Interesting comment in CHL class, any truth?

[VW_Factor]

Travelling through on an Oregon public road is still Oregon, as it is right of way. (Agreements with the reservations).

If you are say, carrying, and stopping at the casino in Lincoln City, leave your sidearm in a safe place. You abide by their laws on their lands. IANAL. Take that at face value.

If you want to carry on their lands, you'll have to talk with them about it.

Edit : Think of Native American reservations not as something in the state, think of them as land as another country. Ultimately that is what it is. Before the "white man" stole all their lands, etc in the name of progress. Really wish history played out different to how the natives were treated in the makings of our country.

 

[branson4020]

So, exactly what happens if you get caught carrying in the casino?

 

[VW_Factor]

So, exactly what happens if you get caught carrying in the casino?

Have to ask them, its their laws and their land you are on.

May just tell you to leave, could lock you up forever. /shrug

 

[beavertonbuck]

So would gas stations or restaurants right off the highway be okay to have the firearm or should it be locked up if you plan to leave the road.

 

[VW_Factor]

So would gas stations or restaurants right off the highway be okay to have the firearm or should it be locked up if you plan to leave the road.

I wouldn't be able to give a clear lawful answer.. However..

I can tell you this..

I certainly wouldn't OC in an a situation like that. I wouldn't stop to eat, and IF I needed to stop for fuel, that would be the ONLY thing I would do.

 

[EMP9596]

Warmsprings?
Once you are off the highway right of way you are on tribal land... On tribal land you need a firearms permit from the Warmsprings Chief of Police.

Gas or restaurant you are in their lawful jurisdiction.

 

[Modeler]

This brings up an interesting question. If I am driving on a State or Federal road or highway that crosses thru an Indian reservation, where do my rights end and their sovereignty begin? Am I legal carrying only while in my car, or not at all? What if I get out of my car at a convenience store or gas station that is on a reservation? Am I in deep KAKA if I am caught carrying?

Knowledgeable input appreciated!

My first job as Paramedic was on the Warm Springs Indian Reservation. More bubblegum goes down on the Res than anyone ever knows. Heard about a murder on the Res? There were 5 more you didn't hear about.

Don't stop on the Warm Springs Indian Reservation, for any reason, ever.

Greg

 

[EMP9596]

14. Even with a concealed handgun license, where can I not carry a firearm?

Oregon Law states: Possession of a Concealed Handgun License does not authorize you to carry a firearm on any of the following properties: Any Federal facility. (i.e., Federal Court House, Post Office, Social Security Office, in airports, and on airplanes). This does not prohibit the carrying of firearms on federal lands, other than designated wilderness areas, incident to hunting or other lawful purposes. National Forests marked or posted by signs prohibiting all firearms. You may not carry a firearm concealed while upon an Indian Reservation/Indian property without the written permission of the tribal judge. This may also apply to certain casinos that are on the Indian lands. In a courtroom, jury room, judge's chambers or the areas adjacent thereto that the presiding judge determines should be free of firearms to ensure the safety of the litigants, court personnel, witnesses and others. Additionally, many private businesses have conditions regarding the possession of firearms on their premises. If you violate these conditions you could, under certain circumstances, be subject to arrest under Oregon trespass laws, in which case your concealed handgun license would be seized and/or revoked.

 

[EMP9596]

Old thread:

http://www.northwestfirearms.com/legal-political/61773-firearms-reservations.html

 

[accessbob]

14. Even with a concealed handgun license, where can I not carry a firearm?

Oregon Law states: Possession of a Concealed Handgun License does not authorize you to carry a firearm on any of the following properties: Any Federal facility. (i.e., Federal Court House, Post Office, Social Security Office, in airports, and on airplanes). This does not prohibit the carrying of firearms on federal lands, other than designated wilderness areas, incident to hunting or other lawful purposes. National Forests marked or posted by signs prohibiting all firearms. You may not carry a firearm concealed while upon an Indian Reservation/Indian property without the written permission of the tribal judge. This may also apply to certain casinos that are on the Indian lands. In a courtroom, jury room, judge's chambers or the areas adjacent thereto that the presiding judge determines should be free of firearms to ensure the safety of the litigants, court personnel, witnesses and others. Additionally, many private businesses have conditions regarding the possession of firearms on their premises. If you violate these conditions you could, under certain circumstances, be subject to arrest under Oregon trespass laws, in which case your concealed handgun license would be seized and/or revoked.

It would appear that this is from the Lincoln County Sheriff's office, which amazingly enough is not completely accurate (it is correct but just misleading because they don't tell you the entire story). I just re-read the Oregon Statutes and it is not illegal to carry in a public, or private, location which posts a no firearms sign.

You cannot be arrested for trespass unless you refuse to leave the posted location once they discover and ask you to leave. It is not illegal to carry in a public place, or private place, which posts a no carry sign. It is only illegal to trespass and you cannot be considered to be trespassing unless they have asked you to leave and you refuse to do so.

You cannot carry in Federal buildings, nor in court rooms (although the state law states an exception if the judge has specifically stated that it is okay at which time it would be okay, but I wouldn't even do it then).

 

[EMP9596]

The reservations are 'Sovereign Nations" that are independent of all others such as, county, city, state and sometimes Federal law. If the casino at Linclon city is reservation land they would not have to post a No Firearms sign just because it is the whiteman's legal requirement, as it is not under his jurisdiction.

 

[accessbob]

The reservations are 'Sovereign Nations" that are independent of all others such as, county, city, state and sometimes Federal law. If the casino at Linclon city is reservation land they would not have to post a No Firearms sign just because it is the whiteman's legal requirement, as it is not under his jurisdiction.

Correct, reservations are their own "country" and can restrict them completely. I didn't mean to imply otherwise for reservations. Just for any other public or private areas which are not limited by statute.

 

[EMP9596]

Correct, here is a little more on the reservations. I used to fish the Warmsprings area a lot and it is very easy to get ones A$$ in a sling there.

Gun Travel: Places To Avoid While Carrying
Indian Reservations
Indian reservations have different laws than the state. They are usually more strict. Because the laws are vague and can change without even notifying local or state law enforcement, it is best to avoid them altogether. Your concealed carry permit is not valid on Indian reservation land. If you find yourself on Indian roads or at a gaming establishment or casino, it is best to have your firearm unloaded and locked in a case that at least goes with the McClure-Volkmer Act. Please read that link if you haven't already. This act allows you to be moving forward through an area from one state to another. But good luck proving that being in the casino is an emergency stop on your journey.

 

[DeanfromOregon]

I to thought it was illegal because OR doesn't have reciprocity with any other states. She did also said in the middle of class that her police friends told her if she shot someone in her front yard to drag them into the house (I guess blood trail be damned).

At one training I went to the older lady that kept talking about her "kill bullets" (I assume HP) and "killshot" on the paper target was a classic experience. She was advised that everyone in the class could now be subpoenaed as a witness against her should she ever have an encounter. I don't think she understood.

 

[KahrHeart]

At one training I went to the older lady that kept talking about her "kill bullets" (I assume HP) and "killshot" on the paper target was a classic experience. She was advised that everyone in the class could now be subpoenaed as a witness against her should she ever have an encounter. I don't think she understood.

Accckkk! As an instructor, I occasionally come across these students. I have to say that they are the MOST frustrating to teach. Too much misinformation... + an obnoxious personality = an instructor's nightmare. Simply put and as already stated, there is NO "grandfather clause" and if she is carrying on tribal lands without permission, she is completely illegal.

 

[Simonpie]

OOps. As a kid on the Swinomish Reservation (Washington) we'd go shooting all the time. That could have turned out bad if someone called the cops, but I don't remember a house within a mile that had a phone. Times have changed up there.