While waiting response from the Tribe on my inquiry, though I would let the forum chime in. As written in this Tribe code below: Am I legal to CCW on Tribal Land?

Note: currently not carrying on Tribal land until their clarification is final. They are researching the context in which it was written, and to whom it was written.

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Ordinance 49 (Law & Order Code)
TRIBAL OFFENSES
TITLE III

Part 12 - Weapons Offenses

3.12.1. CARRYING CONCEALED WEAPON.
1. A person commits the offense of carrying a concealed weapon by knowingly carrying or bearing a
dirk, dagger, pistol, revolver, slingshot, sword cane, billy club, knuckles made of any metal or
other hard substance, knife having a blade at least 4 inches long, non-safety type razor, or any
other deadly weapon which is wholly or partially covered by the clothing or wearing apparel of the
person carrying the weapon, or is carried any place within the occupant compartment of a motor
vehicle.
2. Subsection (1) does not apply to:
a. any law enforcement officer;
b. a person authorized by a judge of the Tribal Court to carry a concealed weapon;
c. a person permitted under state and tribal law to carry a concealed weapon; or
d. the carrying of arms on one's own premises or at one's home or place of business.
3. Carrying a concealed weapon is a Class C offense.

3.12.5 Carrying handgun in occupant compartment of motor vehicle.
1. A person commits an offense under this section if he or she knowingly carries or bears a handgun,
pistol or revolver in any location within the occupant compartment of a motor vehicle.
2. the occupant compartment of a motor vehicle includes any place within a motor vehicle that is
accessible from the driver or passenger seats, including any glove or utility compartment, but does
not include a trunk that is not accessible to the occupant compartment.
3. Subsection (1) shall not apply to:
a. any law enforcement officer;
b. a person permitted under tribal or state law to carry a concealed weapon.
4. Carrying a handgun in occupant compartment of a motor vehicle is a Class C offense.

This question came up a few times on another forum. I can't/won't speak for all tribal lands, but for those in CT, the answer is NO!

CT Tribal Land is considered a "sovereign nation" like you were visiting Venezuela or Spain, and thus state laws don't apply. I've read their law and it basically says that you can ONLY bring guns on their land WITH THEIR PERMISSION. It is my understanding that one will never get permission to do so (I don't think that there is any hunting on the land in CT, it's all being used for hotels, casinos, shopping malls and parking).

Perhaps in other parts of the US, the tribal rules may be a bit more lenient??

I've worked on several reservations in the west, and the definitive answer is "it depends".

The tribe cannot prosecute you under tribal law if you're not a tribal member. They can detain you until the Sheriff's office arrives, then turn you over. If you're legal under state law, then the Sheriff will probably escort you off the rez and send you on your merry way.

There is a slender possibility the friendly neighborhood FBI could charge you, but I've been working on various reservations for a long time, and I've never seen it. We're limited to a specified list of felonies, which can be stretched slightly under the Assimilated Crimes Act, but we don't charge misdemeanors.

This, of course, may not apply to whatever reservation you're talking about. Many eastern tribes have adopted Public Law 280 which gives the county jurisdiction on the reservation.

Like most things, its not a problem unless you get caught. I would advise against it - just because they're not supposed to doesn't mean the tribal cops won't throw you in the tribal jail for a weekend of fun and bonding.

Would it be considered cheating to let us in on what state and tribe this is?

Should depend on your state law if they have exceptions. In MN, yes you can.

JBONES, you don't say what your qualifications to carry are. I assume you have a permit from the state within which the rez is located, and that is the basis of your question.

Your quote of tribal law says, "c. a person permitted under state and tribal law to carry a concealed weapon;" Since it says "and" I think it means "and," and hence the tribe would need to approve you in addition to the state.

Interesting that they are thinking about it though, rather than just a flat out rejection.

If they say "no," I suggest you ask how you could be qualified. See where it goes. (If it goes at all..)

quote:

Originally posted by OKFC05:
Would it be considered cheating to let us in on what state and tribe this is?

+1

quote:

Originally posted by OKFC05:
Would it be considered cheating to let us in on what state and tribe this is?

Washington State. I won’t mention the Tribe out of respect for them, as all I have spoken with on behalf of, or from the Tribe on this matter have been truly professional and concerned. I don’t want to send the wrong signal, as I’m not challenging them, but only inquiring. I am a WA state CCW permit holder.

They have no procedures in place to issue permits on reservation lands, so when this ordinance was written it may have been on over sight. As other’s have mentioned the land is considered a sovereign Nation, so what ever they determine is cool with me. It’s just that there are many retail stores, WALMART, HOMEDEPOT etc. in the commercial part of the reservation that I like to patron and didn’t want to run home to drop off and pick up Pistol every time I had to go to one of the retail establishments. I’m not carrying on the land now, I don’t want to be the one putting the ordinance to the test in court, never been in jail and don’t plan to start. Again I respect their laws and plan to remain a legal & proper CCW holder.

If you notice:
3.12.1. CARRYING CONCEALED WEAPON.
2. Subsection (1) does not apply to:
c. a person permitted under state and tribal law to carry a concealed weapon;

3.12.5 Carrying handgun in occupant compartment of motor vehicle.
3. Subsection (1) shall not apply to:
b. a person permitted under tribal or state law to carry a concealed weapon.

The and, or in the two paragraphs is the confusing part. 3.1.2.1 would suggest you need both state CCW card and tribe permission, were 3.1.2.5 would read you only need state CCW card.

It would be great if they decide their ordinance was written with state holders in mind. I would be happy to apply for a second permit to cover me on reservation land if they went that route. It’s all up to them; I just patiently sit and await their call back.

I would hope that you can convince them to change the wording of 3.1.2.1.2(c) to "a person permitted under state OR tribal law to carry a concealed weapon".

Then both sections of the law are consistent and there is MUCH less hassle for all involved, including other Washington licensees.

quote:

Originally posted by Wyatt Earp:
I would hope that you can convince them to change the wording of 3.1.2.1.2(c) to "a person permitted under state OR tribal law to carry a concealed weapon".

Then both sections of the law are consistent and there is MUCH less hassle for all involved, including other Washington licensees.

Yes I agree! That would be the optimal conclusion. One other Tribe in the area ordinance reads "or" and honors non-Tribal members like myself on the resevation with State CCW permit. Of course the Casino's are still off limit's, but thats federal law I beleive.

quote:

Originally posted by JBONES:
Of course the Casino's are still off limit's, but thats federal law I beleive.

No such Federal law. It's either state or tribal law. State law in Indiana.

quote:

Originally posted by Wyatt Earp:

quote:

Originally posted by JBONES:
Of course the Casino's are still off limit's, but thats federal law I beleive.

No such Federal law. It's either state or tribal law. State law in Indiana.

I was sure I read that somewhere on the ATF site, or some other Fed Site. You may be right, I may have seen in WA law. I'll start looking again. But not really a concern, I never go to the casinos other than to hit the Buffet. If it's not a law, may be it should be, to many angry drinkers there losing their money to be carrying a gun.

The drinking and carrying laws will cover that. You are obviously a student JBONES, I hope you stick around.

quote:

Originally posted by flop-shank:
The drinking and carrying laws will cover that. You are obviously a student JBONES, I hope you stick around.

I am very aware that 1-part booze and 1-part gun not mixing well and the laws governing. No Student, just attempting a joke. But thank you for making me feel like a young student, after 23 years, and one more to go in the Navy I don't feel so young.

Not sure about carrying but if you want to sell a gun on tribal land you can't take cash...you can only trade it for whiskey.