#263522 - 12/13/04 07:46 PM
Firearms on the Quinault Reservation
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Parr
Registered: 12/13/02
Posts: 67
Loc: Vancouver, WA
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Do any of you fine people know what rules, if any, the Quinault tribe has regarding firearm possession on tribal land?
I've not been succesful in obtaining any information, either on the tribe's website or other avenues. Can't seem to get through by telephone.
So, anyone have any info?
_________________________
Vegetarian is an old Indian word for Lousy Hunter/Fisher
Get The US Out of the UN and the UN out of the US
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#263523 - 12/13/04 08:16 PM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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What do mean?
You cant hunt on tribal land.
If you are non native state law would apply. So if you carry a concealed weapon and have a WA state concealed weapons permit you should be fine. Or if you carry it on your hip and are not a convicted fellon you should be fine.
Whatever sate law says should be fine.
Washington is a public law 280 state which means if you are non native tribal laws do not apply to you on tribal land. WA state and federal laws apply.
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#263524 - 12/13/04 08:21 PM
Re: Firearms on the Quinault Reservation
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Parr
Registered: 12/13/02
Posts: 67
Loc: Vancouver, WA
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Rich:
I am aware that I, a non-Quinault, cannot hunt on the reservation.
This question was in regards to concealed carry of a pistol while on Quinault tribal lands.
It is never safe to assume that State laws apply on reservation land as reservations are generally "Sovereign Nations" and one is, potentially at least, subject to tribal laws.
It is my understanding that various tribes have agreements with the State to enforce some State laws. Just which laws....I do not know.
There's no way I want to get in a beef with any LEO, tribal or otherwise, over a firearm.
_________________________
Vegetarian is an old Indian word for Lousy Hunter/Fisher
Get The US Out of the UN and the UN out of the US
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#263526 - 12/13/04 09:56 PM
Re: Firearms on the Quinault Reservation
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Returning Adult
Registered: 11/08/04
Posts: 291
Loc: Little Susitna River
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What do a do, shoot the fish before you bank it? LOL!
_________________________
"Just keep casting, just keep casting. Casting casting, just keep casting"
To the tune of "Just keep swimming" sung by Dori in Finding Nemo.
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#263527 - 12/13/04 10:10 PM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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Gotta go with grandpa on this one (egad, did I actually say that?).
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#263528 - 12/13/04 11:31 PM
Re: Firearms on the Quinault Reservation
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Carcass
Registered: 01/01/03
Posts: 2190
Loc: Post Falls Idaho
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Try the BIA Police (Indian Affairs). I believe they have an office in one of the Federal Buildings in Seattle. If there is no listing for Seattle then Try Port Angeles.
Absent that call the Jefferson County Sheriff's Department in Port Townsend. The reservation cuts through Jefferson County and the Deputies are probably familiar with the carry firearm law on the reservation.
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"90% of Life is just showing up and doing the work". Tred Barta Sr.
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#263529 - 12/14/04 12:13 AM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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Hog King
You are not subject to tribal laws on a reservation if you are not a registered tribal member from a federally recognized tribe.
You are subject to state and federal laws just as you are in any part of washington state.
Here it is put simply. Can you be tried in state court or federal court for violating tribal law?
Reservations are only sovern for registered tribal members.
Now you could be banned from a reservation by the tribe for violating their rules. But who can inforce that ? Would you be tresspassing if you went back? I dont know, I gues that would be for the US Courts to decide.
I gues if its unknown or you are unsure you should just use comman sense. Because as you said its best to be on the safe side.
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#263530 - 12/14/04 12:36 AM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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Some tribal law enforcement in certian tribes are granted limitted commissions by the top authority in the county the reservation is in meaning the Sheriff in that county.
That authority can be used to enforce state law on non tribal members.
Some Tribal law enforcement also have federal comissions and can enforce federal law on both Tribal members and non tribal members. This applies to felony crimes only.
Misdemenor crimes committed by non tribal members on reservation lands are subject to state laws no matter how you look at it.
BIA Law Enforcement can enforce both tribal laws and federal laws. Unless they have a limitted state comission in wich case they can enforce state laws through county courts.
I gues if a non tribal member broke a tribal ordinance or law it could be a civil issue.
Meaning if you are not a tribal member and you break a tribal odinance or law that is unique to that tribe, (meaning there is no state or federal law in place for the same thing) you can not be criminally prosecuted. Atleast I dont see how.
Maybe someone can set me straight if this is bad info.
By no means if there is a rule, law or ordinance anywhere should you break it though.
I was just trying to make it clear what laws and authorities each group is accountable to in each area with the knowedge I have.
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#263531 - 12/14/04 12:49 AM
Re: Firearms on the Quinault Reservation
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Returning Adult
Registered: 01/01/02
Posts: 325
Loc: offut lake/lacey
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"It is not legal to carry a loaded rifle or shotgun in national, state, county or city parks, on federal military reservations, Indian reservations or the Hanford Nuclear Reservation, with the exception being individuals who obtain special permits to hunt on military or Indian reservations during the hunting seasons." ----from "washington state gun rights and responsibilities" by dave workman....i had to dig around to find this book i boughta few years back before i started carrying concealed...hope it helps
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#263532 - 12/14/04 01:00 AM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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Well that answers the question for long guns.
Now I wonder if there is anything on the books for concealed carry. I know a Washington Concealed weapons permit does not grant permission for you carry on Military or other federal instalations or National Parks for that matter. Im not sure about Forest Service Lands though.
There has to be somthing out there that puts it in black and white.
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#263533 - 12/14/04 01:09 AM
Re: Firearms on the Quinault Reservation
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Anonymous
Unregistered
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Ok I think I found it.
RCW 37.12.070
It says that "any tribal ordinance or custom heretofore or hereafter adopted by an Indian Tribe, band or community in the exercise of any authority which it may possess shal, if not inconsistant with any applicable civil law of the state, be given full force and effect in the determiation of civil causes of action pursuant to this section."
To me this says that you could be held civilly accountable for breaking ordinances tribal laws. Meaning you could be sued in state court for breaking rules that are unique to the individual tribe if the state feels their case is worthy.
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#263534 - 12/14/04 09:58 AM
Re: Firearms on the Quinault Reservation
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Parr
Registered: 12/13/02
Posts: 67
Loc: Vancouver, WA
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Rich: Thanks for the info. I appreciate your effort.
Grandpa: As far as leaving the "pea shooter home", that's pretty lousy advise and did not answer the question that was put on the table. But thanks for stickin' yer oar in the water anyhow.
Mike: Thanks for the suggestion, I had not thought of that.
Philpac: Thanks for the info.
We're heading up to the area this weekend to fish a couple of streams and do a float on the Quinault. Never been there before and am looking forward to the trip.
_________________________
Vegetarian is an old Indian word for Lousy Hunter/Fisher
Get The US Out of the UN and the UN out of the US
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