Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and
misinformation surrounding various areas of the gun world.
I'm your host Adam Kraut and today we are talking about Indian Reservations.
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There are about 326 Indian Reservations found in 25 states, with the majority being located
in California.
Approximately 56.2 million acres are held in trust by the United States for various
Indian tribes.
Now you may be asking, Adam, why are we discussing Indian Reservations on this show?
Well, it's actually an important subject to cover, since a lot of times you are able to
hike, camp, fish, pursue other outdoor activities on them, and even gamble in a good old fashion
Indian casino.
The Constitution gives the Legislative Branch the power over Indian Affairs, meaning that
states have no authority over tribal governments unless expressly authorized by Congress.
This means that federally recognized tribes generally are not subordinate to states and
can have a government-to-government relationship with them.
These federally recognized tribes possess both the right and authority to regulate activities
on their lands, independent from state government control.
This means that they can enact and enforce stricter or more lenient laws and regulations
than those of the surrounding state where they are located.
This also means that there is no uniformity between the different reservations, so essentially,
it is like traveling to another state that has different laws.
Which then begs the question, what is the authority of Tribal Courts over individuals
who are non-Indians?
Generally, tribal courts have civil jurisdiction over Indians and non-Indians who either reside
or do business on federal Indian reservations.
They also have criminal jurisdiction over violations of tribal laws committed by tribal
members residing or doing business on the reservation.
In 1978, the Supreme Court in Oliphant v. Suquamish Indian Tribe declared that "Indian
tribes do not have inherent jurisdiction to try and to punish non-Indians."
As such, for criminal matters, tribal courts do not have the jurisdiction to prosecute
a non-Indian.
That does not mean that you cannot be arrested, detained, have your property confiscated,
be ejected from their land, etc., while a tribe attempts to ascertain your status as
a non-Indian.
Further, the tribe could turn you over to local law enforcement.
But Adam, you said the tribe doesn't have criminal jurisdiction over non-Indians, so
how can they lawfully seize my property and not return it?
Good question.
Technically it would be an unlawful seizure.
And depending upon how that tribe has elected to structure its court system, either its
own tribal courts or having turned over enforcement to the state, you may have some options.
All said and done, you're probably going to spend more time and money than it's worth,
so it's better to just avoid the situation up front.
It's also worth noting that Indian tribes enjoy sovereign immunity, so you can't sue
them.
However, you can take comfort knowing that you can't spend years in prison on an Indian
Reservation.
As with everything, the best thing to do is to find out what the laws are in that area.
I've included a link to the National Indian Law Library search.
You'll want to search for terms like "weapon" or "firearm" and the name of the tribe whose
land you'll be on.
You can also look for the tribe's website to find information there.
Honestly, that's probably the easiest way to find the answer.
If you are unable to find the answer, submit a request and ask for a response in writing.
It's the best way to cover your butt.
While obviously not bulletproof, it's better than rolling the dice.
Let's try an example.
I'm planning on going on a backpacking trip to Havasupai Falls, which is located in Arizona.
I'm hoping to plan anyway.
Place looks awesome.
Anyway, my license to carry is recognized in Arizona as a valid permit.
If I wanted to take my firearm with me while backpacking in Arizona, I'd be allowed to
do so, assuming I'm not breaking any of Arizona's laws.
However, if I wanted to take my firearm with me onto the land of Havasupai Tribe, I'd be
breaking their tribal law.
How do I know this?
A google search of their tribe lead me to their website.
Their website under the information tab clearly states that it is illegal to possess weapons
on their land.
Let's do another one.
On the lands of the Confederated Tribes of Confederated Salish and Kootenai Tribes, their
law states that a person commits the offense of carrying a concealed weapon by knowingly
carrying or bearing, among other things, a pistol or revolver, that is wholly or partially
covered by their clothing.
However, their law has an exemption written into it that if a person is permitted under
state law to carry a concealed weapon, it is not unlawful for them to do so on the tribe's
land.
How do I know this?
Again, a google search led me to the Tribe's website where the code is published.
As always, if you are unsure, ask for a response in writing.
Lastly, for those traveling through or stopping while passing through Indian Reservations,
you'll again want to ensure you're complying with the reservations rules.
There are some nuances as -to who owns roadways, etc.
Obviously this translates into a large task (depending upon how many you are traveling
through), so you'll want to prepare ahead of time.
The easiest way to explain it is treat traveling to a reservation as if you're traveling to
another state.
Research their laws to ensure you are in compliance with them.
As you can see there is no blanket answer for Indian Reservations.
Since they each maintain sovereignty, it is like having a lot of little countries or states
to travel through.
How many of you guys have been on reservations and didn't know this?
Let me know down in the comments.
If you found this information valuable be sure to share it with your friends.
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make that happen.
Be sure to ring that bell so you don't miss an episode.
Check out my website adamkraut.com.
And as always thanks for watching!
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