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cal gun lawd and Indian reservation? 's

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  • F8ality
    Senior Member
    • Oct 2010
    • 645

    cal gun lawd and Indian reservation? 's

    Taking a class that will be on an Indian reservation, do the BS California laws apply being is they are a sovereign nation, federal land, so exempt from state law correct? And no I'm not talking any NFA weapons or alike I'm asking specifically related to the bullet buttons and 10rd mags.

    Thanks for any help ans info.
  • #2
    jester7500
    Junior Member
    • Jan 2012
    • 3

    I was just searching for this topic but couldn't find anything. I'd like to know as well...

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    • #3
      Ron-Solo
      In Memoriam
      • Jan 2009
      • 8581

      In most cases, California laws apply on reservations.
      LASD Retired
      1978-2011

      NRA Life Member
      CRPA Life Member
      NRA Rifle Instructor
      NRA Shotgun Instructor
      NRA Range Safety Officer
      DOJ Certified Instructor

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      • #4
        lhecker51
        Senior Member
        • Nov 2009
        • 704

        Originally posted by Ron-Solo
        In most cases, California laws apply on reservations.
        Agreed. There are exceptions though. It all depends on the tribes agreements with the state. Not all tribes come under state laws and must specifically agree to this. Normally it is a compromise.
        sigpicNRA Life Member***I have not and will not ever comply****

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        • #5
          Decoligny
          I need a LIFE!!
          • Mar 2008
          • 10615

          Your best bet for accurate information on any specific Indian reservation is to contact the Tribal government and ask them.
          sigpic
          If you haven't seen it with your own eyes,
          or heard it with your own ears,
          don't make it up with your small mind,
          or spread it with your big mouth.

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          • #6
            Purple K
            CGN/CGSSA Contributor
            CGN ContributorCGN Contributor - Lifetime
            • Dec 2008
            • 3101

            The Federal PL280 dictates that the reservations must observe State and Local laws. Any tribal laws enacted by a tribal council only apply to the tribes members, not visitors. State firearms statutes still apply on tribal lands.
            sigpic

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            • #7
              colddeadhands
              Senior Member
              • Apr 2007
              • 590

              I would call ahead and ask the reservation people. When i got my NV ccw we were told in the class that soverign nation means no 2A. The instructors talked about people having thier guns taken by the police on the pyramid lake reservation and never getting them back. It might just be fud, but I wouldnt want to risk my guns.

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              • #8
                Hooligan
                Member
                • Oct 2009
                • 335

                Pyramid Lake has a no guns rule! They have a pretty extensive website detailing their rules. Unless you are a tribal member I would not take them.

                (This was as of last year, I was looking into places to organize a group shoot and thought of the range near there, using Pyramid as a place to group camp. So, yes I have read their rules.)
                On the firing line- depending on the day, determines which side of the line I'm supposed to stand on!

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                • #9
                  sfbadger
                  Member
                  • Nov 2007
                  • 320

                  Originally posted by colddeadhands
                  I would call ahead and ask the reservation people. When i got my NV ccw we were told in the class that soverign nation means no 2A. The instructors talked about people having thier guns taken by the police on the pyramid lake reservation and never getting them back. It might just be fud, but I wouldnt want to risk my guns.
                  That is NOT fud, that is absolutely true. Same with some reservations in Oklahoma and your CCW means nothing to them.

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                  • #10
                    Purple K
                    CGN/CGSSA Contributor
                    CGN ContributorCGN Contributor - Lifetime
                    • Dec 2008
                    • 3101

                    The "Soveriegn Nation" thing is FUD spread by the tribes. To be a sovereign nation they'd need to have their own constitution, currency, embassies, military, etc, etc, etc.
                    sigpic

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                    • #11
                      Neptune
                      Senior Member
                      • Aug 2011
                      • 1165

                      Originally posted by Purple K
                      The "Soveriegn Nation" thing is FUD spread by the tribes. To be a sovereign nation they'd need to have their own constitution, currency, embassies, military, etc, etc, etc.
                      No, they are sovereign nations...to an extent. They abide by the Federal laws, and some state and local laws. The Sheriff can only come on tribal property with permission, and does so to take people to jail, etc. when requested, but can't come on the property otherwise.

                      We were doing work on the Thunder Valley job in Lincoln/Roseville area, and a guy got pissed off and called CalOSHA. They showed up, saw it was a casino, and said, "Later. Call FedOSHA." They left at that point because the reservation is under FedOSHA rules.

                      They have a lot of different rules and follow a different set of laws than the rest of us. When I lived by a reservation in Oregon, the Tribal Police would come into town and take custody of their folks when an arrest was made by the local cops.

                      They are also have their own court systems, or work with other tribes in a combined system and work under Tribal and Federal Court system rules which take culture and tradition into account on top of the standard laws. If you get arrested on a reservation, you could end up in a county, tribal, or Federal court dependent on the reservation and it's arrangements.




                      __
                      Last edited by Neptune; 02-01-2012, 6:47 PM.
                      sigpic
                      I don't think it's nice,...you laughing.
                      You see, my mule don't like people laughing.
                      He gets the crazy idea you're laughing at him.
                      Now if you apologize, like I know you're going to,
                      I might convince him that you really didn't mean it.

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                      • #12
                        Purple K
                        CGN/CGSSA Contributor
                        CGN ContributorCGN Contributor - Lifetime
                        • Dec 2008
                        • 3101

                        Neptune... You are wrong! They are bound by ALL laws. They don't get to pick and choose which ones they want to follow. Yours is a prime example of the effectiveness of the FUD that they've spread for years. People have heard it for so long that they accept it as fact.
                        sigpic

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                        • #13
                          paul0660
                          In Memoriam
                          • Jul 2007
                          • 15669

                          Originally posted by Decoligny
                          Your best bet for accurate information on any specific Indian reservation is to contact the Tribal government and ask them.
                          And, being as knowlegable as a LGS, they will say no, while being clueless.
                          *REMOVE THIS PART BEFORE POSTING*

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                          • #14
                            Dr.Lou
                            Senior Member
                            • Sep 2009
                            • 775

                            Originally posted by colddeadhands
                            I would call ahead and ask the reservation people. When i got my NV ccw we were told in the class that soverign nation means no 2A. The instructors talked about people having thier guns taken by the police on the pyramid lake reservation and never getting them back. It might just be fud, but I wouldnt want to risk my guns.
                            NV isn't one of the 6 Public Law 280 states and their reservations have full soverignty; CA is a PL 280 state therefore the tribes only have limited soverignty.
                            sigpic
                            NRA Benefactor Member

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                            • #15
                              vincewarde
                              Senior Member
                              • Sep 2007
                              • 1911

                              Originally posted by Purple K
                              The Federal PL280 dictates that the reservations must observe State and Local laws. Any tribal laws enacted by a tribal council only apply to the tribes members, not visitors. State firearms statutes still apply on tribal lands.
                              Wow, that does not make sense to me. Why then, is gaming legal on reservations even when prohibited by state law? I know that they have to work out agreements with the state governments - but those governments may not ban gaming on the reservation. Clearly the tribe has some rights that override state law.

                              I found this Wikipedia article enlightening: http://en.wikipedia.org/wiki/Tribal_..._United_States

                              A small portion reads: "In PL280 states (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin), the state has been granted criminal and civil adjudicatory jurisdiction over activities in Indian Country." So it would seem that your answer, re: firearms is correct. I wonder if there are special laws involving casinos? Also note that PL280 only applies to 6 states - one of which (Alaska) has no reservations.

                              In addition, I would be willing to bet that through arrangement with federal or state authorities tribal police on the larger reservations have the ability to enforce laws in cases involving non-indians. Some reservations are larger than some US states.
                              Last edited by vincewarde; 02-02-2012, 12:20 AM.

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