Navajo Nation gun laws?


waddy

waddy

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I just returned from a 250 course at Gunsite. Since I was traveling there from the North, I went through the Navajo and a corner of the Hopi Nations. Does anyone know what the rules are regarding concealed carry or handguns in general there? Is there a difference in rules when traveling on a major highway than when off highway? Actually, if the rules are too long to post here, could someone point me to a place that I could pursue them for myself please? Thanks, I appreciate any help. I made it home safely with no issues, but was a little nervous while traveling through those areas since they are indeed a "soverign nation".
 

As long as you stay on the Interstate or state highways that traverse the lands should not be a problem, exiting other than a fuel stop and physically entering nation land is a no no.
 
Nightmare45 said:
As long as you stay on the Interstate or state highways that traverse the lands should not be a problem, exiting other than a fuel stop and physically entering nation land is a no no.
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I am not sure your reply is correct I understand they still have jurisdiction over all highways and roads that cross their Nation. I understand even if you have CCW and your firearm is loaded if stopped for some reason and they ask if you have a loaded firearm they will take it from you. This has happened in many States on Tribal land.
Trust me really know their laws when passing through tribal land.
 
I was trying to keep answer short and sweet, I assumed he would have read the Mc Clure- Volkmer act and would secure the unloaded weapon in a locked box and checked with the individual nations he would be traveling through.
 
lostone1413 said:
Concealed is concealed. end of story
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While I agree with your statement, it becomes a moot point if and when you are "pulled over" by NN police and might be asked if you are carrying. Denying you are carrying COULD become disastrous, just as it would when asked by LEO while NOT on the reservation.

As to the OP, (this is based upon information given me by a NN Executive Branch employee) generally speaking, it is not a problem but technically, it is illegal unless you have special (and I might add, written) permission from the proper authorities of the Navajo Nation. While the NN generally cannot arrest and prosecute non-tribal members, they CAN, as stated above, confiscate the weapon and detain you until authorized federal, state or county authorities arrive to arrest you (though this rarely happens unless a "major" law has been broken). You can petition the NN Court for return of the weapon, but it will likely take months and a lot of work/hassle before the return of your weapon.
 
rifleshooter474 said:
I am not sure your reply is correct I understand they still have jurisdiction over all highways and roads that cross their Nation. I understand even if you have CCW and your firearm is loaded if stopped for some reason and they ask if you have a loaded firearm they will take it from you. This has happened in many States on Tribal land.
Trust me really know their laws when passing through tribal land.
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The way I have been told by local PD's is, as long as you stay on STATE MAINTAINED highways, you're within your right to carry.
 
Understand that Navajo Nation police officers work alone in very remote areas where there is no back up. They bury a Navajo PD officer all too often. Couple years back I was pulled over for speeding and the Navajo Nation officer was all business - he kept the open door of his car between us at all times. He did ask if I was carrying any alcohol or firearms. I was not so no clue what he would have done if I had a pistol in the car. I have read that Navajo Nation honors Arizona concealed carry permit cards. Despite being a "sovereign nation" the laws of Arizona still apply. Navajo PD arrests for misdemeanors...felonies go to the FBI. On the Hopi rez its BIA police. I've read that Hopi's are less freindly with concealed carry even with a permit. Now that the Bennett Freeze deal has been settled the Hopi Rez is much bigger and you'll be on it longer if you're crossing it.
 
Conflicting information from officials

I live on the reservation so I was very interested to find an answer to this question. I call Kayenta police and they said it was fine to carry in the Utah part concealed (I have a Utah license) but to open carry in the Arizona part. Then i talked to a Navajo Federal Ranger and she said NO! If you are transporting through the Nation it needs to be locked in the trunk bolt open and bullets stored somewhere else. This seems common on the Nation you get different stories from each person you ask. Long story short. Do it at your own risk.
 
I also found this on Wikipedia under Arizona gun laws.

Recent U.S. Court of Appellate rulings have confirmed that FOPA`s protections only apply to unloaded firearms not readily accessible to the traveler, and many tribal governments have strict laws with respect to firearms being carried or transported on tribal lands.[14][15][15][16] For example, in the event of a vehicle stop, Navajo Nation police will seize any loaded firearm found to be accessible to the driver or passenger.[15][16][17] and confiscated firearms are not returnable unless the owner can establish proof of ownership of the firearm and ammunition by presenting a bill of sale or other evidence at the police station at a later date.[17]
 
if they took it from you they should return it to you without a bill of receipt i have no bill of receipt for my firearm but i will take a picture of it someday just for my record of having it with the serial numbers showing.....to take someone firearm and not return it to a lawful citizen is theft imo
 
Never mistake opinion for fact on the rezlands. Been living in Navajoland for over 11 years now and currently work for the Navajo Nation. The Navajo PD will do whatever they decide to do. Think of the reservations as sovereign nations - as the folks living there do. You may have opinions on whether or not they really are, and you may be able to yap away citing various State and Federal Laws...but fact is - its their land in their mind and its their laws "as they see them" they're gonna enforce.

OP you are wise to ask questions up front - as you have....just as you would before visiting a foreign country.

After a few years of trial and error I've found a very simple technique to avoid confrontations with the Navajo PD. Drive the speed limit. You may get passed a lot - but you won't be pulled over.

And, as mentioned above, be empathetic for the Navajo PD officers. They work alone with no backup nearby so you'll find them extra controlling and extra cautious...if you understand and respect that things should go well.
 
Arizona has passed “Constitutional Carry.” That means anyone who can legally own/purchase a firearm and is 21 or older can carry it concealed without any type of permit/license. This new law becomes effective July 29, 2010. Those who wish to carry in Arizona without a permit/license from AZ or any other state can not carry in the places listed in the “Places Off Limits Even With a Permit’ section below. Arizona did not remove other restrictions in their law when they passed Constitutional Carry. If you choose to carry without a permit from Arizona or any other state you must also abide by the following restriction.

The states required by Public Law 280 to assume civil and criminal jurisdiction over federal Indian lands were Alaska (except the Metlakatla Indian Community on the Annette Island Reserve, which maintains criminal jurisdiction), California, Minnesota (except the Red Lake Reservation), Nebraska, Oregon (except the Warm Springs Reservation), and Wisconsin. In addition, the federal government gave up all special criminal jurisdiction in these states over Indian offenders and victims. The states that elected to assume full or partial jurisdiction were Arizona (1967), Florida (1961), Idaho (1963, subject to tribal consent), Iowa (1967), Montana (1963), Nevada (1955), North Dakota (1963, subject to tribal consent), South Dakota (1957-1961), Utah (1971), and Washington (1957-1963).


Firearms

As of February 22, 2010, a new federal law allows individuals who can legally possess firearms under applicable federal, state, and local laws, to legally possess firearms in many National Park units.

Navajo National Monument is located within the exterior boundaries of the Navajo Nation. Subject to certain exceptions, Navajo Nation Code, tit. 17, § 320 (1979), provides that “[a] person commits unlawful carrying of a deadly weapon if he or she carries a loaded firearm or any other type of deadly weapon.” The Navajo Nation may enforce its laws against Navajos and may charge non-Navajos with civil violations under this and other provisions of the Navajo Nation Code. Non-Navajos may be escorted off or totally banned from the reservation. It is the responsibility of visitors to understand and comply with all applicable tribal, state, and federal firearms laws before entering this park.

Federal law still prohibits firearms in certain facilities in this park; those places are marked with signs at all public entrances and includes the Visitor Center, Ranger office, and Maintenance building.
 
Got to the source, I am SHOCKED!!!

I just got off the phone with the police department here Window Rock, AZ capital of the Navajo Nation, asking firearm carry questions. The gentleman I spoke with said "The Navajo Nation has no statute or firearm carry laws of any kind..." and that "non-natives can carry on the Reservation, they need to adhere to state laws and regulations..." but the most disturbing part of our conversation is that he said "tribal members [Navajos/Natives] cannot carry on the reservation because there is no set laws for carry in the reservation, only during the hunting season...", He also advised that one should get any, permits needed to carry as the reservation doesn't recognize the state Constitutional Carry law for Natives, only if you're Non-Native you're fine, and some sort of, proof of ownership. I for one am shocked by this, going to see if I can get started on a changing this legislation!
 
I'm non-Navajo working for the Navajo Nation and over 12 years in rezlands now. I've noticed lots of Navajo people working for government - including my coworkers - have their own version of rules and regs and laws and they are very firm about them - even when they're dead wrong. Trouble is, even if I carried around Navajo tribal law books and showed a Navajo PD officer the law he or she would probably still enforce they way they personally felt. I've been stopped twice on the rez by Navajo PD and one guy wanted to know if I was hauling booze or had any guns on board. Lady Navajo cop never asked. Arizona Highway Patrol doesn't care on rez. Twice stopped by them too since I began to carry concealed. They just ask what I have and where it is then we talk gun brands. I do carry proof of ownership of the guns in my car since what I read on line is that can be a sticking point. I've talked to the gun shop owner in Tuba City and he says its no big deal. I've talked to Navajo PD in our building and they say its no big deal. Maybe that's due to the lack of laws mentioned.
 
The Highway is an easement through the Native nation. However, since the overwhelming consensus is that, "I'm American, I can do as I wish" I'm going to begin representing people before Native nation courts in having their weapons returned - great for business! Comedy!
 
The application of jurisdiction may depend upon whether a U.S. state which overlaps a Native nation is a P.L. 280 state, or whether that Native nation has recently opted in (in which case it may possess jurisdiction over your person). Just have the same respect for the law (generally speaking) that you have for your 2nd Amendment rights (which are inapplicable in any foreign nation) and you'll be fine. Could be described as, "Driving While 'White'"? Who knew???
 
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