Indian Reservation Carry

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papajohn1964
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Indian Reservation Carry

Post by papajohn1964 »

I'm heading to Eagle Pass tomorrow to do some work in the casino there. Can I carry on the reservation?
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RPB
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Re: Indian Reservation Carry

Post by RPB »

in the casino ?

I don't know ananswer, I also wonder about TABC authority in other nations
I'm no lawyer

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papajohn1964
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Re: Indian Reservation Carry

Post by papajohn1964 »

Not necessarily in the Casino, but on reservation property.
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AEA
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Re: Indian Reservation Carry

Post by AEA »

I'm going out on a limb here and saying "NO" on Indian Reservation Property.

I have no reference to cite, but I sure remember this being the case on all Indian Lands.

Hopefully someone will come along to confirm this for you and cite some authority.
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RottenApple
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Re: Indian Reservation Carry

Post by RottenApple »

I believe it depends on the rules set by a particular tribe/reservation. According to handgunlaw.us:
Texas
Ysleta Del Sur Pueblo
Section 4.4.20. Caring a Prohibited Weapon.
A person commits the civil infraction of Carrying a Prohibited Weapon if he bears or carries on or about his person; (A) an illegal knife; or
(B) firearm or airgun (when used illegally); or
(C) other dangerous weapons as defined.
The Alguacil or any member of the Tribal Police force may, upon probable cause, confiscate the weapon from any person who violates
this section.
4.4.21. Exceptions.
No person may bear or carry a firearm on the Reservation of Ysleta del Sur Pueblo except the following authorized persons with a lawful permit issued by the Tribal Council or such other authority designated by it, or by written permit or other authority of the United States:
1. The Alguacil (Tribal Sheriff) when performing official duties; or
2. a member of the Tribal Law Enforcement; or
3. any other law enforcement officer when performing official duties; or
4. any security personnel under contract with the Tribe; or
5. the proper participants in a tribal religious activity may carry a firearm with the proper background investigation; or
6. any person living on the Reservation may possess a weapon within such persons residence; or
7. any person may bear or carry on his person a firearm when transporting a weapon to or from his residence.
4.4.22. Civil Penalty.
An infraction committed under this section is a:
Class B infraction unless committed under subsection b in which case it becomes a Class A infraction. The weapon involved when the violation was committed is subject to forfeiture by the Court to the Tribe.
It doesn't say anything about the Kickapoo (which, I believe, is the tribe around Eagle Pass), but that doesn't mean much. They may have no policy, or just not have it online.
wgoforth
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Re: Indian Reservation Carry

Post by wgoforth »

If you are driving on US highways on the Navajo Rez and Navajo police pull you over, they will confiscate any gun not having bill of sale. Don't know about TX rez, but my experience in dealing with tribes is that they have all been opposed to having guns on tribal lands.
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threoh8
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Re: Indian Reservation Carry

Post by threoh8 »

wgoforth wrote:If you are driving on US highways on the Navajo Rez and Navajo police pull you over, they will confiscate any gun not having bill of sale.
Does FOPA apply when travelling through reservations on federal highways (firearms unloaded, locked in the trunk, etc.)?
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Re: Indian Reservation Carry

Post by Andrew »

I'm not sure about Federal roads, but don't go a landfill. Lost a Single 6 at the Pima Res landfill out side of Scottsdale.
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couzin
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Re: Indian Reservation Carry

Post by couzin »

TxLobo wrote:...and then release you with out charges to a local (Non-Res) police authority.
There are no reservation lands in Oklahoma. Only Trust lands. I have asked OK concealed carry folks in a written letter about tribal authority but they could not provide an answer.
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Re: Indian Reservation Carry

Post by TexasLookout »

I did see the information you are looking for. http://www.handgunlaw.us/states/usa.pdf" onclick="window.open(this.href);return false;
papajohn1964
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Re: Indian Reservation Carry

Post by papajohn1964 »

Thanks for all of the replies. I still can not find anything specific to Kickapoo. I have been hiding the Glock in the hotel room during the day. I may try to stop by their PD on our last day here and ask the about it.
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threoh8
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Re: Indian Reservation Carry

Post by threoh8 »

papajohn1964 wrote:Thanks for all of the replies. I still can not find anything specific to Kickapoo. I have been hiding the Glock in the hotel room during the day. I may try to stop by their PD on our last day here and ask the about it.
1. I would ask from outside their jurisdiction.
2. Police often do not know the specifics of every law we ask them to enforce.
3. Whatever you are told there will not give you a defense.
4. I'd research the written law, then look for case law.
5. Maybe they have a visitor guide online that mentions such things.
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saltydog452
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Re: Indian Reservation Carry

Post by saltydog452 »

We spend some time on the Nations Tollway in the OK state.

What customs, or how they are interpeted, local prohibitions regarding firearms and alcohol in each 'Nation' could get confusing. My impression is that the Creek Nation can have a different set of standards than the Cherokee Nation as well as other entities.

I 'think' that as long as you are on a public highway OK State laws are in effect. When you get off the US Highway onto Tribal Land, it is a different set of rules.

Me, I carry concealed and do not leave a firearm in the vehicle whenever I bed down at a
motel or Casino Hotel. That might be illegal, but I try not to be foolish.

salty
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