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Concealed Carry in Reservation.

Discussion in 'General Firearm Discussion' started by gallogiro, Jun 3, 2009.

  1. gallogiro

    gallogiro Willamette Valley Active Member

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    I have a question about concealed carry in Indian Reservations. Does every reservation have their own rules? Or do they follow state law regarding concealed carry?

    What If I go to the casino, am I not allowed to carry there?

    Thanks in advance for your help,
    Hugo
     
  2. SheepDog223

    SheepDog223 Salem Well-Known Member

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    I don't think that you can carry anywhere on indian land. I think it's considered it's own nation. You can carry on state highways going through indian land because that's state property buy off of it your in danger of being caught and in trouble. If you want to carry you need permision from one of the heads of that tribe. It is tribe specific. That's one reason I don't pay stupid tax and gamble at those places anymore. The source of my information may be wrong but this is the way I've been playing the game. If you want the "Real count on it answer" ask OFF. They have a link at the top of the page here and they KNOW what the laws are even if the courts don't.
     
  3. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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  4. gallogiro

    gallogiro Willamette Valley Active Member

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    Thanks for the info. It was very helpful. This question had come up when we were on our way to the coast and my friend wanted to stop at spirit mountain. We didn't stop so I did not see if any signs were posted.
     
  5. tionico

    tionico Thurston County Well-Known Member

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    Indian reservations are sovereign nations, not subject to federal, state, local laws that otherwise would apply to the surrounding lands. State or county roads through them will, in most cases, be on easements. Thus, normal (as in non-indian) citizens travelling through the res on the highway would be bound by whatever law applies to the surrounding territory. However, stop at a casino, convenience store, fireworks stand, someone's house, you are bound by the tribe's laws. I did note that, in the one tribe's laws cited, all of them specifically state "any indian" needs to have the permit. As to non-indians, it was mute. Interesting situation. And likely varies tribe to tribe. Like someone suggested, call the specific tribe's governmental offices. This would be the same in any state, as indian lands are established under Federal treaties and regulations.
     
  6. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    I do know from personal experience that special permission to carry concealed can be obtained from tribe leadership if they are willing to give it.
     
  7. Rugerbub

    Rugerbub OREGON Member

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    Sorry Tinoico u r not totally correct the only law that indian reseverations are subject to is the FEDERAL LAW. U r correct that the are not subject to local and state laws. Evan on the highway that passes through the res. is considered to be Reservation property because they own the land under the pavement.

    If u are just driving through on the highway u r fine just dont get off the highway. U can ask for special to carry concealed on the res. but the usually say NO!
     
  8. CastleFox

    CastleFox Gone New Member

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    NO!!! You may not posses ANY firearm on Indian Reservations! Loaded, Unloaded, Concealed, or Open. It's a federal offense.
    The ONLY way you can posses a firearm on Indian Land is if you get approval from the Tribe Chief, and they always say "NO."

    Be careful also driving highways or roads that CROSS Indian land with any firearms in your car/truck.

    Indian Land is it's own "Nation" so to speak. :thumbdown:
     
  9. Sun195

    Sun195 Pugetropolis, WA Well-Known Member

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    Is there a C.F.R or some other reference you can cite for this assertion? I have non-tribal friends who own private property within a reservation - they have firearms, shoot them on their property regularly, tribe knows it, nothing has come of it. They're not allowed to hunt (that's a right reserved for tribe by treaty) but that's it.
     
  10. CastleFox

    CastleFox Gone New Member

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    As far as PRIVATE PROPERTY with in Tribal lands, I can't say for that.

    "Indian reservations or Indian property - you may not carry a firearm concealed without the written permission of the tribal judge; this may also apply to certain casinos on Indian lands"

    http://www.co.washington.or.us/sheriff/service/ccw_faq.htm#cannotcarry
     
  11. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    One of the guys in Security at my alma mater was also Puyallup Tribal Police, and he told me that Puyallup and most other tribes' policies were to respect CCW, as long as you don't make a big deal of it.

    Eastern Central Pierce County it'd get interesting otherwise, with the patchwork of tribal vs. non-tribal lands especially along the Puyallup River/Port of Tacoma vicinity and around Waller Road...

    Bear in mind, different states and different tribes within them interact differently, so north vs. south of the Columbia may be two dramatically different ballgames. Cultural differences come into play too... some are still understandably bitter about the "Taming of the West", while others are very hospitable to outsiders like the Navajo down around Four Corners were when I was down there.
     
  12. Decidion

    Decidion Washington county, Oregon Member

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    Resurrecting this thread a bit, but I just called the police departments of both the Colville and Yakima Indian reservations. Both of them told me that they follow local state law in regards to carrying weapons. As long as you are incompliance to the state law, you will be ok.

    This contradicts what I have read here, in some cases, but who would be better to ask than the Tribal Police?

    Edit: What I state above is in the context of simply driving through the reservation, and does not include situations where you want to hunt, shoot, etc. on the reservation. For that, I would agree with those stating to get written permission from the Tribal Judge.
     
  13. tionico

    tionico Thurston County Well-Known Member

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    Since, by Federal Law, each tribe is a sovereign nation, the chief law enforcement officer of each "nation" has the final say on what goes on HIS turf.... if that officer decides to defer to state law, fine. He doesn't have to... though I'd be glad if they all did.


    But, here's the rub... the Colville chief of tribal police deferring to state law does not mean the chief of the next tribe to the north or south will.... and we end up with a patchwork of laws.... like it used to be everywhere here in Washington before the State Preemption Law back in nineteen whatever it was. One town you could carry, the next no, the one after that fine, open, and unloaded..... and the next one in line no problem. It would make sense if ALL the chiefs of tribal police would simply agree to defer to state law..... but that's not what all of them do. So, it becomes necessary to find out for each reservation on which one spends time..... BEFORE one enters. Makes the game more interesting..... and the stakes a lot higher.
     
  14. Murphy

    Murphy Oregon Member

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    If it were me I'd get a signed letter on tribal letterhead stating that they authorized me to carry on the reservation.

    There are numerous horror stories about tribal police and their actions.

    It would just be better to not visit in my opinoin.
     
  15. gogoDawgs

    gogoDawgs Federal Way, WA Active Member

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    Wow. Lot's of misinformation.

    Tribal lands are NOT sovereign nations, SCOTUS has ruled them 'domestic dependent nations'. They have more soverenty than the states but still have to some degree follow federal laws and state laws.

    Tribal laws can ONLY be enforced upon tribal members. If you break a tribal law on a reservation you will be asked to leave the reservation. Unless that law is also state law (i.e. DUI, homicide, etc.) If you do not leave then you will be turned over to the state or local police for trespassing.

    If you break a state or federal law on tribal property you MAY be cited and asked to appear in court or arrested as SOME tribal police have been cerrtified by the state to enforce state laws. Not all tribes have been certified, therefore, in some cases you may just be removed from the reservation/property.

    Depending on your relationship with a particular tribe you can assertain permission to carry on their property. Some will simply defer to current state law. If you are doing more than driving through the property, it would be a good idea to obtain written permission from a tribal judge or official. Most are pretty open to the idea if you introduce yourself, show them your CPL/CHL and explain your desire to be on thier land.
     
  16. jbuck

    jbuck PNW Member

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    When I grew up on a Rez on the olympic peninsula. We have our own set of laws, but they mirror the RCW's pretty close. I think that most of the Reservations will be the same. I would have no reservations about carring, but I would not make a big deal about it. I would suspect if you wanted to push the issue, you might be told no.