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.

Here is a thread I started on Waguns on the very subject.

http://www.waguns.org/viewtopic.php?f=47&t=13280&p=119511&hilit=Indian+Reservation#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.

dirtyrice said:

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?

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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.

Ok. I have no reason to stop on the res and will avoid doing so

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.

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

dirtyrice said:

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.

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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

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.

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 have been OC'ing on the Jamestown S'Klallam reservation for years and never had a problem.

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

dirtyrice said:

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.

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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.

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/shorephotos/yr2006/Clallam/hi_res/060627_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 Starks said:

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/shorephotos/yr2006/Clallam/hi_res/060627_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/

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Bill,

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

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.

dirtyrice said:

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.

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He might, because it still shows you have had a back ground check.
Just remember respect goes a long way.

Bill Starks said:

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/shorephotos/yr2006/Clallam/hi_res/060627_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/

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rapgood said:

Bill,

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

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Bill-

Hopefully that wasn't just lawyer speak for "you're full of it"

amlevin said:

Bill-

Hopefully that wasn't just lawyer speak for "you're full of it"

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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!

rapgood said:

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!

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Yes you do, LOL

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.