Page 1 of 2 12 LastLast
Results 1 to 25 of 28

Thread: Indian Reservation gun laws

  1. #1
    Regular Member
    Join Date
    Mar 2013
    Location
    Texas
    Posts
    20

    Indian Reservation gun laws

    I will be arriving in seattle on the 31st. I had already asked questions pertaining to open carry in another thread and have read all the info I can here on this forum. The only question I didn't see the answer to and couldn't find on google was, the regulations regarding firearms on indian reservations. I mainly ask because I wanted to take 101 through olympic national park but I see this will mean I will end up driving through the quinalt indian reservation. Is it legal to just have them unloaded in the car while passing through or is that a no no also? Is open carry legal? I know gun laws can vary by state and individual reservation.

    Also the hoh rain forest is just considered part of olympic national park not indian land right? Thanks.

  2. #2
    Regular Member leitung's Avatar
    Join Date
    Jun 2008
    Location
    Port Orchard, Washington, USA
    Posts
    151
    Here is a thread I started on Waguns on the very subject.

    http://www.waguns.org/viewtopic.php?...vation#p119511

    Seems at most, if you are carrying in accordance with state law you are okay. However, I am not a lawyer and this is not legal advise.
    Last edited by leitung; 05-18-2013 at 04:46 PM.

  3. #3
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by dirtyrice
    I wanted to take 101 through olympic national park but I see this will mean I will end up driving through the quinalt indian reservation. Is it legal to just have them unloaded in the car while passing through or is that a no no also?
    My understanding, from reading many such discussions here, is that as long as you stay on the freeway (US property) you're fine following the laws of the state.
    If you go onto tribal property you have to follow their rules... for which you need to contact them. Legally they're a different country.
    I've heard that stopping for gas is not a big deal, but that might depend on where you are.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  4. #4
    Regular Member
    Join Date
    Mar 2013
    Location
    Texas
    Posts
    20
    Ok. I have no reason to stop on the res and will avoid doing so
    Last edited by dirtyrice; 05-18-2013 at 04:54 PM.

  5. #5
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    I've been led to believe (and it makes sense, but you should verify if it will directly affect you) that if you choose to enter the reservation, you are still not subject to Indian law unless you are of their tribe. But, they can also trespass you from the reservation. So, it's like their (tribe's) private property. They can't put you in their jail, but they can make you get back on the highway and leave, which they can probably do for any reason.

    Their LEO's can probably enforce state laws, though.
    Last edited by MAC702; 05-18-2013 at 05:11 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  6. #6
    Regular Member
    Join Date
    Feb 2007
    Location
    N47 12 x W122 10
    Posts
    1,761
    If they give you any guff, just sing them a little song:

    "Hi-how-are-ya, hi-how-are-ya?" set to a simple 4 note bass drum beat . . . it's sure to charm them

  7. #7
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by dirtyrice View Post
    I will be arriving in seattle on the 31st. I had already asked questions pertaining to open carry in another thread and have read all the info I can here on this forum. The only question I didn't see the answer to and couldn't find on google was, the regulations regarding firearms on indian reservations. I mainly ask because I wanted to take 101 through olympic national park but I see this will mean I will end up driving through the quinalt indian reservation. Is it legal to just have them unloaded in the car while passing through or is that a no no also? Is open carry legal? I know gun laws can vary by state and individual reservation.

    Also the hoh rain forest is just considered part of olympic national park not indian land right? Thanks.
    There is a website that has the tribal laws. Unfortunately, the link is on my "presently unserviceable" computer. I think it has been posted on this forum in the past though...you could try search.

    Simple explanation is: No-tribal members are not subject to tribal law. That said, in WA tribal police can enforce state law on non-tribal members. After they arrest you (assuming you did something that you could be arrested for) they will turn you over to the local police. My way of viewing (not a real legal way, just practical) I treat tribal property as private property. It is just the easiest way to do it.

    I noticed you asked about Open Carry..did you mean on tribal land, or did you mean anywhere in WA? As WA does not recognize TX, you probably should plan on OC everywhere when you are here. There is an exemption for anyone that is "going to, returning from, or participating in, any outdoor recreational activity" RCW 9.41.060(8). I assume your comments on the Olympic NP etc, that you are going hiking while you are here? If so, you can OC or CC, as you should desire. Hiking (or even strolling on the beach) is an outdoor recreational activity. You are not going to encounter any problems anyway, but just for your peace of mind, look up RCW 9.41.060 and read it. RCW 9.41.270 and RCW 9.41.300 are also good to know. RCW 9.41.300 has what places are possibly restricted.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.060

  8. #8
    Regular Member
    Join Date
    Mar 2013
    Location
    Texas
    Posts
    20
    I was only asking about the reservations. I have done a bit of reading as stated above but couldn't find that info. I will be oc ing as WA does not honor my permit. And yes I will be doing lots of hiking and taking photos while there.
    Last edited by dirtyrice; 05-19-2013 at 02:20 AM.

  9. #9
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338
    Many of us here have had no problems on Reservations or tribal property. I have carried on Lummi, Tulalip, Skagit, Nooksack. Just remember respect goes a long way.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  10. #10
    Regular Member
    Join Date
    Sep 2008
    Location
    USA
    Posts
    694
    I have been OC'ing on the Jamestown S'Klallam reservation for years and never had a problem.
    Perhaps if you would use a real computer you wouldn't have to apologize for not being able to do so many things on the internet!

  11. #11
    Campaign Veteran slapmonkay's Avatar
    Join Date
    May 2011
    Location
    Montana
    Posts
    1,267
    Here is the best compilation of tribal law I have found. As everyone else said, tribal law is for tribal members. I actually live on one of the largest Indian reservations in the US, have never had an issue. I can actually ask for a non-tribal cop if pulled over by one.

    http://www.handgunlaw.us/documents/tribal_law_ccw.pdf
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

  12. #12
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by dirtyrice View Post
    I was only asking about the reservations. I have done a bit of reading as stated above but couldn't find that info. I will be oc ing as WA does not honor my permit. And yes I will be doing lots of hiking and taking photos while there.
    If you are here to go hiking etc...don't worry about unloading your OC when you are in your vehicle. RCW 9.41.060(8) has you covered.

  13. #13
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291
    As usual I'm late to some of these threads but here is what I have for you....

    I have contacted the Tribal Judge by US Mail to many of the Reservations on the peninsula. All of them follow state law on carry. The Police Chief at Neah Bay (Makah Tribe) did ask that if I was going to be open carrying that I stop by the station and let him make a copy of the CPL/Drivers license so if he got calls he could let them know it was ok without sending someone out.

    As for driving thru, carry on and enjoy yourself.

    I do recommend the trip to the Cape Flattery Trail. It's the most NW corner of the US and has a 1/2 mile trail/hike to get out to the view points. (https://fortress.wa.gov/ecy/shorepho...0627_03200.jpg) You will need to buy a $10 permit (good for a year) to visit all the beaches and hiking areas. Hobuck beach is a great spot for camping and they have cabins for rent as well. http://www.hobuckbeachresort.com/

  14. #14
    Regular Member rapgood's Avatar
    Join Date
    Jan 2012
    Location
    Bothell, WA
    Posts
    565
    Quote Originally Posted by Bill Starks View Post
    As usual I'm late to some of these threads but here is what I have for you....

    I have contacted the Tribal Judge by US Mail to many of the Reservations on the peninsula. All of them follow state law on carry. The Police Chief at Neah Bay (Makah Tribe) did ask that if I was going to be open carrying that I stop by the station and let him make a copy of the CPL/Drivers license so if he got calls he could let them know it was ok without sending someone out.

    As for driving thru, carry on and enjoy yourself.

    I do recommend the trip to the Cape Flattery Trail. It's the most NW corner of the US and has a 1/2 mile trail/hike to get out to the view points. (https://fortress.wa.gov/ecy/shorepho...0627_03200.jpg) You will need to buy a $10 permit (good for a year) to visit all the beaches and hiking areas. Hobuck beach is a great spot for camping and they have cabins for rent as well. http://www.hobuckbeachresort.com/
    Bill,

    I am continually impressed by the depth and breadth of your knowledge.
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  15. #15
    Regular Member
    Join Date
    Mar 2013
    Location
    Texas
    Posts
    20
    Thanks for the info bill. Would he want to make a copy of my Texas cpl which isn't valid in WA?? That trail does look like it is worth the time to check out.
    Last edited by dirtyrice; 05-23-2013 at 10:19 PM.

  16. #16
    Regular Member sudden valley gunner's Avatar
    Join Date
    Dec 2008
    Location
    Whatcom County
    Posts
    17,338
    Quote Originally Posted by dirtyrice View Post
    Thanks for the info bill. Would he want to make a copy of my Texas cpl which isn't valid in WA?? That trail does look like it is worth the time to check out.
    He might, because it still shows you have had a back ground check.
    Just remember respect goes a long way.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  17. #17
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Quote Originally Posted by Bill Starks View Post
    As usual I'm late to some of these threads but here is what I have for you....

    I have contacted the Tribal Judge by US Mail to many of the Reservations on the peninsula. All of them follow state law on carry. The Police Chief at Neah Bay (Makah Tribe) did ask that if I was going to be open carrying that I stop by the station and let him make a copy of the CPL/Drivers license so if he got calls he could let them know it was ok without sending someone out.

    As for driving thru, carry on and enjoy yourself.

    I do recommend the trip to the Cape Flattery Trail. It's the most NW corner of the US and has a 1/2 mile trail/hike to get out to the view points. (https://fortress.wa.gov/ecy/shorepho...0627_03200.jpg) You will need to buy a $10 permit (good for a year) to visit all the beaches and hiking areas. Hobuck beach is a great spot for camping and they have cabins for rent as well. http://www.hobuckbeachresort.com/
    Quote Originally Posted by rapgood View Post
    Bill,

    I am continually impressed by the depth and breadth of your knowledge.

    Bill-

    Hopefully that wasn't just lawyer speak for "you're full of it"
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  18. #18
    Regular Member rapgood's Avatar
    Join Date
    Jan 2012
    Location
    Bothell, WA
    Posts
    565
    Quote Originally Posted by amlevin View Post
    Bill-

    Hopefully that wasn't just lawyer speak for "you're full of it"
    No! It wasn't! Those who know me know that, if I think someone is "full of it," I come right out and say so!
    Rev. Robert Apgood, Esq.

    A right cannot be lost by exercising it. McDonald v. Chicago, 561 U.S. 3025, 130 S. Ct. 3020, 3021, 177 L. Ed. 2d 894 (2010) (citing Near v. Minn., 283 U.S. 697 (1931)).

    Although IAAL, anything I say here is not legal advice. No conversations we may have privately or otherwise in this forum constitute the formation of an attorney-client relationship, and are not intended to do so.

  19. #19
    Regular Member
    Join Date
    Mar 2009
    Location
    Long gone
    Posts
    2,575
    Quote Originally Posted by rapgood View Post
    No! It wasn't! Those who know me know that, if I think someone is "full of it," I come right out and say so!
    Yes you do, LOL
    Throw me to the wolves and I will come back leading the pack.

  20. #20
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    Indian Reservation gun laws

    Bill is a great resource and works very hard had providing all of us with great information. Thus his title State Researcher...

    Thanks Bill great to have you as a friend.
    Live Free or Die!

  21. #21
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291
    Thanks guys.....

    I haven't been to the trail in a couple of years but i'm sure if you stopped in and let him know you were there and carrying all would be well as we are an OC state and you would be following state law. While you are here you should apply for the Washington CPL. I'd suggest applying for it in Silverdale as they have been know to issue before you leave the building.

    Enjoy the area.

  22. #22
    Regular Member
    Join Date
    Mar 2013
    Location
    Texas
    Posts
    20
    Quote Originally Posted by Bill Starks View Post
    Thanks guys.....

    I haven't been to the trail in a couple of years but i'm sure if you stopped in and let him know you were there and carrying all would be well as we are an OC state and you would be following state law. While you are here you should apply for the Washington CPL. I'd suggest applying for it in Silverdale as they have been know to issue before you leave the building.

    Enjoy the area.
    Yeah I had some people in another thread recommend going to kitsap county to apply. Most likely I will do that saturday morning so I don't have to unload when getting in the car. Would be nice if I can walk out with a wa cpl in a couple of hours. Do they issue you the card right there or does it usually come in the mail?

  23. #23
    State Researcher Bill Starks's Avatar
    Join Date
    Dec 2007
    Location
    Nortonville, KY, USA
    Posts
    4,291
    Quote Originally Posted by dirtyrice View Post
    Yeah I had some people in another thread recommend going to kitsap county to apply. Most likely I will do that saturday morning so I don't have to unload when getting in the car. Would be nice if I can walk out with a wa cpl in a couple of hours. Do they issue you the card right there or does it usually come in the mail?
    http://www.kitsapgov.com/sheriff/sup...slicensing.htm

    Application hoursare 9:00-11:00 am and 1:30-3:30 pm weekdays, excluding holidays. The application process takes about 30 minutes. The application form can be downloaded here.

  24. #24
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by dirtyrice View Post
    Ok. I have no reason to stop on the res and will avoid doing so
    I try to sell them blankets but they wised up to that one ...

  25. #25
    Regular Member 509rifas's Avatar
    Join Date
    Mar 2013
    Location
    Yakima County
    Posts
    253
    I live about 2 miles from the Yakama Rez and go through there often.

    Indian laws only apply to Indians in Indian country.
    Recently there's been some conflict over the role of Tribal Police in arresting non-Indians for committing RCW crimes on the Rez; last I heard they could only detain them and wait for the Sheriff's Office to show up. And there's plenty of shootings, meth labs, burglaries, etc by non-Indians on the Rez.
    So no, the tribal laws on guns don't apply unless you are a registered tribal member.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •