Search found 5 matches

by ScottDLS
Thu Apr 26, 2018 8:03 pm
Forum: General Texas CHL Discussion
Topic: Carrying on reservations
Replies: 31
Views: 13562

Re: Carrying on reservations

tbrown wrote:
ScottDLS wrote:Well ain't no redskin gonna deprive this cowboy of his six shooter without a fight... :biggrinjester:

Serious question...are there any Indian Reservations or Tribal Lands in Texas? If not, how come? Why do only Sooners get tax free cigarettes and legal gambling? :???:
When they played Cowboys and Indians in Texas, the Cowboys won. :biggrinjester:

More seriously, the Indian Removal Act was passed in 1830 when Texas was still part of Mexico. Starting in 1831, the Choctaw were the first to be removed from their land and forcibly relocated West of the Mississippi River. The Cherokee were last in 1838 and Texas didn't become part of the USA until 1845.
I kind of thought that it was something like that. No federal treaties with Indian "Nations" existed for Texas since it wasn't part of the US...makes sense. No tax free cigarettes and casinos for Texas... :???:
by ScottDLS
Thu Apr 26, 2018 2:15 pm
Forum: General Texas CHL Discussion
Topic: Carrying on reservations
Replies: 31
Views: 13562

Re: Carrying on reservations

WTR wrote:I don't care how it eventually plays out. Know that the tribal Police can sure put a crimp in your day if you are doing anything they deam illegal. I have news for you. Some Tribal members do not like the white eye to begin with and they can ruin your day no matter what the final disposition is. So like it or not, they do wield power over anyone on tribal land
Well ain't no redskin gonna deprive this cowboy of his six shooter without a fight... :biggrinjester:

Serious question...are there any Indian Reservations or Tribal Lands in Texas? If not, how come? Why do only Sooners get tax free cigarettes and legal gambling? :???:
by ScottDLS
Thu Apr 26, 2018 1:30 pm
Forum: General Texas CHL Discussion
Topic: Carrying on reservations
Replies: 31
Views: 13562

Re: Carrying on reservations

WTR wrote:
BBYC wrote:WTR: When was Oliphant v. Suquamish overturned? I missed that. :confused5
They may not be able to Put you in prison but they sure will detain you. I have personally seen people detained and forfit their vehicles due to illegal hunting on tribal land, could be the State or the Feds have the final say, but don't think for a second that the tribal police won't throw you in cuffs.

As I stated they have significant civil power, though a permanent seizure of property or indefinite detention would definitely be subject to challenge in Federal court. In essence tribal courts ARE federal courts with criminal jurisdiction of tribe members (and reservation residents to some extent). But, Tribal officials' power over non-Indians comes from Federal statute. If you aren't breaking a federal or state criminal law, you are not subject to criminal prosecution.
by ScottDLS
Thu Apr 26, 2018 10:35 am
Forum: General Texas CHL Discussion
Topic: Carrying on reservations
Replies: 31
Views: 13562

Re: Carrying on reservations

WTR wrote:
ScottDLS wrote:
WTR wrote:
apostate wrote:I follow State law. Tribal courts generally have jurisdiction over tribe members only.

WRONG. You go kill an Elk on tribal land and you will see who has jurisdiction..... Same for up holding order in a tribal building ( casino, restaurant ). Or if they may issue a ticket on a Federal highway running through the reservation. That being said I have had some type of firearm with me 100% of the time as I have travel through various reservation. I have stopped for fuel, use the RE or stop to buy a hunting license on many reservations...... Never had a problem.
Tribal Nations have no CRIMINAL authority over non-Indians (actually non-tribe members). This is long standing SCOTUS interpretation of Federal law. They have considerable civil jurisdiction though, perhaps to include seizing your firearm, vehicle, and perhaps even to detain you for a period of time. However, if you are carrying a firearm in accordance with Federal and State law, you can not be criminally sanctioned for such on Indian land if you're a non-Indian. Many states grant tribal police State jurisdiction as peace officers that allow them to charge non-Indians or Indians under state criminal law.

Try them. They have some type of granted jurisdiction over you.... In NM , AZ, and UT anyway.
Yes, State jurisdiction, as I said. If you are carrying IAW state and federal law they cannot charge you with a crime. Hear of any non-Indians in tribal jail?
by ScottDLS
Thu Apr 26, 2018 10:22 am
Forum: General Texas CHL Discussion
Topic: Carrying on reservations
Replies: 31
Views: 13562

Re: Carrying on reservations

WTR wrote:
apostate wrote:I follow State law. Tribal courts generally have jurisdiction over tribe members only.

WRONG. You go kill an Elk on tribal land and you will see who has jurisdiction..... Same for up holding order in a tribal building ( casino, restaurant ). Or if they may issue a ticket on a Federal highway running through the reservation. That being said I have had some type of firearm with me 100% of the time as I have travel through various reservation. I have stopped for fuel, use the RE or stop to buy a hunting license on many reservations...... Never had a problem.
Tribal Nations have no CRIMINAL authority over non-Indians (actually non-tribe members). This is long standing SCOTUS interpretation of Federal law. They have considerable civil jurisdiction though, perhaps to include seizing your firearm, vehicle, and perhaps even to detain you for a period of time. However, if you are carrying a firearm in accordance with Federal and State law, you can not be criminally sanctioned for such on Indian land if you're a non-Indian. Many states grant tribal police State jurisdiction as peace officers that allow them to charge non-Indians or Indians under state criminal law.

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