Wis Indian Resv

[hogeaterf6]

Any thing that is needed to know about traveling thru the Indian Resv in WI while carring? A friend from MI will be traveling thru the State on a mc.

 

[protias]

Each Indian nation is its own sovereign nation, so you'd have to check with each one of them to find out if you can carry or even transport.

 

[ckmorley]

Each Indian nation is its own sovereign nation, so you'd have to check with each one of them to find out if you can carry or even transport.

I read somewhere that you're OK as long as you're on a state road.
I live next door to Menominee County, which is all Reservation land, and I pass thru there quite a bit.


ckmorley

 

[MKEgal]

As long as s/he stays on the road (local, county, state, federal), there's no problem.
Go onto Indian land, problem.
It's kinda like a "GF"SZ - unmarked, & if you're caught it can be trouble.
Each nation sets & enforces its own laws.
I don't even think that the FOPA transport provision is effective there.

It'd be nice if people with contacts in the various tribes could get a definitive answer from someone who can speak for the tribe. Even if it's just "you can stop for gas or lunch, but have to have it unloaded & encased if you come any further in".

 

[Bradley]

Any thing that is needed to know about traveling thru the Indian Resv in WI while carring? A friend from MI will be traveling thru the State on a mc.

http://www.wisconsin.gov/state/core/wisconsin_native_american_tribes.html contact info etc.

 

[metalman383]

Spent a week on the LCO Res, by Hayward this summer. I had heard different stories about how you could, or couldn't carry. I called the DNR looking for awnsers, they gave me the number to the Res council, and ended up talking to the cheif. He told me that all of the normal WI laws applied, that there were no restrictions on non tribal members, that the only differences were that the tribal members were able to do more as far as hunting, and fishing. He told me to carry, as I normally would.

 

[Firearms Iinstuctor]

I personally know the Chief of LCO police dept. Worked with him he is a former county deputy and a good guy.

 

[Law abider]

Don't they still have to abide by federal laws and state anyway? now they may have their own local police and laws for the tribe on top of the federal and state laws.

 

[Nutczak]

Driving on public roads is fine throughout the state.

In Lac Du Flambeau, You are not to even posses a firearm in/on "Tribal Property" Now the next question is "What exactly is tribal property?" I would start with anything clearly marked as a tribal road, those are typically marked with a green sign, a picture of a stone arrowhead, and a number that identifies the road. Being on casino property is a good guess too.

 

[Firearms Iinstuctor]

Unless the road was built with out gas tax dollars highly doughtful and totally tribal funds it is a public road.

Who maintain thems most likely the local township and not the tribe.

 

[Bradley]

Unless the road was built with out gas tax dollars highly doughtful and totally tribal funds it is a public road.

Who maintain thems most likely the local township and not the tribe.

I agree with you, in Burnett County the roads are maintained by the county, townships accordingly and that includes the portions that run through the St. Croix Chippewa Reservation. I have been driving on them for 45 years.

 

[Nutczak]

The tribal roads I am speaking of are NOT paved, they are dirt roads through the woods, not something you'd want to drive in anything but a 4WD vehicle.

 

[Firearms Iinstuctor]

Most likley not town roads then. One would have to know the who the land is owned by. In side reservation bountries there is land owned by the tribe own by townships,county,state, federal goverment and private persons some control by the tribe some not.

 

[notalawyer]

Each Indian nation is its own sovereign nation, so you'd have to check with each one of them to find out if you can carry or even transport.

This Internet 'wisdom' will never, ever die, regardless of how much correct information is presented - sort of like the BS that Game Wardens can just walk into your house whenever they like.:banghead:

Indian Tribes do not have jurisdiction over non-Indians. This was settled in a US Supreme Court ruling way back in 1978,
Oliphant v. Suquamish Tribe, 435 US 191 - Supreme Court 1978

Now whether Federal or state criminal law applies on tribal lands depends entirely on whether the state of Wisconsin (and any other state) assumed criminal jurisdiction as permitted under 25 USC 1321 upon agreement with the tribe. But tribal laws definitely do no apply to non-Indians!


ETA: From US DOJ website:
Crimes occurring on the Menominee Indian Reservation (MIR) are primarily governed by federal(1) and tribal(2) law. Crimes occurring on the lands of the other four tribes are governed by state criminal jurisdiction, pursuant to Public Law 280 (PL-280).
(1) For non-Indians
(2) For Indians



ETA2: In accordance with 28 USC 1360, Wisconsin was mandated by the Federal government to assume jurisdiction over all Civil matters on Indian land, whether Indian or non-Indian individuals.


TL;DR
State laws governs here:
Oneida Tribe of Wisconsin
Stockbridge-Munsee Band of Mohican Indians
Sokoagon Chippewa Community-Mole Lake Band
Forest County Potawatomi

Federal laws govern on the Menominee Indian Reservation

 

[Nutczak]

This Internet 'wisdom' will never, ever die, regardless of how much correct information is presented - sort of like the BS that Game Wardens can just walk into your house whenever they like.:banghead:

Indian Tribes do not have jurisdiction over non-Indians. This was settled in a US Supreme Court ruling way back in 1978,
Oliphant v. Suquamish Tribe, 435 US 191 - Supreme Court 1978

Now whether Federal or state criminal law applies on tribal lands depends entirely on whether the state of Wisconsin (and any other state) assumed criminal jurisdiction as permitted under 25 USC 1321 upon agreement with the tribe. But tribal laws definitely do no apply to non-Indians!


ETA: From US DOJ website:
Crimes occurring on the Menominee Indian Reservation (MIR) are primarily governed by federal(1) and tribal(2) law. Crimes occurring on the lands of the other four tribes are governed by state criminal jurisdiction, pursuant to Public Law 280 (PL-280).
(1) For non-Indians
(2) For Indians



ETA2: In accordance with 28 USC 1360, Wisconsin was mandated by the Federal government to assume jurisdiction over all Civil matters on Indian land, whether Indian or non-Indian individuals.


TL;DR
State laws governs here:
Oneida Tribe of Wisconsin
Stockbridge-Munsee Band of Mohican Indians
Sokoagon Chippewa Community-Mole Lake Band
Forest County Potawatomi

Federal laws govern on the Menominee Indian Reservation

What you are quoting is a little off for the topic at hand. Remember reservations are "Sovereign Nations" within US/State borders. Although their laws may mimic current federal/state laws, there are many differences both subtle and/or striking. I doubt you will find anything regarding these laws posted online since each tribe and/or reservation has their own rules for tribal and non-tribal entities.
My information comes from the current tribal fish and game head, and a former tribal police chief.

Basically if you are on a paved state numbered highway or other paved roads, you should be fine. If you see a sign stating that it is a tribal roadway designated by a green reflective steel sign, with a picture of a stone arrowhead, route number, and wording similar to "Tribal Road", chances are you may be in violation of tribal law if you are not following federal transport "Peacable Journey" laws by having your unloaded firearms in a locked case.

 

[notalawyer]

What you are quoting is a little off for the topic at hand. Remember reservations are "Sovereign Nations" within US/State borders. Although their laws may mimic current federal/state laws, there are many differences both subtle and/or striking. I doubt you will find anything regarding these laws posted online since each tribe and/or reservation has their own rules for tribal and non-tribal entities.
My information comes from the current tribal fish and game head, and a former tribal police chief.

Basically if you are on a paved state numbered highway or other paved roads, you should be fine. If you see a sign stating that it is a tribal roadway designated by a green reflective steel sign, with a picture of a stone arrowhead, route number, and wording similar to "Tribal Road", chances are you may be in violation of tribal law if you are not following federal transport "Peacable Journey" laws by having your unloaded firearms in a locked case.

You did not read (or at least comprehend) anything I posted.

Indians tribes do not have legal authority over non-Indians, period! At most they can kick you off their property for violating one of their rules, or arrest you for a violation of State law, or applicable federal law, (if a such authority has been granted by they state/feds) and then turn you over to local authorities for prosecution.

I also posted the jurisdiction for the five tribes in Wisconsin, four are under State criminal and civil jurisdiction, one is under Federal criminal jurisdiction, and State civil jurisdiction.

 

[Bradley]

You did not read (or at least comprehend) anything I posted.

Indians tribes do not have legal authority over non-Indians, period! At most they can kick you off their property for violating one of their rules, or arrest you for a violation of State law, or applicable federal law, (if a such authority has been granted by they state/feds) and then turn you over to local authorities for prosecution.

I also posted the jurisdiction for the five tribes in Wisconsin, four are under State criminal and civil jurisdiction, one is under Federal criminal jurisdiction, and State civil jurisdiction.

http://www.wisconsin.gov/state/core/wisconsin_native_american_tribes.html

There are 11 tribes in Wisconsin as stated in above cite.

Contact information for each one
http://witribes.wi.gov/docview.asp?docid=19085&locid=57

 

[notalawyer]

http://www.wisconsin.gov/state/core/wisconsin_native_american_tribes.html

There are 11 tribes in Wisconsin as stated in above cite.

Contact information for each one
http://witribes.wi.gov/docview.asp?docid=19085&locid=57

OK. There are 11, or possibly 12 (depending of whom you ask). Does not change any of the facts presented.

 

[Cobbersmom]

Don't know about any of the other tribes in Wisconsin, but in LdF just about all dirt track, off road, 4wd swamp crossings are public roads. Since tribes get gas tax money from the feds, not state, they have made the logging roads on tribal land public by claiming them. I bet a lot of others have too! As for LdF, I've seen the map! Might even have a copy....... The BIA would be the 'keepers of the records' when it comes to the roads; the nearest office in northern Wisconsin is in Ashland.

 

[LOERetired]

Gun in vehicle at casino where I work

Hi All

Here is another twist to the question at hand. I work as a Surveillance Agent at the Casino in Baraboo and wonder if I can Have my firearm in my vehicle while I'm working. The state has a statute allowing for the possesion of a firearm in my vehicle if I worked for a private company, does the Indian Tribal Nation allow the same. I looked online and cant find any tribal law allowing or disallowing a firearm in my vehicle while at work.

Any thing that is needed to know about traveling thru the Indian Resv in WI while carring? A friend from MI will be traveling thru the State on a mc.