Reservations

[Darkpriest667]

I know we have some lawyers here. What are the legalities of conceal carry on Indian Reservations? They're independent sovereign entities (sort of.) what exactly are the laws of ownership and CC in these areas?

 

[majormadmax]

A lot of your questions are answered here, more info at the title link...

Ask a Lawyer: Tribal Lands and Guns

You’ve written extensively about tribal law and firearms. Some customers have hunted, fished, or camped on tribal lands, or they might partake in gambling at a tribal resort. Is there really something to worry about here?

As much as we would like to say it, a direct answer is not possible. The laws vary from tribe to tribe and from state to state on this subject. I will attempt to give you the general framework of the law and provide some helpful tips for carrying—or not carrying, as the law may be—your firearms on Indian lands. Also, I should say at the outset that we recognize that many folks prefer the term Native American. Our use of the term “Indian” follows the same terminology as most of the federal statutes, such as the Indian Restoration Act, Indian Civil Rights Act, Bureau of Indian Affairs, and so on. It’s not intended to be offensive to those who prefer otherwise.

So there’s no general rule?

Well, the general rule is there is no General Rule. Without going into the evolution of tribal courts and constitutions, it is a fair description of Indian firearms law in the United States to state that each and every tribe was permitted over the years to formulate its own unique laws and constitutions, subject to federal oversight. The law can be different for each and every tribe.

Making matters even more complex, some tribes, but by no means all, have granted the individual states jurisdiction over tribal matters on a variety of topics. For example, many tribes have granted the states the power to enforce traffic laws on tribal lands. Along the same lines, some Texas tribes permit the State of Texas to enforce liquor laws on Indian lands, while in other states these issues remain solely with the tribal court.

Blanket statements about Indian gun laws are simply not possible. Your best hope is to locate the laws of a particular tribe on the Internet or actually contact tribal law enforcement and obtain an answer, hopefully in writing.

So, when I enter tribal lands, am I under tribal jurisdiction or authority?

For the most part, Indian tribal courts have no jurisdiction over non-Indians. The U.S. Supreme Court unambiguously reached this conclusion in its 1978 Oliphant decision that remains the law of the land. Unfortunately, it is widely misunderstood and recited on various concealed carry firearms websites.

Many of the blogs and websites omit the crucial exceptions to this general rule. Just because the tribal courts do not have jurisdiction over non-Indians, does not mean you have free reign to carry on their lands. Tribal police can stop, detain and eject you, while keeping your guns and ammunition. Even if they do so incorrectly or unlawfully, your recourse may be extremely limited.

The federal courts have made it very clear that, although non-Indians cannot be criminally charged in tribal courts, the tribal police can exercise almost all of their law enforcement functions over non-Indians. If you violate Indian gun laws, you can expect to be stopped, detained and questioned. It is also permissible for the tribal law enforcement to eject you from the Indian lands.

This can result in extraordinarily harsh consequences. For example, in United States v. Terry, the tribal police arrested a non-Indian for unlawful possession of a firearm. He was arrested on a number of tribal charges, had his ammunition and firearm seized, spent the night in jail and was then transported 80 miles to a state law enforcement official. No doubt, Mr. Terry found little comfort in the fact that the tribe had “no jurisdiction” over him.

Further, the tribal police can hold you while they investigate your status as a non-Indian to see if they actually have jurisdiction. In U.S. v. Keys, Mr. Keys, a non-Indian, was kept in jail for three days during this process. The court ultimately ruled that this was too long, but this would obviously be of almost no consolation after spending three nights in custody.

If I hold a valid CHL, do I need to do anything special when traveling across an Indian reservation?

The law on this subject is about as complicated as it could be. The answer depends upon each particular tribe’s treaty with the state, the federal laws governing that tribe, and the laws within each tribe. The road or highway may be (1) actual Indian property, (2) Indian property where the tribe granted an easement to the state for the road, or (3) property of the state alone. Note: federal highways are owned by the state, but funded by the federal government.

If the answer is (1) or (2), you will need to do your best to research the laws of the particular tribe and the extent to which that tribe has ceded jurisdiction to the state. If the answer is (3), then make sure you comply with state law. Unfortunately, the vast majority of gun owners, including lawyers, will not have the time, resources or expertise to first figure out the status of every potential roadway and then the laws of every potential tribe.

Okay, what about a more specific situation: If I hold a valid CHL, do I need to do anything special when traveling across an Indian reservation?

We recommend three practical solutions. First, research the tribe at issue on their website. Many tribes have specific rules on automobiles. If you can find their rules, check the state law and comply with both.

Second, you can contact the tribe or their law enforcement offices directly. Ask them about traveling across their lands with a firearm and what their procedures are. If you receive a positive response, get it in writing. An email from the chief law enforcement official would be a practical thing to have during your travels, but you may have little or no luck getting one.

Third, if the answer is not obvious from the tribal laws and you cannot get an answer from the tribe or their law enforcement directly, we recommend that you place your firearm in your trunk, unloaded and in a case during travel across the Indian lands. Then rearm yourself in compliance with state law once you exit the reservation. This may not be perfect. You might actually be violating a law that appears nowhere in the public records, or you may run into a tribal system that is highly unfriendly towards gun rights. You cannot technically be prosecuted by the tribe, but run a risk of the hassles described above. If you want zero risk, leave your guns at home.

Can I lawfully carry my firearm if I stop briefly on a reservation, for example, for gas, lunch or groceries?

The answer to this question is similar to highways, but without the complexity of figuring out who owns or has jurisdiction over the highway. We recommend three solutions:

First, if you can, figure out if the tribe has granted jurisdiction to the state for criminal matters. Then research the tribe at issue on its website and NARF.org. Most tribes have specific rules on firearms and “dangerous weapons.” If you can find this easily and the state has jurisdiction, you need to comply with both state and tribal law. Normally, it will be very difficult to find the areas in which each tribe has or has not ceded authority to the state. In this case, we recommend that you comply with both sets of laws.

Second, you can contact the tribe or their law enforcement directly. You should ask them about carrying weapons on their lands. Make sure you know the details. Several tribes permit weapons in a residence, but not elsewhere. If you receive a positive response, get it in writing. An email from the chief law enforcement official would be useful during your travels in the event you run into trouble.

Third, if the answer is not obvious from the tribal laws and you cannot get an answer from the tribe or their law enforcement directly, we recommend, just as with traveling, that you place your firearm in your trunk, unloaded and in a case during all travel across the Indian lands. Do not take the weapon out during stops on the Indian lands. Rearm yourself in compliance with state law once you exit the reservation. Again, this is not perfect. If you want zero risk, leave your guns at home.

 

[Darkpriest667]

Thanks, I think this is info that's not often thought about!

 

[Byrd666]

I think I posted something about this a while back. It went something along the lines of; When I was making my plans to drive up to Montana, to see, and meet kinfolk I never knew I had, and possibly make a return trip through Yosemite, it occurred to me that I would be traveling through Reservation lands of various tribes. After calling various Sheriff's Departments for specific C.C. enforcement of some of the places I wished to stop, I also asked about Tribal Law and enforcement.While most of them were pretty vague in their answers, one Sheriff, not Deputy, directed me to the local Tribal Police Chief closest to my kin.

While speaking with the Native Chief, he explained that a "pass thru" doesn't necessarily need a phone call or permission, while with an overnight stay it would be recommended to not only call but, to stop in in person to get an okay. I also specifically asked about being pulled over by a Tribal cop, with out of state plates, and a concealed gun with a reciprocal license. He stated, paraphrasing, "Be honest and respectful and he shouldn't do more than a warning. Be an ass, well..." Same as most cops I think. But, with them being Natives, and some holdng a grudgeI just don't want to be the one to end up on that ant hill for being an a$$hole.

He also recommended that I call each tribe, as he could only speak for his. And his alone. Makes sense to me. Let me see if I can't find the links that I used and post those later.


Edit: To add links below

https://tribalnations.mt.gov/

https://www.aisc.ucla.edu/iloc/index.html

http://indianlaw.mt.gov/Portals/127/blackfeet/codes/1999/chapter05.pdf