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Thread: Indian Reservation and carry

  1. #1
    Regular Member XDSTEEL's Avatar
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    Indian Reservation and carry

    I am just wondering about open carry on Indain Reservations. Not in Casinos because on most reservations you are not allowed to anyway. I live in an area where my state and adjoining states have reservations so I just wanna get the overall feel about OCing and firearms in general.
    Patrick Henry didn't say "Give me safety , or give me death". Liberty is what America is about.

  2. #2
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    Well, considering that any given reservation has one or more different sovereign nations on it's land, each with their own laws, that would be kind of hard to answer. If you plan on doing anything more than accidentally cross through a nation while driving on State highways, you'll have to find out which nation's land you are visiting and learn the laws of that nation.

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    In Montana state law applys,just carry as you would normally.

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    Quote Originally Posted by Aubb View Post
    In Montana state law applys,just carry as you would normally.
    Cite? Wouldn't tribal law, not State law apply? What does tribal law say?

  5. #5
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    Generally, most tribal laws are for gun-control -- not for all carrying guns. The tribe is essentially a large family, and they handle things in a different fashion. Justice doesn't exist in the same way on those lands. Just as I avoid driving through other countries, I avoid driving through reservations.
    It takes a village to raise an idiot.

  6. #6
    Regular Member Sonora Rebel's Avatar
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    If you're on state roads and don't exit your vehicle, then state laws apply. Exit your vehicle on NDN lands and Tribal Laws apply. (This incudes gas stations on NDN land) There's no open carry allowed that I've ever heard of on NDN land 'cept Tribal Police. Not all of them wear a badge... depends where you are.

    Short 'n sweet... don't OC or CC on NDN land outside of your vehicle.

  7. #7
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    According to BIA, Tribal Law applies only to residents of a reservation. Just as police in areas surrounding a reservation can only hold reservation residents until the tribal police pick them up, the most tribal police can do to a reservation non-resident is detain them for the county sheriff. Regardless of how tribal police might try and bully you into giving in to their opinion enforcement, as long as you are in compliance with state and county laws, they can do nothing.

    From the BIA website:

    What is the jurisdiction of tribal courts?
    Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside or do business on federal Indian reservations. They also have criminal jurisdiction over violations of tribal laws committed by tribal members residing or doing business on the reservation.

  8. #8
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    "Generally..."

    Rely on this at your own peril.

    Barring a citation of law or precedent, I'd ignore what the BIA says on this.

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    If the Reservation has ordinances against carrying firearms and they don't honor a states permit/license (they don't have to) they will in most cases take the firearm and escort you off the reservation. You will most likely not get your gun back. If you are breaking a state law they will call the Sheriff or State Police and hold you till they show up to arrest you. They work closely with local law enforcement.
    Last edited by Gary Slider; 10-09-2010 at 04:27 PM.

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