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Thread: OC laws on Indian Reservation?

  1. #1
    Regular Member Lante's Avatar
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    Just wondering if anyone knew how the state preemption law works on an Indian reservation?

    Where I live, if I travel in 2 directions I am on reservation property. Much of my shopping and free time is spent on the reservation. (Granted enforcement of any law appears lax but.....)

    Has anyone looked into this, or had any experiences with this?

    Thanks!


  2. #2
    Regular Member sudden valley gunner's Avatar
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    Jbone has had sucess on Tulalip. I am working my way up to it on my local sovereign nation. Many there know I do it everywhere else, and are very supportive of it. Also most native nations constitutions are very similar to our federal one. But if you are not native you are an "alien" on their sovereign land. So I would suggest talking to the counsel or the tribal Police chief, always be respectful, and many times you will be afforded that respect back.


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    rights, due to ignorance." (Paraphrased)

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    Non-indians are not required to follow tribal laws. These are only applicable and enforceable to tribal members. Most tribes now are commissioning their officers and they are required to follow protocol just as if they were a county sheriff. The non commissioned tribal officers are required to contact a state agency to hand the incident off to a deputy or trooper.

    The kicker to this whole thing is that they can trespass you from their land for lawful behavior.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    Regular Member sudden valley gunner's Avatar
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    joeroket wrote:
    Non-indians are not required to follow tribal laws. These are only applicable and enforceable to tribal members. Most tribes now are commissioning their officers and they are required to follow protocol just as if they were a county sheriff. The non commissioned tribal officers are required to contact a state agency to hand the incident off to a deputy or trooper.

    The kicker to this whole thing is that they can trespass you from their land for lawful behavior.
    They can hand out speeding tickets I know this I have seen it, I am on tribal land frequently. It isn't lawful if you are breaking their rules on their nation and as of now yes you can only be trespassed and banned, . This might change in the near future. Overall, I show the utmost respect for the indeginous folks of this land and what little sovereignty they have left so instead of insisting on your rights on someone elses private property show respect.

    Also there are some tribal lands that are not subject to state laws, and have only Federal treaties. So state law doesn't preempt these areas at all.
    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)

  5. #5
    State Researcher Bill Starks's Avatar
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    Most of the tribal lands I visit follow state law as far as weapons are concerned.

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    Regular Member 5jeffro7's Avatar
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    I'm working on either a F2F meeting or a telephone call with the Tulalip Chief, so I should be able to update this with what information I learn.

    In case I forget something, is there any specific items yoiu'd all like me to check on? (Although I haven't seen him in quite a while, he used to work under my father at the local PD, moved to chief & then went to tulalip, so I might have a better than average chance of getting some good information from him)

    Jeff

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    most states do not allow you to carry where alcohol is being sold or served, which rules out carrying on most reservations.

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    Regular Member j2l3's Avatar
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    This is not correct. The prohibition in this state is in places where alcohol is sold by the drink AND persons under the age of 21 are prohibited.

    This would also apply on the reservations I think. It would not preclude carrying anywhere else on the reservation.
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    LOL I know, it was a joke

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    U8Dust wrote:
    LOL I know, it was a joke
    TROLLS are not funny.

  11. #11
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    I bet you laughed pretty hard the last time you looked in the mirror, though

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    Regular Member j2l3's Avatar
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    R a Z o R wrote:
    U8Dust wrote:
    LOL I know, it was a joke
    TROLLS are not funny.
    RaZoR,

    This person has not caused us any grief. Please leave him alone in our state forum. If he becomes a problem, we are fully capable of dealing with it, without your help.
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    Non-indians are not required to follow tribal laws. These are only applicable and enforceable to tribal members
    This is true. There's kind of an issue on the Yakima Rez over whether Tribal Police should be allowed to arrest non-Indians who commit crimes on the Rez. Currently, they can only detain them and wait for the Sherrif to show up.



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    Literally, the Sheriff? They actually wait for the county Sheriff him/herself to show up? Not a deputy?

    Reminds me of one of those old western movies where the only law enforcement in the entire town was "The Sheriff" LOL



  15. #15
    Regular Member Batousaii's Avatar
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    j2l3 wrote:
    R a Z o R wrote:
    U8Dust wrote:
    LOL I know, it was a joke
    TROLLS are not funny.
    RaZoR,

    This person has not caused us any grief. Please leave him alone in our state forum. If he becomes a problem, we are fully capable of dealing with it, without your help.
    I'm tryin to make peace with U8Dust as well. I was pretty put off by some earlier posts, but he's come forth sayin he was just joking. I have friends that have really poorly aimed humor - so - i'm offering him an apology and agree with j2l3, we can deal with our own state

    - I do apreciate the intent on trying to help though... good intent, but we got it here.

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    Literally, the Sheriff? They actually wait for the county Sheriff him/herself to show up?
    No, someone from the Yakima County Sheriff's Office. It's just that out here in the sticks with our undereducation we refer to Sheriff's deputies as sheriffs too. We're crazy like that.



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    [quote]

  18. #18
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    This person has not caused me any grief.


    There. I fixed it for you.

  19. #19
    Regular Member j2l3's Avatar
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    No, you fixed it for you....
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  20. #20
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    My point was just because he/she hasn't caused any grief for you, does not license you to speak for the whole board, which you did.

  21. #21
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    Didn't know one needed a license to speak for others.

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