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View Full Version : CA AW question for our legal eagles...


badicedog
07-20-2009, 1:51 PM
Do CA Assault weapons laws apply in Federal Indian Reservation land? As I understand, local, county and state LEO do not have jurisdiction only Federal LEO. My question, are we subject to CA AW laws while on Federal land? Thanks in advance, I used search but no luck.

Big Jake
07-20-2009, 1:58 PM
The answer is no! Indian land is literally another country, however, most indian reservations enact laws that are in line with the state that they are in so odds are the indian law is the same.

You would have to contact the reservation police to find out for sure!

BONECUTTER
07-20-2009, 2:28 PM
This is an interesting read:

http://ag.ca.gov/opinions/pdfs/04-1202.pdf

The Court has consistently recognized that Indian tribes retain ‘attributes of sovereignty over both their members and their territory,’ United States v. Mazurie, 419 U.S. 544, 557 (1975), and that ‘tribal sovereignty is dependent on, and subordinate to, only the Federal Government, not the States,’ Washington v. Confederated Tribes of Colville Indian Reservation, 447 U.S. 134, 154 (1980). It is clear, however, that state laws may be applied to tribal Indians on their reservations if Congress has expressly so provided

badicedog
07-20-2009, 2:32 PM
thanks guys ! This helped a whole bunch...

PEBKAC
07-20-2009, 2:39 PM
Interesting...so, could they set up "CA law free" gun ranges on territory that is not in line with state AW laws? I know I'd be willing to drive a few less hours (than the drive to Nevada) to fire an un-neutered AR in CA (which of course only gets un-neutered once on the reservation), could make the tribes a little extra money potentially...

BONECUTTER
07-20-2009, 2:45 PM
Interesting...so, could they set up "CA law free" gun ranges on territory that is not in line with state AW laws? I know I'd be willing to drive a few less hours (than the drive to Nevada) to fire an un-neutered AR in CA (which of course only gets un-neutered once on the reservation), could make the tribes a little extra money potentially...

I think the hardest part (besides tribal approval) would be this part of the law:

12280. (a)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

"In the state" does that mean federal land is exempt or not?
Would the state be dumb enough to try and enforce this?
I could see them trying to challenge this or set up some type of sting and get you when you leave the reservation.
Would the tribe want this kind of attention?

grammaton76
07-20-2009, 2:47 PM
What's really interesting is that Indian reservations also have an excellent case (ever since 1986) for being exempt from the prohibition (this is important here) on manufacturing new machine guns.

See, you can regulate a reservation, but not prohibit things on it. Once 1986's law escalated us to prohibition on new MG's, they arguably gained the right to create full auto weapons.

ke6guj
07-20-2009, 2:59 PM
Interesting...so, could they set up "CA law free" gun ranges on territory that is not in line with state AW laws? I know I'd be willing to drive a few less hours (than the drive to Nevada) to fire an un-neutered AR in CA (which of course only gets un-neutered once on the reservation), could make the tribes a little extra money potentially...I know that reservation laws can be less restrictive than the host state law is. Such as fireworks sales. IIRC, NV bans the sale and use of fireworks like mortars, bottle rocket, and roman candles. However, the reservations in NV sell them. And the reservation past vegas on the 15 even has a designated spot to shoot off your just purchased fireworks. IIRC, there was a sign stating that shooting them off in NV was illegal, so use the designated area on the reservation.

badicedog
07-20-2009, 3:13 PM
Well I just got word on this... Apparently in order to be exempt from:red_indian: state law you have to be Indian/part of the tribe...

BONECUTTER
07-20-2009, 3:17 PM
Well I just got word on this... Apparently in order to be exempt from:red_indian: state law you have to be Indian/part of the tribe...

So if someone from the tribe was to swamp out they BB's and back out the raddlocks/prince50's they would be the ones manufacturing and letting us use them. ;)

Think outside the box more buddy.

Riodog
07-20-2009, 4:07 PM
Well you guys can debate this til the cows come home but I'll tell you exactly how it is in regards to the Colorado River Indian Tribal Reservation. I spent considerable time, effort, money and wound up selling my river home as it was on reservation land in Calif.

The tribe will always defer to the state in which the land sits. In Calif you are not going to have anything prohibited by this state. As CRIT sits in Calif and AZ (both sides of the river) then if you are on the AZ side on CRIT land then you can have what is legal in AZ. JFYI, a CRIT hunting license is good for both sides of the river and you are not required to have either an Az or Calif license in addition.

The laws are really strange on the res. They encompass anything from building permits, who can sue who, they can discriminate against non indians, etc. If you contract to do work for them and they don't feel like paying you GOOD LUCK. It goes on and on.
BUT, if you feel like beating up an injun-> go for it. Do it on the res and then step off the res and they will not come after you. Strange.

You will find the county sheriff patrolling the res (in my case San Berdo) as will you find the CHP. You will not find much help or good info from the tribal authorities as they really don't know sh*t from shinola.

The very best info I found came from a FFL holder in Lake Havasu. He is a dealer in all things 'fun' and a manufacturer also.

If you'd like more info on Injuns and the res rules pm me and I'll put you in touch with a person that knows it like the back of his hand. He's a cleo in the area and his wife is on the registry.(if you are not familiar with that term-> look it up). Best advice I'd give is-> stay away from anything Indian as they can't be trusted. This is not an indictment of individuals but of the tribes themselves. It's all about money and greed and crooked politics.
Rio