Concealed carry in Omaha Indian Reservation??

[pianoman]

Just wondered if anyone on the boards here has any information on the Omaha Indian Reservation up near Macy.  I need to spend a day there, mostly outdoors.  Handgunlaw.us doesn't have any information on the Omaha Tribe and other web searches don't seem to return anything that jumps out at me. 

Does anyone know the friendliness/unfriendliness to CCW up there?

Thanks.

[pianoman]

I think I may have just found my answer on the Omaha Tribal code I just located.  For everyone's information, here it is.

http://omaha-nsn.gov/tribe/tribal-law/

Page 45 - http://omaha-nsn.gov/wp-content/uploads/2013/08/Title-05-Crimes.pdf
Title 05 Crimes
SECTION 5-4-97. Weapons Offense.
   (a) A person shall be guilty of weapons offense if:
        ...
        (3) he carries a loaded firearm in a vehicle on a public road without lawful authority to do so;

SECTION 5-4-98. Aggravated Weapons.
   (a) A person is guilty of aggravated weapons offense if:
        (1) he carries a dangerous weapon concealed on his person;

 

[Gary]

I think I read somewhere, no weapons, concealed or otherwise at any Nebraska reservations.

[greg58]

But does tribal law apply or does state law apply?
If you have a NE CHP you may be fine, hopefully LB430 would protect you.

Greg58

[AWick]

This would be a good question for the State Attorney General. I couldn't find anything in the NE Code for my quick search but did find the following:

Nebraska
Ponca Tribe
Section 1-9-2. Provisions. (Statutes No Longer Available Online)
1. The Ponca Tribe of Nebraska strictly prohibits any firearms, licensed or unlicensed, or other deadly weapons on or in any public
Ponca Tribe of Nebraska building, facilities, or vehicles.
2. The Ponca Tribe of Nebraska reserves the right to inspect any person as well as any articles and property in any person’s
possession to detect firearms or other weapons.
3. Any gun, deadly weapon, or dangerous instrument on or in the Ponca Tribe of Nebraska owned or leased premises,
facilities, or vehicles may be confiscated.
4. Nothing in this Chapter shall be construed to prohibit the Ponca Tribe game-keeper or other individual specifically identified by
the Tribal Council from maintaining firearms or other deadly weapons on tribal property for the purpose of maintaining the
Tribe’s buffalo herd or other game keeping duties.
5. Violation of this policy shall result in loss of services, being banned from the Ponca Tribe of Nebraska premises, facilities, and
vehicles for a time period set by the Ponca Tribe of Nebraska Tribal Council; and shall further result in the possible referral to
appropriate law enforcement agencies for possible criminal charges.

Winnebago Tribe
3-737 Weapons offense.
1. It shall be unlawful to:
A. Have a dangerous weapon in ones actual possession while being addicted to any narcotic drug; or after having been declared
mentally incompetent; or while being intoxicated or otherwise under the influence of alcoholic beverages or other intoxicating
substance, drug, or medicine; or while possessing the intent to unlawfully assault another; or while under the age of sixteen years
and without the consent of ones parent or guardian.
B. Carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm
from a motor vehicle without lawful authority to do so, or to discharge a firearm from upon or across any public highway
without lawful authority to do so.
2. This provision does not apply to the issuance of firearms to peace officers or temporary loan of pistols, revolvers, or any rifles for
instruction under the immediate supervision of a parent or guardian or adult instructor.
3 Weapons offense is a Class III offense. [TCR 86-79, 89-87]

The Federal government granted certain authority to states to set laws that apply to reservations, but I feel like that is another example of the lacking understanding between Tribes, the Feds and States. I think that you would be better off treating a reservation about as gun friendly as Illinois.

On a side note, have they figured out yet if Pender is inside the reservation or not? I mean it has only been 129 years...

[Chris Z]

This is a very unknown topic.......... One of the absolute last things you should do is ask a Police Officer to define a law for you, and I would not recommend asking them usually.

What I am posting here should not be construed as legal advice....... I happened to be in a class a couple years ago with a Police Officer who works on an Indian Reservation in Nebraska....... We had a discussion about this, and here was his response to me:

    *****************************************************

Essentially, non-Native persons are subject to State law on the reservation.  Tribal law is only applicable to Native Americans while they are within the exterior boundaries of the reservation.  I cannot speak for other tribes, but the vast majority of the Winnebago Tribal Code directly correlates to the Nebraska Revised Statutes.  Now, all persons are subject to Federal laws that are applicable.

Bear in mind that this applies to criminal law...civil jurisdictions can cross boundaries both ways.

In a nutshell, if  the individual is not Native American, then he is subject to the laws of the State of Nebraska.  For example, if I arrest a Native person, he is arraigned in Tribal court.  If I arrest a non-Native, he is transported to the  County jail and arraigned in County Court. (I am Cross Deputized)  If one of our officers who is not cross-deputized come across a non-Native who needs a citation/arrest, they will contact one of us who is (if we happen to be on-duty), or the Sheriffs Office or NSP will respond.

I suppose that that was a long-winded way to say "It's not an issue!"

[Kendahl]

If I arrest a non-Native, he is transported to the  County jail and arraigned in County Court.

Why not sent a letter to the prosecutor in the appropriate county that explains who you are and what you plan to do and asks if it is legal? If his reply indicates that it is legal, take it with you in case you encounter a cop who thinks otherwise.

[DaveB]

Already posted

[Chris Z]

Why not sent a letter to the prosecutor in the appropriate county that explains who you are and what you plan to do and asks if it is legal? If his reply indicates that it is legal, take it with you in case you encounter a cop who thinks otherwise.

If someone does this and actually gets a response from a Prosecutor, I would like to see it. Most Prosecutors will avoid this conversation period, and they will not give legal advice to citizens