Wis Indian Resv

cowboyridn said:

Hi All

Here is another twist to the question at hand. I work as a Surveillance Agent at the Casino in Baraboo and wonder if I can Have my firearm in my vehicle while I'm working. The state has a statute allowing for the possesion of a firearm in my vehicle if I worked for a private company, does the Indian Tribal Nation allow the same. I looked online and cant find any tribal law allowing or disallowing a firearm in my vehicle while at work.

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cowboyridn said:

I think i found my answer

Tribal law
16.4. Firearms
No person shall have in his or her possession any firearm on any Premises. This Section shall not apply to law enforcement officers or security personnel employed by the Tribe.

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notalawyer said:

Tribal law does not apply to non-Indians, period! See my post above.

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Nutczak said:

BULLSPIT! That is like saying Wisconsin statutes do not apply to non-residents!

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. . .
We recognize that some Indian tribal court systems have become increasingly sophisticated and resemble in many respects their state counterparts. We also acknowledge that with the passage of the Indian Civil Rights Act of 1968, which extends certain basic procedural rights to anyone tried in Indian tribal court, many of the dangers that might have accompanied the exercise by tribal courts of criminal jurisdiction over non-Indians only a few decades ago have disappeared. Finally, we are not unaware of the prevalence of non-Indian crime on today's reservations which the tribes forcefully argue requires the ability to try non-Indians. But these are considerations for Congress to weigh in deciding whether Indian tribes should finally be authorized to try non-Indians. They have little relevance to the principles which lead us to conclude that Indian tribes do not have inherent jurisdiction to try and to punish non-Indians.
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notalawyer said:

So you are saying that you are right and the the US Supreme Court is wrong? :banghead:

You obviously did not read (or failed to comprehend) anything I posted.


Oliphant v. Suquamish Tribe, 435 US 191 - Supreme Court 1978

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cowboyridn said:

What happens if i get caught with a firearm in my vehicle being I'm non-Indian, can they take my firearm, or fire me for violating tribal law???? I contacted the Judiciary Branch located at the URl below and sent a request to clarify the question, waiting for a reply.


http://www.ho-chunknation.com/?PageId=28

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. . .
Likewise, the criminal jurisdiction of Indian tribes is uniquely limited, according largely to U.S. Supreme Court rulings, in a manner that reflects the place and status of the tribes on the American legal landscape. In the 1978 decision of Oliphant v. Suquamish Indian Tribe, for example, the Court held that tribal criminal jurisdiction does not extend to the conduct of non-Indians, regardless of the gravity of the crimes committed and despite the occurrence of the conduct within the territory of the tribe. The Court, in other words, essentially reduced the traditional axes of sovereignty from two (territory and citizenry) toward just one (citizenry). In the 1990 case of Duro v. Reina, the Court completed this reduction of tribal criminal jurisdiction by limiting it not simply to Indians, but to only members (or citizens) of the prosecuting tribe, thus eliminating criminal jurisdiction over members of other tribes who happen to commit crimes within the prosecuting tribe’s territory.
. . .

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notalawyer said:

First question I have is how would they 'catch' you with a firearm in your car?

Can they take your firearm? Not unless possession of the firearm is a violation of State or Federal law, then arrest you (if they have an agreement with the State of Feds that would allow them to arrest you) and immediately turn you over to the local/state/fed LEO for processing.

In this regard, think of tribal law as you would any another employer's policy. Could McDonald's fire you for keeping a firearm in your car?


ETA: As if I really needed more facts to support my position, I offer this:
From the Marquette University Law School Faculty Blog
February 24, 2012
The Criminal Jurisdiction of Indian Tribes

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