Results 1 to 15 of 15

Thread: Are Indian Reservations exempt from Washington State Law on machine gun restrictions?

  1. #1
    Regular Member
    Join Date
    Jul 2009
    Location
    Kent, Washington, USA
    Posts
    2,048

    Are Indian Reservations exempt from Washington State Law on machine gun restrictions?

    RCW 9.41.190 states that fully automatic weapons and short barreled shotguns are unlawful for a citizen to own (with certain exceptions being commissioned police officers or duty military personnel). Are Tribal Lands exempt from this law? If so, what laws do Tribal land have on firearm possession?

  2. #2
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Indian reservations are governed by several different sets of laws. In some states that are PL-280 states they have jurisdiction over criminal offenses committed on reservations. In states that were not given jurisdiction through PL-280, Federal Law takes over and can supersede tribal laws/code.

    In Federal Law there is the "Assimilative Crimes Act".

    " Assimilative Crimes Act (ACA) is a Federal statute (18 U.S.C.A. 13) which provides adoption by Congress of state criminal laws for areas of exclusive or concurrent federal jurisdiction if the crime is not punishable under federal law."

    Machine guns may not be prohibited under Federal Law as long as they are on the NFA registry and the $200 tax is paid, and may not be illegal by Tribal Law, but here in Washington State they are. If one were to be found with a Machine Gun on a Washington State Reservation they would most likely be charged in Federal Court using the Assimilative Crimes Act. This occurred in the 70's with some illegal fireworks that were being sold by the Puyallup Tribal members.

    This would also apply to SBR's and Short Barreled shotguns as they are prohibited by State Law.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  3. #3
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Quote Originally Posted by NavyLT View Post
    I think it might be easier for a Tribal Police Officer to simply seize the weapon and write the offender a ticket. RCW 9.41.220 acting under the authority of RCW 10.92.020.
    Yes, this would be possible and easier AS LONG AS the tribe has complied with all the provisions that allow their officers to act as Washington State Police Officers.

    This would cover some but not all of the tribes.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  4. #4
    Regular Member
    Join Date
    Jul 2009
    Location
    Kent, Washington, USA
    Posts
    2,048
    I'm sick of this B.S. automatic weapons ban in Washington. How many states even still have it?

  5. #5
    Regular Member
    Join Date
    Jun 2010
    Location
    Kenmore
    Posts
    71
    I counted nine on the map that is linked at the top of the page.
    They're over there with their guns!

  6. #6
    Regular Member
    Join Date
    Jul 2009
    Location
    Kent, Washington, USA
    Posts
    2,048
    I wonder what it would take to get it repealed..

  7. #7
    Regular Member oldbanger's Avatar
    Join Date
    Oct 2010
    Location
    beckofbeyond - Idaho
    Posts
    476
    Quote Originally Posted by Aaron1124 View Post
    what laws do Tribal land[sic] have on firearm possession?
    [B][Title 25 CFR 11.444]
    [Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
    [Title 25 - INDIANS]
    [Chapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR]
    [Subchapter B - LAW AND ORDER]
    [Part 11 - LAW AND ORDER ON INDIAN RESERVATIONS]
    [Subpart D - Criminal Offenses]
    [Sec. 11.444 - Carrying concealed weapons.]
    [From the U.S. Government Printing Office]


    25INDIANS12002-04-012002-04-01false11.444Sec. 11.444INDIANSBUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORLAW AND ORDERLAW AND ORDER ON INDIAN RESERVATIONSCriminal Offenses
    Sec. 11.444 Carrying concealed weapons.

    A person who goes about in public places armed with a dangerous
    weapon concealed upon his or her person is guilty of a misdemeanor
    unless he or she has a permit to do so signed by a magistrate of the
    Court of Indian Offenses.

    http://www.gpo.gov/fdsys/pkg/CFR-200...-sec11-444.htm
    Last edited by oldbanger; 11-10-2010 at 10:39 PM.

  8. #8
    Regular Member wolf-father's Avatar
    Join Date
    Aug 2008
    Location
    , Washington, USA
    Posts
    130
    What I am trying to figure out is if you must inform them if stopped that you are carrying. Becouse you do not in Wa. state. I have seen shows where the Indians will take it if you do not inform.

  9. #9
    Regular Member
    Join Date
    Apr 2008
    Location
    Bremerton, Washington, USA
    Posts
    226
    Quote Originally Posted by NavyLCDR View Post

    You know, I said the same thing about silencers; yet poof! they're legal to use now. Granted, there are significant differences between silencers and MG's, but I think I make my point. There was LE endorsement for changing the silencer laws, and I just don't see the same support for changing the MG laws.

    Only Ones are not our friends.

  10. #10
    Regular Member FMCDH's Avatar
    Join Date
    Nov 2008
    Location
    St. Louis, MO
    Posts
    2,043
    Quote Originally Posted by aktion View Post
    You know, I said the same thing about silencers; yet poof! they're legal to use now. Granted, there are significant differences between silencers and MG's, but I think I make my point. There was LE endorsement for changing the silencer laws, and I just don't see the same support for changing the MG laws.

    Only Ones are not our friends.
    Keep in mind that SB 2098 & SB 2099 are not about Machine Guns, only Short Barreled Rifles and Short Barreled Shotguns.

    I realize that you were probably using the "MG" as a catch all phrase, but its important to keep the distinction clear for context sake.

  11. #11
    Regular Member amzbrady's Avatar
    Join Date
    Mar 2009
    Location
    Marysville, Washington, USA
    Posts
    3,522
    If you voted for Obama to prove you are not a racist...
    what will you do now to prove you are not stupid?

    "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." - Norman Thomas

    "They who can who can give up essential liberty to obtain a little temporary safety, deserve niether liberty nor safety." - Ben Franklin

  12. #12
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Quote Originally Posted by amzbrady View Post
    The Greeks had them first. They even built ones that worked, minus the electricity.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  13. #13
    Regular Member
    Join Date
    Jun 2010
    Posts
    62
    I wonder if the ban would apply to a corprate owner? Could a company own automatic weapons in the state of WA?

  14. #14
    Regular Member amlevin's Avatar
    Join Date
    Feb 2007
    Location
    North of Seattle, Washington, USA
    Posts
    5,953
    Quote Originally Posted by av8tr1 View Post
    I wonder if the ban would apply to a corprate owner? Could a company own automatic weapons in the state of WA?
    IIRC, the only way a "Corporation" could own FA weapons here in Washington is if they are in the business of manufacturing, repairing, servicing, and Selling them. Since there are a very limited number of "Customers" that can legally buy (LE Departmentsm Military, and Government) then their business opportunities would sure be limited.

    Since most Tribes adopt language from surrounding State Law for their Tribal Code, I'll bet that there is no way anyone could legally own or posses a Fully Automatic Weapon on a reservation, Tribal Member or not.

    Just thinking out loud.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  15. #15
    Regular Member
    Join Date
    Jun 2010
    Posts
    62
    Quote Originally Posted by amlevin View Post
    IIRC, the only way a "Corporation" could own FA weapons here in Washington is if they are in the business of manufacturing, repairing, servicing, and Selling them. Since there are a very limited number of "Customers" that can legally buy (LE Departmentsm Military, and Government) then their business opportunities would sure be limited.

    Since most Tribes adopt language from surrounding State Law for their Tribal Code, I'll bet that there is no way anyone could legally own or posses a Fully Automatic Weapon on a reservation, Tribal Member or not.

    Just thinking out loud.
    We had places in Colorado that rent machine guns by the hour for entertainment value. I would never pay too shoot one (got my fill in the military) but I know lots of people would spend the money if it was available. I was thinking more along those lines.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •