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Thread: Carried in Wal-Mart MaeAnne Reno, NV

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    Carried in Wal-Mart MaeAnne Reno, NV

    Carried in Wal-Mart today and yesterday on MaeAnne here in Reno, NV with no problems. I had lots of looks, but no one approached me about it. I was followed by their Asset Protection associate. He kept circling around me and my family while he squawked on the phone to someone. Other than that, no problems!

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by wdr89523 View Post
    Carried in Wal-Mart today and yesterday on MaeAnne here in Reno, NV with no problems. I had lots of looks, but no one approached me about it. I was followed by their Asset Protection associate. He kept circling around me and my family while he squawked on the phone to someone. Other than that, no problems!
    Maybe he was on the phone to 911 and the 911 operator asked what you were doing. When he said "appears to be shopping" they might have said well call us back if he starts doing something illegal, other than that leave us alone or be charged with making false distress calls.

    (more sarcasim fo for those that have no funny bone)

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    He probably was on the phone with his boss. Since most of the Walmartians don't know gun laws other than the laws to purchase a gun in their store, I'm sure they kept a close eye on me. It is fine. But after a while, it becomes harassing!

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by wdr89523 View Post
    He probably was on the phone with his boss. Since most of the Walmartians don't know gun laws other than the laws to purchase a gun in their store, I'm sure they kept a close eye on me. It is fine. But after a while, it becomes harassing!
    You probably would have made his head explode it you and your wife split up......lol

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    Regular Member renoglock22's Avatar
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    I have been in this walmart many times carrying and not. Myself and a few of my friends have been followed like that in the store. They will make big circles around you acting like they are on the phone and looking at stuff. I think they just label everyone as a shoplifter in that store regardless if you are carrying or not. I don't go in there anymore.

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    Hmmm . . .maybe I'll have to swing by the L&L for lunch sometime soon, then wander over to Wally World and do some shopping . . .

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    Regular Member john-in-reno's Avatar
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    I go in that wally world alot, and the one on kitkzie lane also, Never had any problems with either store, and never noticed anybody following me around not that it mattered any.

    the only thing i did have a problem with was when a person that taught CCW class told me I could not do what i was doing (OC) and he said it was against the law and I set him straight
    http://washoecountygunrights.blogspot.com/

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    I've open carried in that Wal-Mart before as well and haven't had any issues. I also open carried a few times at the Wal-Mart on Northtowne before they closed it. I have yet to even go to the new one they opened next to GSR.

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by njeske View Post
    I've open carried in that Wal-Mart before as well and haven't had any issues. I also open carried a few times at the Wal-Mart on Northtowne before they closed it. I have yet to even go to the new one they opened next to GSR.
    Do NOT carry at the WalMart by GSR, that is on Indian tribal land, so you will be subject to tribal law, and I have already researched it and found out that if they want to they can confiscate your gun and prosecute you for being on there land armed.

    I will re-reserch this and let you know what i find again, as it was about 1 year ago or so when i checked it out but in the mean time look at NRS 233A.120 and see what you think.
    http://washoecountygunrights.blogspot.com/

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    Regular Member renoglock22's Avatar
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    Quote Originally Posted by john-in-reno View Post
    Do NOT carry at the WalMart by GSR, that is on Indian tribal land, so you will be subject to tribal law, and I have already researched it and found out that if they want to they can confiscate your gun and prosecute you for being on there land armed.

    I will re-reserch this and let you know what i find again, as it was about 1 year ago or so when i checked it out but in the mean time look at NRS 233A.120 and see what you think.



    That WalMart is right down the street from my work so I go in there often and almost every time I am armed. I have never had an issue. Most of the workers there are from the Northetown store so I guess they are used to it. It would be nice to know if I could be arrested for carrying there.

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by renoglock22 View Post
    That WalMart is right down the street from my work so I go in there often and almost every time I am armed. I have never had an issue. Most of the workers there are from the Northetown store so I guess they are used to it. It would be nice to know if I could be arrested for carrying there.
    CHAPTER 233A - INDIAN AFFAIRS
    NRS 233A.120 Rights of self-government preserved. The provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who are recognized by the United States as possessing powers of self-government from enacting their own laws, regulations and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure, but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada. (Added to NRS by 1973, 1052)


    After talking to one of the Tribal Officers and reading this I would have to say stay away from this Wal-Mart due to the fact it is on tribal land, and they are considered a sovereign nation with there own government type system and laws.

    I would say there is a big gray area here since there is no place that i can go to look up tribal law so I would say best to stay away, as my tag says "I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS" so this is not legal advice Just my opinion.

    All I know is I will not go into that wal-mart myself so as to avoid any trouble!
    http://washoecountygunrights.blogspot.com/

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by ravir3511 View Post
    Can you please post where you got your information where the Wal-Mart on Glendale by GSR is indeed on tribal land.
    1. Start off here http://wcgisweb.washoecounty.us/QuickMap/

    2. then zoom in on the area of the map with the walmart on it and you will see that it says "Tribal land"

    3. When you click on the area it brings up info on the left side of the screen about the property, now click on the ASSESSMENT link at the top of the left panel and it will bring you to this page http://www.washoecounty.us/assessor/...disclaimer=yes

    as you see in the information
    Situs 2455 E 2ND ST
    Owner 1 UNITED STATES OF AMERICA TTEE
    Mail Address C/O BIA WESTERN NV AGENCY
    311 E WASHINGTON ST
    CARSON CITY NV 89701
    Owner 2 or Trustee RENO/SPARKS INDIAN COLONY

    4. Now click on the picture on the bottom left of the page and it will bring up this page http://www.washoecounty.us/assessor/...1&CardNumber=1

    5. Now look at the info on the picture and you will see on the right hand side it says Walmart.

    You can use this for anyplace in washoe county to find out stuff about the property's and who owns them, what they pay in tax, Ect
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

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    Perfect Thanks, I deleted my thread when I was trying to edit it and say that I had found a Sparks Tribune article that did state that it was Tribal land. The sad thing is the RSIC is so dis-jointed over that area that one has to be extremely careful about open carry as a simple left turn can put you on tribal land and under the mercy of their tribal laws. Which leads to a possible unrelated question. Research states that the RSIC purchased that land and it was not a part of the original tribal charter. If this is the case isn't it like a foreign entity coming to the US and buying a piece of land at which point it does not matter where the entity is from the land is subject to federal law and the laws of the state in which the land is located?
    Last edited by ravir3511; 09-22-2011 at 08:16 PM.

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    Quote Originally Posted by john-in-reno View Post
    I go in that wally world alot, and the one on kitkzie lane also, Never had any problems with either store, and never noticed anybody following me around not that it mattered any.

    the only thing i did have a problem with was when a person that taught CCW class told me I could not do what i was doing (OC) and he said it was against the law and I set him straight
    That was obviously not one of the SFA instructors in Fallon. We discussed that you CAN OC, and I even brought up Walmart Fallon as a non-event for OC.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by ravir3511 View Post
    Perfect Thanks, I deleted my thread when I was trying to edit it and say that I had found a Sparks Tribune article that did state that it was Tribal land. The sad thing is the RSIC is so dis-jointed over that area that one has to be extremely careful about open carry as a simple left turn can put you on tribal land and under the mercy of their tribal laws. Which leads to a possible unrelated question. Research states that the RSIC purchased that land and it was not a part of the original tribal charter. If this is the case isn't it like a foreign entity coming to the US and buying a piece of land at which point it does not matter where the entity is from the land is subject to federal law and the laws of the state in which the land is located?
    The time I saw that discussed, I was left with the understanding that Tribal law is for those who are in the tribe.

    IANAL, no Holiday inn express, but the "tribal land" thing IMHO did NOT prevent a US citizen who is not a member of the tribe from conducting themselves according to applicable state law.

    Further, the "but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada." indicates that tribal law cannot supercede the Constitutions of the US or NV, but the real question is this. Is a Nevada resident, or even a US resident that isn't a member of the tribe actually "under the jurisdiction of such tribal court or governmental org" simply from the act of crossing a boundary onto tribal land?
    Last edited by wrightme; 09-22-2011 at 08:22 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by wrightme View Post
    The time I saw that discussed, I was left with the understanding that Tribal law is for those who are in the tribe.

    IANAL, no Holiday inn express, but the "tribal land" thing IMHO did NOT prevent a US citizen who is not a member of the tribe from conducting themselves according to applicable state law.

    Further, the "but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada." indicates that tribal law cannot supercede the Constitutions of the US or NV, but the real question is this. Is a Nevada resident, or even a US resident that isn't a member of the tribe actually "under the jurisdiction of such tribal court or governmental org" simply from the act of crossing a boundary onto tribal land?
    When I researched this a year or so ago, i was under the same impression. I looked pretty carefully, as the Reservation north of Vegas was a concern for me. My understanding of the reading was that only tribe member, on tribal land, are subject to tribal law. As I recall, it was the "subject to the jurisdiction" section that a non-tribe member fails to qualify.

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    Quote Originally Posted by gmijackso View Post
    When I researched this a year or so ago, i was under the same impression. I looked pretty carefully, as the Reservation north of Vegas was a concern for me. My understanding of the reading was that only tribe member, on tribal land, are subject to tribal law. As I recall, it was the "subject to the jurisdiction" section that a non-tribe member fails to qualify.
    That is the big question. Does the simple act of crossing the boundary place an otherwise LAC under that blanket or not?

    As example, if tribal law restricts firearm ownership by tribal members, a LAC OCer stepping onto tribal land should not need to disarm.
    Last edited by wrightme; 09-23-2011 at 08:43 AM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    So I was doing some research on this and found the following website with the following information, now I am no expert but this seems to say that as a non-reservation member the tribe does not have authority for crimes that I may commit on the reservation, BUT RSIC PD are certified POST officers in the State of NV and I was curious as well if their status is recognized as an LEO throughout the state of NV or once they step off the reservation their police powers ends. However, the other question is if I am performing an activity that is deemed legal in the state and federal law, can it be a crime on the reservation? IE carrying of a firearm.
    http://library.findlaw.com/2003/Mar/24/132651.html

    Question: "Can I Be Prosecuted in Tribal Court?"

    Answer: It depends. Tribal courts do not have general criminal jurisdiction over non-Indian crimes occurring on the reservation.[68] However, tribal courts do retain the power to exclude any unwanted person from their reservations.[69]

    Jurisdiction for non-Indian criminal offenses on the reservation lies with state or federal courts: Crimes committed on the reservation by non-Indians against non-Indians are subject to state jurisdiction.[70] Also, although unsupported by federal law, some state courts typically try non-Indians for traffic and other minor offenses occurring on the reservation. Federal courts have jurisdiction under the General Crimes Act[71] over reservation crimes committed by non-Indians against Indians or Indian "interests" (e.g., property).[72]

    In 1990, the U.S. Supreme Court ruled in Duro v. Reina,[73] that state or federal courts could also assert jurisdiction over on-reservation crimes of Indians who are not members of the tribal community in which the crime occurred. However, Congress quickly overrode Duro, and affirmed the "inherent power of Indian tribes . . . to exercise criminal jurisdiction over all Indians."[74] Thus, absent federal statutes that limit tribal jurisdiction,[75] tribal courts retain jurisdiction over Indian crimes carried out on the reservation.[76]

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    Regular Member john-in-reno's Avatar
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    I ran across that also among a lot of other materiel on Indian laws and such and there is a very large gray area.

    I am thinking about talking to the tribal council and find out where they stand on this issue for at least about going to the business's on tribal land in the reno sparks area such as Wal-mart.

    This is not high on my to do list, getting things like carry on Public transportation, Library use, among other things fixed in the Reno/Sparks/Washoe county area.

    If anybody wants to take this on let me know how it goes, and if nobody takes this task on I will get to it sometime in the future.

    Not shopping at 1 Wal-mart in a town that has 5 or 6 stores does not affect me as much as the other issues, so i just choose to stay away from there for now
    http://washoecountygunrights.blogspot.com/

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    I got rear ended by a Reno PD driving into that Walmart parking lot right by the Burger King one time. That was a funny story.

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    Quote Originally Posted by ravir3511 View Post
    <snip>
    However, the other question is if I am erforming an activity that is deemed legal in the state and federal law, can it be a crime on the reservation? IE carrying of a firearm.
    http://library.findlaw.com/2003/Mar/24/132651.html

    Question: "Can I Be Prosecuted in Tribal Court?"

    Answer: It depends. Tribal courts do not have general criminal jurisdiction over non-Indian crimes occurring on the reservation.[68] However, tribal courts do retain the power to exclude any unwanted person from their reservations.[69]

    Jurisdiction for non-Indian criminal offenses on the reservation lies with state or federal courts: Crimes committed on the reservation by non-Indians against non-Indians are subject to state jurisdiction.[70] Also, although unsupported by federal law, some state courts typically try non-Indians for traffic and other minor offenses occurring on the reservation. Federal courts have jurisdiction under the General Crimes Act[71] over reservation crimes committed by non-Indians against Indians or Indian "interests" (e.g., property).[72]

    In 1990, the U.S. Supreme Court ruled in Duro v. Reina,[73] that state or federal courts could also assert jurisdiction over on-reservation crimes of Indians who are not members of the tribal community in which the crime occurred. However, Congress quickly overrode Duro, and affirmed the "inherent power of Indian tribes . . . to exercise criminal jurisdiction over all Indians."[74] Thus, absent federal statutes that limit tribal jurisdiction,[75] tribal courts retain jurisdiction over Indian crimes carried out on the reservation.[76]
    So, that really sounds like "if the act is criminal based upon state or federal law, it is criminal on the reservation." But, if it is NOT criminal based upon state or federal law, it isn't against the law on tribal land, unless the act is committed by a tribe member on tribal land in violation of tribal statute.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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