NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: omaharj on October 03, 2010, 07:43:12 PM
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For that matter, any reservation? Back east there are somewhat militant Nations (Seneca comes to mind) that consider themselves sovereign states. They can (and do) exert considerable legal authority. Anybody know the scoop on the local tribal reactions to carrying weapons on Indian land? RJ
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Native America Reservations/Lands
Carry on Reservations is up to the Tribe and its Ordinances/laws. They fall outside the state laws on carrying firearms. Even a permit/license issued by the state is not valid on Reservations unless the Tribe OK?s it. It is very difficult to find out what their Ordinances/laws are on carrying firearms. Check with the Reservation Police/Government before carrying a firearm onto a Reservation. Also be aware that Reservations are not marked that well and you can be well onto a Reservation before you know it.
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Link to more.
http://www.handgunlaw.us/documents/tribal_law_ccw.pdf
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]
3-738 Aggravated weapons offense.
1. Except as provided in subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his/her
person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or any other deadly weapon, or threatens to use or exhibit the deadly weapon in a dangerous and threatening manner, or use a deadly weapon in a fight or quarrel commits the offense of carrying concealed weapons.
2. It shall be an affirmative defense that the defendant was engaged in any lawful business, calling or employment at the time he/she
was carrying any weapon or weapons, and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons, for the defense of his/her person, property or family.
3. Aggravated weapon offense is a Class I offense. [TCR 86-79]
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So, if the Reservation is a sovereign nation, does that mean that residents of Winnebago cannot qualify for a Nebraska Concealed Handgun Permit?
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Wow, good post and question, I've never even considered this until you just mentioned it. Good thing I dont often travel through any reservations as I might've not even given it a second thought.
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There are three sovereign entities involved:The Tribe, the State, and the United States.
Tribes do not have criminal jurisdiction over non-Indians. Non-natives are subject to state law as if the reservation didn't exist. Federal jurisdiction arises in certain circumstances. There are some BIA/Tribal officers that are cross-deputized with the State, and vise-versa. There are some situations that are peculiar to the specific reservation you are on.
The statute cited above was written prior to the CHL law in Nebraska, and most of the Tribe's statues are adopted from the Nebraska Revised Statutes, but not all.
Tribal members are residents of both the Tribe and the State.
As a general rule, you would be treated as you would elsewhere in the state.
I can try to answer any further specific questions.
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I talked to the Rosebud Reservation recently and was told there was no problem with a Nebraska permit as long as it continued to be recognized by South Dakota.
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Thanks Sotex & ghknives. This helps me understand things I never knew.