Indian reservation silencer laws
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Indian reservation silencer laws
Do Indian reservation follow their own state laws or do they have another system as far as NFA goes. I have an uncle that lives on a reservation and was looking to buy a trident. Who would approve the form 4 if he didn't go trust?
Putting the laughter in manslaughter
Re: Indian reservation silencer laws
YugoRPK wrote:Do Indian reservation follow their own state laws or do they have another system as far as NFA goes. I have an uncle that lives on a reservation and was looking to buy a trident. Who would approve the form 4 if he didn't go trust?
Gonna have to get right on the peace pipe.
my uncle in-law is a reservation police officer and I was talking to him about this a while back and he had said that the local police chief for the reservation police can usually point someone in the right direction and most of the time they make you use the county sheriff. I think the state still has the say yes or no as far as state laws are concerned even though it is on a "sovereign nation," so say you live in kommie-fornia and your reservation says yes on silencer's, state law still trumps the reservation law.
In AZ, the Rez law is different than the state law "That Soverign nation stuff" - applys to NFA, CCW etc - they are honoring the drive thru on hwy without hassle but don't turn off the road and not expect to be hassled.
I took a LE class and the college is on Rez land and we couldn't bring our own weapons had to use the S&W Model 10's the college provided.
I took a LE class and the college is on Rez land and we couldn't bring our own weapons had to use the S&W Model 10's the college provided.
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HammerToeJohnson
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Illuminated_one
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studd_one2000
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I live here on a Rez in Arizona and im Native. The laws differ from rez to rez regarding weapons/silencers as each tribe is considered a sovern nation onto it self. For instance i work on a rez where the only person/s allowed to carry firearms are law enforcement, but class 2/3 owners are mandated by federal laws, and indian reservations ultimately fall under federal laws and guide lines! And according to ATF if your reservation falls within a state that prohibits silencers you need to move! lol.
As far as a "Sign off" usually a tribal police chief will send you to the police chief of a jurisdiction you reside in, or he could do it himself. Seen it done both ways.
As far as a "Sign off" usually a tribal police chief will send you to the police chief of a jurisdiction you reside in, or he could do it himself. Seen it done both ways.
Last edited by studd_one2000 on Thu Jun 18, 2009 12:20 pm, edited 1 time in total.
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delmccormick
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In MT, if you are non-Indian, then you fall under state laws, even if you live in the boundary of the Rez. So you would go to the Sherriff, same as usual. If you are Indian, then you fall under tribal/federal laws.
Used to live on a Rez. Weird how different laws apply based on skin color. The tribal police would pull me over for speeding or whatnot, and then I roll down the window, we say "Hi" to each other, then I leave since no jurisdiction. One time they set up a roadblock on the interstate diverting traffic down into an offramp (yes, really). Pull up to our turn in line, BIA cop comes up, asks if everyone in the car is white, I say yes, then he tells us we are free to go.
Used to live on a Rez. Weird how different laws apply based on skin color. The tribal police would pull me over for speeding or whatnot, and then I roll down the window, we say "Hi" to each other, then I leave since no jurisdiction. One time they set up a roadblock on the interstate diverting traffic down into an offramp (yes, really). Pull up to our turn in line, BIA cop comes up, asks if everyone in the car is white, I say yes, then he tells us we are free to go.
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studd_one2000
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delm- is somewhat right to a certain extent.
Most common misconception of non-natives is that Tribal Police do not have jurisdiction over them and this is definately not the case.
If the Tribal Police officer is a "State Certified" officer, he does have the same arrest powers as any police officer in that State, meaning he could site you into the local magistrate (off the rez)that the offense occurred in and he can charge you for both misdemeaner/felony offenses. This is the case even if the offense occured on a Reservation! This also means that the Tribal Officer who is "State Certified" can stop and take action(arrest/traffic tickets/warrants/etc.) off the Reservation as well.
The only thing to keep in mind is that "Tribal Courts" would not have Jurisdiction over a non-native in a "Criminal Proceedings". If a non-native commits a crime against a native american or a native establishment "on a Reservation" the case will be heard in a Federal Court.
Now if the Tribal Police officer does not hold a State Certification he would not have powers to enforce State Laws/Statues against a non-native. But be keep in mind that he could call someone on his shift, that is state certified, to take over his scene. LOL!
How do i know? Worked 13 years on two different reservations as a Tribal Police Sergeant .
Most common misconception of non-natives is that Tribal Police do not have jurisdiction over them and this is definately not the case.
If the Tribal Police officer is a "State Certified" officer, he does have the same arrest powers as any police officer in that State, meaning he could site you into the local magistrate (off the rez)that the offense occurred in and he can charge you for both misdemeaner/felony offenses. This is the case even if the offense occured on a Reservation! This also means that the Tribal Officer who is "State Certified" can stop and take action(arrest/traffic tickets/warrants/etc.) off the Reservation as well.
The only thing to keep in mind is that "Tribal Courts" would not have Jurisdiction over a non-native in a "Criminal Proceedings". If a non-native commits a crime against a native american or a native establishment "on a Reservation" the case will be heard in a Federal Court.
Now if the Tribal Police officer does not hold a State Certification he would not have powers to enforce State Laws/Statues against a non-native. But be keep in mind that he could call someone on his shift, that is state certified, to take over his scene. LOL!
How do i know? Worked 13 years on two different reservations as a Tribal Police Sergeant .
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delmccormick
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On the rez I was on, the tribal cops were not even firearms certified by the BIA (that didn't stop them from carrying however). To be a tribal cop, you just had to be related to someone in the ruling clan.
The law enforcement was completely segregated. The Highway Patrol didn't even really patrol the interstate there (yes, for real) as they were unable to cite Indians, and the rez bordered another state, so they basically just turned around at the rez border.
What you are saying makes sense, but in the area I was in, there was no cooperation, except in the very most extreme cases (white guy commits a murder, so tribal cops hold him until somebody who could arrest him gets there.)
The law enforcement was completely segregated. The Highway Patrol didn't even really patrol the interstate there (yes, for real) as they were unable to cite Indians, and the rez bordered another state, so they basically just turned around at the rez border.
What you are saying makes sense, but in the area I was in, there was no cooperation, except in the very most extreme cases (white guy commits a murder, so tribal cops hold him until somebody who could arrest him gets there.)
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studd_one2000
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Yeah regarding firearms that is sometimes the case, all you need is a tribal commission card from the Tribe (even as a new hire) which allows to you enforce tribal laws and carry a gun without attending any L.E. academy. Thats how i actually started. Again laws vary from rez to rez and here in Arizona Highway Patrol officers are allowed to patrol the major highways on the rez and because they have a commission card from the tribe they can cite and arrest natives. Its up to Tribal governments if they want state authorities to help patrol their area. I've even seen Temporary Tribal Commission Cards issued local Departments to them to help Patrol Tribal Events or Concerts. Yeah anything that that involves a homicide falls under the Major Crimes Act where the F.B.I. would usually get involved.
Think we got off the subject here guys but just trying to shed some light on class 2/3 items while on an indian reservation or traveling through it. But owning a class 2/3 item on a reservation for the most part is legal as long as your rez is not located were a State prohibits them. At least thats what i have been told by ATF agent. But for all i know there may be a rez out there that prohibits them all together and u should check ahead of time before your silencer gets seized, jus like california! lol.
Think we got off the subject here guys but just trying to shed some light on class 2/3 items while on an indian reservation or traveling through it. But owning a class 2/3 item on a reservation for the most part is legal as long as your rez is not located were a State prohibits them. At least thats what i have been told by ATF agent. But for all i know there may be a rez out there that prohibits them all together and u should check ahead of time before your silencer gets seized, jus like california! lol.
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hs338lapua
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Re: Indian reservation silencer laws
Hi all,PM kisan status
Navigating the complexities of silencer laws on Indian reservations—a legal landscape that demands attention and understanding. How do these regulations intersect with broader gun control discussions? Share your insights or experiences on the intricacies of these laws. It's crucial to explore the nuances and implications, fostering a nuanced conversation about the intersection of legal frameworks, cultural considerations, and the broader dialogue surrounding firearms. Let's unravel the layers and engage in a thoughtful exchange.
Navigating the complexities of silencer laws on Indian reservations—a legal landscape that demands attention and understanding. How do these regulations intersect with broader gun control discussions? Share your insights or experiences on the intricacies of these laws. It's crucial to explore the nuances and implications, fostering a nuanced conversation about the intersection of legal frameworks, cultural considerations, and the broader dialogue surrounding firearms. Let's unravel the layers and engage in a thoughtful exchange.