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OC laws on Indian Reservation?

Lante

Regular Member
Joined
May 27, 2009
Messages
122
Location
Kingston, Washington, USA
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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!
 

sudden valley gunner

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Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
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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.
 

joeroket

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Dec 5, 2006
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3,339
Location
Everett, Washington, USA
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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.
 

sudden valley gunner

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Whatcom County
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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.
 

5jeffro7

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Joined
Jun 4, 2009
Messages
172
Location
Mountlake Terrace, Washington, USA
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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
 

U8Dust

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Joined
Jul 7, 2009
Messages
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Location
, ,
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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.
 

j2l3

Regular Member
Joined
Aug 18, 2007
Messages
871
Location
Seattle, Washington, USA
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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.
 

U8Dust

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Jul 7, 2009
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I bet you laughed pretty hard the last time you looked in the mirror, though
 

cynicist

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Aug 16, 2008
Messages
506
Location
Yakima County, ,
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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.
 

Bader

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Joined
Jul 8, 2009
Messages
90
Location
Greenwater, Washington, USA
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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
 

Batousaii

Regular Member
Joined
Jun 16, 2009
Messages
1,226
Location
Kitsap Co., Washington, USA
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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.

- Bat.
 

cynicist

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Joined
Aug 16, 2008
Messages
506
Location
Yakima County, ,
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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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