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Thread: Reservation Question During Speech

  1. #1
    Regular Member CKM's Avatar
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    Reservation Question During Speech

    I am currently taking a firefighter instructor class. Each student has to do two presentations, and we can choose any topic we want. I figured it was a perfect opportunity to speak about open carry. I only had 5 minutes to speak, so I had to be brief. The cool part was that all 12 of the people in my audience seemed to already know that open carry is legal. Unfortunately, no one asked me for a flier afterward.

    One person did comment that he thought American Indian reservations had different firearms laws than the rest of the state. I have not looked into this at all. Does anyone know if this is true?

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    Public Law 83-280, 18 USC 1162

    http://www.tribal-institute.org/lists/pl_280.htm
    18 U.S.C. 1162. State Jurisdiction over offenses committed by or against Indians in the Indian country
    (a) Each of the States or Territories listed in the following table shall have jurisdiction over offenses committed by or against Indians in the areas of Indian country listed opposite the name of the State or Territory to the same extent that such State or Territory has jurisdiction over offenses committed elsewhere within the State or Territory, and the criminal laws of such State or Territory shall have the same force and effect within such Indian country as they have elsewhere within the State or Territory:

    State or Territory of Indian country affected
    Alaska All Indian country within the State, except that on Annette Islands, the Metlakatla Indian community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which State jurisdiction has not been extended.
    California All Indian country within the State.
    Minnesota All Indian country within the State, except the Red Lake Reservation.
    Nebraska All Indian country within the State
    Oregon All Indian country within the State, except the Warm Springs Reservation.
    Wisconsin All Indian country within the State.

    (b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.
    (c) The provisions of sections 1152 and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several States have exclusive jurisdiction.
    .
    Last edited by Doug Huffman; 10-20-2010 at 05:42 PM.

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    The answer to your question is pretty complicated. The answer is "It depends". Generally Indian reservations must abide by federal law but usually do not need to abide by state law. Some have established it's own set of civil law an it's own reservation law enforcement agency which operates only on reservation property. However, some reservations enter into a compact with a state(s) for law enforcement of certain activities but do their own enforcement of others. For example: a reservation may enter into a compact with a state to use the state patrol for traffic law enforcement. Others, in lieu of a separate reservation law enforcement agency, may enter into a compact with a local community to provide protection and law enforcement services. So the answer to your question probably varies with each reservation. Then add the confusion of reservations that occupy land in multiple states and things get real interesting. The FBI attends to all matters of federal law.
    Last edited by Captain Nemo; 10-20-2010 at 06:10 PM.

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    Although I cannot provide a cite for this because I have yet to find Lac Du Flambeau statutes online yet.

    But a person who is not a member of the Lac Du Flambeau Tribe of Lake Superior Chippewa is prohibited from having any firearm on tribal-owned property.

    Even if you as a non-member are invited by a card-carrying tribal member to go hunting on tribal land, tribal law prohibits it.

    It kinda sucks, because there are some of the largest deer on the Rez up here that I have ever seen!

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