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View Full Version : Featureless AR15's on tribal land?


Tacit Blue
10-26-2011, 8:19 PM
Hey guys,


I got this idea that ran across my mind the last couple of days, are we Californians still bound by CA penal codes regarding OLL's ? While shooting on tribal lands? Technically its considered ' sovereign land' exempt from Federal, CA law to tribe members etc..etc..

So are we afforded the same privilege as the natives while we set foot on their lands? My idea was we could rock n roll like going to Arizona:cool:

Would the tribal police be obligated to enforce CA P.Cs and arrest us for a AW?

TRICKSTER
10-26-2011, 8:35 PM
You would have to check with the tribal authorities. Many have their own firearms restrictions on tribal property.

Tacit Blue
10-26-2011, 8:38 PM
You would have to check with the tribal authorities. Many have their own firearms restrictions on tribal property.

Hmmmm... I think I'm onto something here.. I think it would be ok, so long as BLM or Federal Indian Police aren't roaming around etc.

I will check it out..

gatesbox
10-26-2011, 8:41 PM
Interesting thought, and could be a good revenue source for a tribe range....certainly tribal laws allow for different regulation of tobacco products, alcohol, fireworks, never thought about firearms restriction.

If I lived anywhere near a define reservation I would certainly pay to use the range with high caps and no BB if this was a possibility....

Tacit Blue
10-26-2011, 8:45 PM
Interesting thought, and could be a good revenue source for a tribe range....certainly tribal laws allow for different regulation of tobacco products, alcohol, fireworks, never thought about firearms restriction.

If I lived anywhere near a define reservation I would certainly pay to use the range with high caps and no BB if this was a possibility....

Exactly! Then before you leave the range, reconfigure it for CA law to be in compliance. And drive home legally set up. :p

gatesbox
10-26-2011, 9:03 PM
Doh!

http://aidainc.net/Publications/pl280.htm

TrailerparkTrash
10-26-2011, 9:40 PM
I could be wrong, but I'm willing to bet that there isn't a singe Indian reservation in this state that would allow what the OP wants to do. Again, I could be wrong.....

DannyInSoCal
10-26-2011, 10:06 PM
I just joined the range at Pala which is on reservation land.

I'll ask around....

oddjob
10-27-2011, 8:31 AM
Public Law 280 allows enforcement of the penal code, H&S Code & etc on tribal land.

fullrearview
10-27-2011, 9:30 AM
Public Law 280 allows enforcement of the penal code, H&S Code & etc on tribal land.

This. But go ahead and try if you must. I don't think it will go well.

BigDogatPlay
10-27-2011, 1:38 PM
Hmmmm... I think I'm onto something here.. I think it would be ok, so long as BLM or Federal Indian Police aren't roaming around etc.

I will check it out..

I think you're incorrect. BLM rangers will, quite probably, jam you up in a heartbeat if they find you with an illegally configured rifle.

Public Law 280 allows enforcement of the penal code, H&S Code & etc on tribal land.

^^^This^^^... and they will, too.

Tacit Blue
10-27-2011, 6:22 PM
Darn.. I guess 280 allows for Federal,and state oversight. Thanks Guys!

TheExpertish
10-27-2011, 8:53 PM
Hey guys,


I got this idea that ran across my mind the last couple of days, are we Californians still bound by CA penal codes regarding OLL's ? While shooting on tribal lands? Technically its considered ' sovereign land' exempt from Federal, CA law to tribe members etc..etc..

So are we afforded the same privilege as the natives while we set foot on their lands? My idea was we could rock n roll like going to Arizona:cool:

Would the tribal police be obligated to enforce CA P.Cs and arrest us for a AW?

Tribes are sovereign, but they are ""domestic dependent nations" according to case law back from the Supreme Court 1831 case of the Cherokee Nation v. Georgia.

Public Law 280 allows enforcement of the penal code, H&S Code & etc on tribal land.

It allows, but does not require. Federal law prohibits states from imposing laws on tribal lands. However, from the perspective of an LEO we know the more laws we can use the more chances we have of getting a good stat. I think most would go for it. However, it will vary from reservation from reservation. I have an academymate who is a Tribal LEO so I'll ask him how they handle it.

Tacit Blue
10-27-2011, 9:33 PM
Tribes are sovereign, but they are ""domestic dependent nations" according to case law back from the Supreme Court 1831 case of the Cherokee Nation v. Georgia.



It allows, but does not require. Federal law prohibits states from imposing laws on tribal lands. However, from the perspective of an LEO we know the more laws we can use the more chances we have of getting a good stat. I think most would go for it. However, it will vary from reservation from reservation. I have an academymate who is a Tribal LEO so I'll ask him how they handle it.

Yeah, that would be cool if you asked your tribal LEO friend. I have another Palomar Police academy grad friend, who knows a tribal LEO who patrols near Valley View casino/ Kumeyaay Indians res. I'll ask him to refer it to his friend also.

So basically it boils down to what tribal LEO's want to enforce in terms of gun laws. If it's allowed on the reservation, no BB, hicaps and they're fine with it, then you should be golden. But if they feel obligated to contact for instance SDSD and notify them then you got issues.

TheExpertish
10-28-2011, 7:17 AM
Alright, here's what he said.
yes. firearm laws are enforced stictly, up to and including a firearm violation being charged as a federal crime.

Ron-Solo
10-28-2011, 9:03 AM
I would imagine any tribe with a casino would enforce strictly to protect their casino status.

JaeOne3345
10-28-2011, 1:32 PM
I think you mean rifles *with* features as opposed to featureless.

A featureless rifle wouldn't be illegal anywhere in the first place for lack of a button button and the usage of normal/large capacity mags.

Or am I confused?

pc_load_letter
10-28-2011, 1:47 PM
A co-worker of mine shoots at the Pala competitions and indicated to me that he has to use a BB and tool on his Sig when he shoots it there.

BigDogatPlay
10-28-2011, 3:11 PM
It allows, but does not require. Federal law prohibits states from imposing laws on tribal lands.

Unless there is no controlling federal authority for the or the state law is stricter than a corresponding federal rule... generally.

Think ABC law... all the tribes have to get a state issued liquor license if they want to serve because there is no controlling federal authority. Local governments and the state itself have used the power of the liquor license to, essentially, force the tribes to negotiate compacts and impact fees for local services.

State law is sharper than federal law on EBRs so tribal police could / would enforce that as well. Not worth pushing the issue and finding out, IMO.

ocmsrzr
10-28-2011, 3:19 PM
As a former BIA LEO, I can say that you are a no go at this station.