Concealed carry in Indian casino?

[Shadowrider]

Ownership is moot if said property is on non tribal lands (reference, tribes can own assets that do not reside on tribal land).

Whitey, while you are technically correct, they always put their assets (land) in the BIA trust so they can get the state "out of their hair". That's why they can have casinos, bingo and such. Not to mention the cigarette sales and other tax money they get to keep.

 

[cscokd]

Here is a thread from OK Shooters that was archived on OKGunSafety from 2005. Interesting read...

http://okgunsafety.com/forums/archive/index.php/t-1110.html

Final answer seemed to come from ChrisC:

ChrisC
10-17-2005, 11:35 AM
okay here's the skinny on the carrying a concealed weapon on tribal land...

if you are carrying the concealed weapon on tribal land they would charge you with the violation of the oklahoma self defense act but they would reciprocate the law into the respective courts...

i.e. if you are a indian commiting the crime on tribal land you would be charged in tribal court, non indian you would be charged in federal court.

and that's the bottom line, information was received by a tribal investigator.

 

[zoomaster1]

Indian land is a sovereign nation unto itself. They have their own laws. I was told by my CCW instructor, that they had called a couple of casinos, and they said to leave gun locked in car. When I lived in NM, you could'nt even have a gun on Indian land.

 

[jdgabbard]

"Parimutual wagering allowed by law" is one of the places specifically prohibited for concealed carry by the SDA. That's gambling, so casinos are off-limits by OK law.

Other than that, I've not been able to confirm the regulations on tribal lands, but I'm pretty sure that you're technically correct in your estimation. That said, tribal lands are pretty wide-spread over the state - it would be a nightmare to try to follow that!

Parimutual wagering is betting on Horse Races. Big difference between the two.

 

[nephets0]

i was almost ticketed for this offense. the officers claimed it was illegal to be in possession of a concealed firearm on indian lands, even locked in the car. (two of us in the car were carrying..)

an sda instructor and myself called the tribal lawyer, he said that they had adopted a conceal/carry permit and would honor the oklahoma state permit as well. So if we'd been ticketed the tribal courts would have thrown it out. This was at riverwinds casino in south tulsa.

 

[tm8634]

i wouldnt inside but i still carry my hatchet in case theres any scalping going on....

 

[skyydiver]

Lots of opinions (mine included) have been posted on this. But still, no one (myself included) has ever been able to post any links or images of specific tribal or federal laws, treaties, or other real sources that give a clear answer. I suspect that is because there is no clear answer, and anyone willing to take it up the court chain would be a test case...in someone's court. I suspect that in one place or another, any of the above examples of what could happen are plausible.

 

[WhiteyMacD]

Section 507. Weapons Offense

(a) It shall be unlawful to:

(1) Have a dangerous weapon in one's actual possession while being addicted to any narcotic drug; or after having been declared mentally incompetent; or while being intoxicated or otherwise under the influence of alcoholic beverages or other intoxicating substance, drug, or medicine; or while possessing the intent to unlawfully assault another; or while under the age of sixteen years old, and without the consent of his parent or guardian.

(2) Carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so.

(b) Definitions:

(1) "Dangerous weapon" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative.

(2) "Firearms" mean pistols, revolvers, rifles, shotguns, and any device that is capable of being used as a weapon because it expels a projectile by some means of force.

(3) A firearm or other weapon shall be deemed loaded when there is an unexpended cartridge, shell or projectile in the firing position except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in such position as next to be fired.

(c) Weapons offense shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), or by a term of imprisonment in the Tribal jail not to exceed three months, or both.

ARTICLE VIII. WEAPONS OFFENSES
Sec. 14-34.1. Educational property.
(a) The following definitions apply in this section:
(1) Educational property. Any school building
or bus, school campus, grounds, recreational
area, athletic field, or other property
owned, used or operated by any board
of education, school, college or university.
(2) Student. A person enrolled in school, college
or university, or a person who has
been suspended or expelled within the
last five years from a school, college or
university, whether the person is an adult
or minor.
(3) Switchblade knife. A knife containing a
blade or blades which open automatically
by the release of a spring or a similar
contrivance.
(4) Weapon. Any gun rifle, pistol, or other
firearm of any kind, a knife, or any dynamite
cartridge, bomb, grenade, mine, powerful
explosive as defined in North Carolina
law, BB gun, air rifle, air pistol, bowie
knife, dark, dagger, slingshot, leaded cane,
switchblade knife, blackjack, metallic
knuckles, razors and razor blades (except
solely for personal shaving), and any sharppointed
or edged instrument except instructional
supplies, unaltered nail files
and clips and tools used solely for preparation
of food, instruction, and maintenance,
of educational property.
(b) It shall be a criminal offense for any person
to posses or carry, whether openly, or concealed,
any weapon on educational property.
(c) It shall be a criminal offense for any person
to cause, encourage, or aid a minor who is less
than 18 years old to possess or carry, whether
openly or concealed, any weapon on educational
property.
(d) This section shall not apply to:
(1) A weapon used solely for educational or
school-sanctioned ceremonial purposes, or
used in a school approved program conducted
under the supervision of an adult
whose supervision has been approved by
theschoolauthorit~
(2) Armed forces personnel, officer and soldiers
of the militia and national guard,
law enforcement personnel, and any private
police employed by an educational
institution, when acting in the discharge
of their official duties; or
(3) Home schools as defined under North
Carolina Law.
(Ord. No. 117, 3-3-2000)
Sec. 14-34.2. Other assemblies.
(a) It shall be unlawful for any person to carry
any gun, rifle, or pistol into any assembly where a
fee has been charged for admission thereto, or
into any establishment in which alcoholic beverages
are consumed. Any person violating the
provisions of this section shall be guilty of a
criminal offense.
(b) This section shall not apply to the following:
(1) The owner or the lessee of the property or
business establishment;
(2) A person participating in the event, if he
is carrying a gun, rifle, or pistol with the
permission of the OVlner, lessee or person
or organization sponsoring the event; and
(3) Armed forces personnel, officer and soldiers
of the militia and national guard,
law enforcement personnel, and any private
police employed by an educational
institution, when acting in the discharge
of their official duties.
(Ord. No. 117, 3-3-2000)
Sec. 14-34.3. Punishment.
Persons subject to the criminal jurisdiction of
the Cherokee Court who violate the provisions of
section 14-34.1 or 14-34.2 of this article shall be
subject to punishment by a fine ofup to $1,000.00,
imprisonment for not more than one year for each
offense, or both.
(Ord. No. 117,3-3-2000)
Sees. 14-34.4-14-34.9. Reserved.
General Weapons Offenses
Sec. 14-34.10. Weapons offense.
(a) It shall be unlawful to:
(1) Have a dangerous weapon in one's actual
possession while being addicted to any
narcotic drug; or after having been declared
mentally incompetent; or while being
intoxicated or otherwise under the
influence of alcoholic beverages or any
other intoxicating substance, drug, or medicine;
or while possessing the intent to
unlawfully assault another; or while under
the age of 16 years, and without the
consent of his or her parent or guardian;
or
(2) Carry a loaded firearm in a vehicle on a
public road without lawful authority to do
so; or to discharge any kind of firearm
from a motor vehicle without lawful authority
to do so; or to discharge a firearm
from, upon or across any public highway
without lawful authority to do so.
(b) Definitions:
(1) Dangerous weapon means any item that
in the manner ofits use or intended use is
capable of causing death or serious bodily
injury. In determining whether an item,
object or thing not commonly known as a
dangerous weapon is a dangerous weapon,
the character of the instrument, object or
thing, the character of the wound produced,
if any, and the manner in which
the instrument, item or thing was used
shall be determinative.
(2) Firearms means pistols, revolvers, rifles,
shotguns, and any device that is capable
of being used as a weapon because it
expels a projectile by some means offorce.
Afirearm or other weapon shall be deemed
"loaded" when there is an unexpended
cartridge, shell or projectile in the firing
position, except in the case of pistols and
revolvers in which case they shall be
deemed "loaded" when an unexpended
cartridge, shell or projectile is in such
position as could be fired by one or more
pulls of the trigger.

I dont see any provisions for state issued concealed and carry licenses. As I have said before, I would check with the tribal government (no need to go to any court, just ask).

I also know that the parts about carrying a dangerous weapon in a moving vehicle, typically, doesnt apply to non tribal person passing through tribal property (I have asked about this since I CC when I hunt tribal property. I am tribal enrolled, but my tribe is in South Dakota, so technically, I am not a tribal member of the land I hunt on)

You can find copies of tribal codes through NILL. Again, contact tribal government as I am unaware how often codes are updated on the NILL website.

 

[vvvvvvv]

It depends on the tribe... But, the tribes are under federal jurisdiction and the US Constitution applies. We recently had US Supreme Court decisions that declared that the 2nd Amendment is an individual right, and that's it's been incorporated into the 14th Amendmen't protections.

If Washington D.C. can no longer prohibit firearms, it's doubtful that tribes can either. However, there's that "reasonable regulation" that you have to be aware of.

You might really want to check those opinions. All that the Supreme Court said in Heller and McDonald is that the Second Amendment protects is the right to own a handgun for purposes of self defense in the home. All other restrictions against the right to keep and bear arms are "presumtively valid" until such restriction has gone through the rigors of Due Process.

That's why the new Chicago ordinance says that you can possess one handgun in your home for self defense provided it is not transported outside of the home. Makes it kind of difficult to legally get one home, but that law is presumed to be Constitutional until the Supreme Court says otherwise.

I've said it before and I'll say it again, Heller and McDonald were decisions against the Right to Keep and Bear Arms.

 

[ExtremistPullup]

Carry in a casino you risk going to federal prison.

link??