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apostate wrote:I follow State law. Tribal courts generally have jurisdiction over tribe members only.
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.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.
Try them. They have some type of granted jurisdiction over you.... In NM , AZ, and UT anyway.ScottDLS wrote: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.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.
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?WTR wrote:ScottDLS wrote: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.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.
Try them. They have some type of granted jurisdiction over you.... In NM , AZ, and UT anyway.
You don't hear of non-Indians in tribal jail for a reason. Given a choice between that and a Mexican jail, I choose Mexican jail.ScottDLS wrote: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?WTR wrote:ScottDLS wrote: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.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.
Try them. They have some type of granted jurisdiction over you.... In NM , AZ, and UT anyway.
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.BBYC wrote:WTR: When was Oliphant v. Suquamish overturned? I missed that.
BBYC wrote:If you want to bash cops instead of discussing the law, both legislative and case law, count me out.
Who bashed Cops? I didn't see that anywhere.BBYC wrote:If you want to bash cops instead of discussing the law, both legislative and case law, count me out.
Right or wrong, I've just referenced them as another source for you to consider. Take it for what it's worth.Tribal Law only applies to those who live on the Reservation. If you are carrying a firearm with a permit/license that is valid in the state the reservation is located in that permit/license may not be valid on the Reservation. They will most likely take the firearm and tell you that you can go to Tribal Court to get it back. Some say as long as you stay on the state roads through a Reservation you are OK but some Tribes ordinances state you can’t carry a firearm in a vehicle or on the roads on their Reservation.
Handgunlaw.us recommends before carrying on any Reservation that you actually talk to those in charge and preferably get something in writing that your permit/license is valid on their reservation. Otherwise keep it unloaded and secured in your trunk or locked box in the back of a vehicle that does not have a trunk.
WTR wrote: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.BBYC wrote:WTR: When was Oliphant v. Suquamish overturned? I missed that.