
(d) A sentence of banishment for a period of not less than three years but to a maximum of life may be imposed in addition to the punishment authorized above.
(Bold type Added by handgunlaw.us)
_______________________
Note: Do look closely at the laws below. In most instances it mentions the state by name. Does this mean the state plus any they honor? I don’t know. I will say that many said you could transport a firearm if it was unloaded and secured in the trunk. Handgunlaw.us recommends you carry it unloaded and secured when traveling through any Tribal Land.

Arizona

White Mountain Apache

SECTION 2.18 CARRYING A CONCEALED WEAPON

A. A person is guilty of an offense who has concealed on or about his person, or within his immediate control, a Dangerous Weapon.
B. Subsection A shall not apply to any person authorized by any tribal government, or state government, or by the government of the United States or any subdivision of any of the aforementioned governments to carry such weapon.
C. A person found guilty under this Section may be sentenced to imprisonment for a period not to exceed One Hundred Eighty (180) days or to any a fine not to exceed Five Hundred Dollars ($500.00), or both.
D. Any weapons concealed in violation of this Section shall be subject to seizure and forfeiture as provided in the White Mountain Apache Rules of Criminal Procedure.
Idaho

Nez Perce Tribe

§ 4-1-126 Weapons Offense
(a) It shall be unlawful for any person:
(1) being convicted of a felony or an equivalent crime under this code or having been declared mentally incompetent, to own or have in his possession or under his custody or control a dangerous weapon;
(2) being intoxicated or otherwise under the influence of alcohol beverages or other intoxicating substance, drug, or medicine, to have a dangerous weapon in his possession;
(3) to have on his person a concealed dangerous weapon without proper authority;
(4) to point or aim any dangerous weapon at or toward any other person within range of the weapon except in self defense;
(5) to discharge any kind of dangerous weapon from a motor vehicle, from, upon or across any public highway without lawful authority;
(6) to have in his possession any dangerous weapon with intent to assault another;
(7) to provide to any minor under the age of sixteen (16) a dangerous weapon without consent of parent or guardian; or
(8) subject to a domestic protection order, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. (Added 6/22/99)
(b) As used in this section, proper authority to carry a concealed weapon shall include the authority granted to any law enforcement officer or a permit issued by the state of Idaho.

Montana, Idaho, Wyoming

Confederated Salish and Kotenai Tribes

Part 12
Weapons Offenses
2–1–1201. Carrying concealed weapon.

(1) A person commits the offense of carrying a concealed weapon by knowingly carrying or bearing a dirk, dagger, pistol, revolver,
slingshot, sword cane, billy club, knuckles made of any metal or other hard substance, knife having a blade at least 4 inches long, non–safety type razor, or any other deadly weapon which is wholly or partially covered by the clothing or wearing apparel of the person carrying the weapon.
(2) Subsection (1) does not apply to:
(a) any law enforcement officer of the Tribes;
(b) a person authorized by a judge of the Tribal Court to carry a concealed weapon;
(c) a person permitted under state law to carry a concealed weapon; or
(d) the carrying of arms on one's own premises or at one's home or place of business.
(3) Carrying a concealed weapon is a Class C offense over which the Tribes have exclusive jurisdiction.
Michigan
Grand Traverse Band of Ottawa and Chippewa Indians
9 GTBC § 107
(d) Weapons and Explosives
(1) Carrying of a Deadly Weapon without a License
(A) Offense. A person who carries a deadly weapon without being licensed to do so by the Grand Traverse Band or by the
State of Michigan commits an offense.


Little Traverse Bay Bands of Odawa Indians

9-107

D. Weapons and Explosives.
1. Carrying a deadly weapon without a license.
a. Offense. A person who carries a deadly weapon without being licensed to do so by LTBB or by the State of Michigan
commits an offense.

Sault Ste. Marie Tribe of Chippewa Indians

SUBCHAPTER XIII: WEAPONS AND RELATED OFFENSES
71.1301 Carrying a Concealed Weapon.
(1) Offense. A person commits the offense of carrying a concealed weapon, if he knowingly carries concealed on or about his person a dangerous weapon unless he is lawfully authorized to carry such weapon.
(2) Sentence. A person convicted of carrying a concealed weapon may be sentenced to imprisonment for a period not to exceed one (1) year, or a fine not to exceed Five Thousand Dollars ($5,000.00), or both.
(3) Comment. It shall be an affirmative defense that the accused was in his own dwelling, or place of business, owned or operated by him, or on property owned or under his control at the time of the act of carrying.

Pokagon Band of Potawatomi Indians

CRIMINAL OFFENSES SECTION 12. WEAPONS OFFENSES
A. Carrying Concealed Weapon.

1. A person commits the Offense of Carrying a Concealed Weapon by Knowingly carrying or bearing a Concealed Weapon.
2. Subsection 1 shall not apply to:
a. any Law Enforcement Officer;
b. a person holding a valid license to carry one or more types of Concealed Weapon that was issued by his or her state of residence,
except where the person is not carrying the Concealed Weapon within his or her state of
residence, the license does not authorize such person to carry the Concealed Weapon in his or her Possession, or the Concealed
Weapon is being carried in nonconformance with a restriction appearing on the license;
c. the carrying of Firearms in his or her residence, place of business, or on other land possessed by the person;
d. a bona fide collector registered under Section 923 of the federal Firearms Code, 18 U.S.C. § 44;
e. a person while transporting the Firearm for a Lawful Purpose that is licensed by the Owner or occupant of the motor Vehicle in
compliance with the law of his or her residence and the Firearm is unloaded in a closed case designed for the storage of Firearms
in the trunk of the Vehicle;
f. a person while transporting the Firearm for a Lawful Purpose that is licensed by the Owner or occupant of the motor Vehicle and
the Firearm is unloaded in a closed case designed for storage of Firearms in a Vehicle that does not have a trunk and is not
readily accessible to the occupants of the Vehicle
3. Carrying a Concealed Weapon is a Class D Offense.

Washington

Skokomish Tribe

9.05.010 Carrying a Concealed Firearm or Other Deadly Weapon
Any person who knowingly conceals a firearm or other deadly weapon upon his or her person or within the passenger compartment of any vehicle, without a valid permit to carry a firearm or other deadly weapon granted by the Skokomish Indian Tribe, or other competent jurisdiction, shall be guilty of a class B offense.
Law Enforcement may seize any weapon that is being held or concealed in violation of this ordinance.
Lummi Nation
5.04.080 Carrying Concealed Weapon
A person who is in a public place armed with a dangerous weapon concealed upon his person, unless he has a permit signed by a Lummi, state, or federal law enforcement department, is guilty of an offense and, upon
conviction, shall be sentenced to imprisonment for a period not less than 30 days and not to exceed 180 days and a fine not to exceed $2,500, and the weapons so carried may be confiscated and forfeited on order of the Tribal Court.

Nisqually Tribe

10.10.01 Weapons Violation
A person is guilty of a weapons violation if such person:
(a) Fires a gun within any settled community within the Nisqually Reservation; or
(b) Fires a gun in any other place where any person might be endangered or any property damaged by it; or
(c) Fires a gun while under the influence of alcohol or drugs; or
(d) Aims a firearm, whether loaded or not, at or towards any person; or
(e) Sets a spring gun; or
(f) Is in a public place with a firearm or other dangerous weapon concealed upon his or her person without any license required by the Nisqually Tribe or the State of Washington.
A weapons violation is a Class II offense.

Squaxin Island Tribe

9.12.830 Sale, possession or use of certain weapons.
A. No person shall:
1. Sell, dispose of, manufacture, or have in possession a dangerous weapon;
2. Use a device for suppressing the noise of any firearm;
3. Carry with intent to conceal a dagger or dangerous weapon; or
4. Carry a concealed pistol without a license from the Squaxin Island Tribe, if required, or the state of Washington.

B. Any violation of this section shall be a gross misdemeanor.

9.12.870 Firearms on tribal lands.

No person shall carry any firearm or other dangerous weapon in or within fifty (50) feet of any building
or structure on lands owned or controlled by the Squaxin Island Tribe, with the exception of private residences
located on tribal lands; provided that this regulation shall not apply to duly authorized federal, state and local
law enforcement officers or to any federal, state or local government employee authorized to carry firearms in
the course of their public employment. Any person violating this section shall be subject to a fine of one
hundred dollars ($100.00).

[Gary Slider]

http://caselaw.lp.findlaw.com/script...=435&invol=191

Is a US Supreme Ct Case that states that Tribal Courts can not try Non Indians for crimes. A poster on another forum gave me the link. I had never heard of this case before. Very interesting read. This might be something to look into further but will most likely take more than one attorney.

[Young.Gun.612]

Haven't read the details of that case, but it seems inherently wrong to me. If a reservation resident can be tried in local, state, or federal court for crimes committed off the reservation, then Tribal Courts should have every right to try non-Natives for crimes committed on the reservation.

Or would that be too fair to Native Americans for the feds to stomach?

[RETG]

If traveling through on a public highway you fall under state laws (at least in AZ and UT).

In AZ, some nations accept CCW for travel on their lands, some don't. Best to check with the tribal police before attempting carry.

As for Navajo Nation Code, primarily if you are caught on their lands, illegally carrying a weapon, in all likelihood you will be escorted off the lands and banned from returning. (Per Code Title 17, 430 - 1979).