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Private Transfer on Indian Reservation?

Discussion in 'Legal & Political Archive' started by KTM530XCW, May 15, 2015.

  1. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    Had someone claim today that a way to skirt 594 is to do your f2f transfer on an Indian Reservation and then you broke no state law.

    Anyone have factual input on this?

    (Please, skip anything that starts with "i think...". Looking for facts only)
     
  2. The Heretic

    The Heretic Oregon Well-Known Member

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    I doubt it.

    At best, it might be applicable for tribal members, but even then I doubt it.

    Although in theory, I *think* tribal lands are supposed to be sovereign nations, it usually doesn't work out that way.

    Try to get away with that and you at best you will be fighting the state in court for years. At worst the prosecutor and judge will be laughing while you rot in jail.

    Then there is the fact that most tribes are not very friendly to such shenanigans happening on their land, and you may additionally find yourself in trouble with them too.
     
  3. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    Point, i don't want to fuk with the natives
     
  4. scrandall01215

    scrandall01215 Washougal,WA Well-Known Member

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    I got to admit that's getting creative and thinking outside the box.
    I like it!!
    Stacy
     
  5. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    It would at least help you avoid a sting operation
     
  6. MarkAd

    MarkAd Port Orchard Well-Known Member

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    The res is not bound by state law. If you are not a member of the first nations the state law still applies to you.
     
    mjbskwim and Sabertooth like this.
  7. solv3nt

    solv3nt Portland Well-Known Member

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    The reservation is an interesting idea. Indian reservations are sovereign nations, so state law wouldn't apply. For example, the reservations are allowed to sell good fireworks, whereas the state is more limited. Consult your lawyer.
     
    Sabertooth likes this.
  8. slimer13

    slimer13 Deer Park Well-Known Member

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    Most tribes prohibit cc on tribal land so I would imagine you might end up in tribal court if caught.

    I just say do what you can to repeal and in the meantime, deal only with your most trusted people in your life.

    Like it or not the days of ftf with strangers are over.
     
  9. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I just completely disregard 594.
     
    mjbskwim and v0lcom13sn0w like this.
  10. Rugerbub

    Rugerbub OREGON Member

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    Having worked for a tribal nation for quite a few years I can say that any non tribal member caught with a fire arm on tribal lands can and will be dealt with harshly. It is true that state laws do not apply but you are still subject to tribal and federal laws in most cases. That also goes for cc permits. It's best to view tribal lands as a foreign country inside the usa. They have there own laws and outside that federal law applies
     
  11. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Good luck with that idea. Last place in Oregon I would want to get caught with a firearm I wasn't supposed to be is a reservation. It might take a long time for you to show up in a court room.
     
    mjbskwim likes this.
  12. solv3nt

    solv3nt Portland Well-Known Member

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    Really, your best option is if you live close to Idaho, as Washington is no longer a viable solution. Oregon law doesn't apply in Idaho.
     
  13. slimer13

    slimer13 Deer Park Well-Known Member

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    You can aquire long guns in ID through an ffl but fed law prohibits "obtaining " a firearm outside your state of residence without an ffl.

    An ID ffl is a good option for long guns in my opinion if you are worried about back door registration in our increasingly un gun friendly states.
     
    mjbskwim likes this.
  14. Deebow

    Deebow Portland Well-Known Member

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    How about just ignoring the law? Whose going to catch you? Has anyone seen the police staking out McDonalds parking lots, public parks, the local Wal-Mart or other open spaces looking to bust gun owners who may be conducting an "illegal" transfer?

    And even IF there was a cop there to do that, the law says that I can transfer it without a background check

    The requirements of subsections (2) and (3) of this section do not apply to:

    The transfer of a firearm to:


    (A) A transferor’s spouse or domestic partner;

    (B) A transferor’s parent or stepparent;

    (C) A transferor’s child or stepchild;

    (D) A transferor’s sibling;

    (E) A transferor’s grandparent;

    (F) A transferor’s grandchild;

    (G) A transferor’s aunt or uncle;

    (H) A transferor’s first cousin;

    (I) A transferor’s niece or nephew; or

    (J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of

    this paragraph.

    You could tell them that the gentlemen or lady standing in front of you is your domestic partner who is going to the range later today and this is where you met up before they do that. Or it could be your step parent that is going hunting later this year and wants to use your rifle, or that it is your niece/nephew that is going store your guns while you are on a safari.

    Do you think they are going to trace your entire sexual orientation/family history/genealogical tree right there in the parking lot? My guess is not likely.

    I would do the transfer in the parking lot of any place that sells guns. Is there any place that it would look more legitimate?

    Instead of looking for a place to transfer the weapon that is a "workaround", how about just doing what you want and not caring what the politicians want you to do. :cool:
     
    Redcap likes this.
  15. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    What concerns me isn't the actual hand off. It's explaining how it got out of your possession 10 years down the road when its found at a crime scene.
     
  16. slimer13

    slimer13 Deer Park Well-Known Member

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    Would only be an issue if it was last transferred through an ffl after the law went into effect.
     
    orygun and Redcap like this.
  17. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    Correct. Which will happen more and more as time goes on
     
  18. KTM530XCW

    KTM530XCW Vancouver, WA Well-Known Member

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    If i know i can say "sir, this transfer happened on _____ reservaion so no state law was broken", id be MUCH more willing to completely ignore 594.
     
  19. NWGlockgal

    NWGlockgal Oregon Well-Known Member

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    There are no shortage of casinos and "illegal" fireworks run by Indians.
    Maybe they can open up another side business of allowing FTF transfers to
    happen at a very cheap fee...or free if you drop a few bucks at the casino.
     
    orygun likes this.
  20. Deebow

    Deebow Portland Well-Known Member

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    I say "so what?" You don't have to explain anything. I can exercise my right to remain silent. And as time marches on, the statute of limitations from the time of the "offense" runs out on the Class A Misdemeanor and they can't prosecute you anyway.

    And if it is found at the crime scene, there are so many variables. When was it made? When was it first sold? To whom was it first sold? Can they confirm with better than reasonable certainty that it wasn't sold prior to the law going into effect? Has it been altered? Did the guy you sold it to report it stolen? How long since you sold it to them?

    Whatever they find will end up in someone's "IN" box and languish there like all the denials the OSP background check system doesn't go chase down.

    I would just tell them "Oh yeah, I sold that to them when we were hunting in (insert more gun friendly state here) and I haven't seen it since"

    Cops want to catch real BGs, not misdemeanants.