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?

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.

NavyLT said:

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.

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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.

I'm sick of this B.S. automatic weapons ban in Washington. How many states even still have it?

I counted nine on the map that is linked at the top of the page.

I wonder what it would take to get it repealed..

Aaron1124 said:

what laws do Tribal land[sic] have on firearm possession?

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[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-2002-title25-vol1/html/CFR-2002-title25-vol1-sec11-444.htm

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.

NavyLCDR said:

View attachment 4481

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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.

aktion said:

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.

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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.

I imagine they would probably have fully automatic bow's.

http://www.youtube.com/watch?v=l6aRST9PgNI

http://www.youtube.com/watch?v=QS4RKoRyTik&feature=related

amzbrady said:

I imagine they would probably have fully automatic bow's.

http://www.youtube.com/watch?v=l6aRST9PgNI

http://www.youtube.com/watch?v=QS4RKoRyTik&feature=related

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The Greeks had them first. They even built ones that worked, minus the electricity.

I wonder if the ban would apply to a corprate owner? Could a company own automatic weapons in the state of WA?

av8tr1 said:

I wonder if the ban would apply to a corprate owner? Could a company own automatic weapons in the state of WA?

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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.

amlevin said:

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.

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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.