Tribal Land Gun Laws: What Gun Owners Need to Know

According to the Duke Center for Firearms Law, there are more than 67 million acres of Indian trust land in the United States under the jurisdiction of Indian tribal governments, allowing them to gun rights and regulations specific to their sovereign tribal laws.

Native American Tribe

Tribal Land Gun Laws: What Gun Owners Need to Know

Though the historic Route 66 is now basically Interstate 40 the stops along the way are extraordinary. Traveling along a federal interstate from start to finish, you must realize that you will be passing through many different tribal lands.

Being a responsible gun owner, you should be fully aware of the laws and reciprocity for each state to which you are traveling through and know each state’s reciprocity agreements beforehand. Along that route, especially in the West, that there are vast swaths of tribal land that enforce different gun laws. Good knowledge to know when traveling with a firearm.

Who Has Jurisdiction Over Gun Laws on Tribal Lands?

According to the Duke Center for Firearms Law, there are more than 67 million acres of Indian trust land in the United States under the jurisdiction of Indian tribal governments, allowing them to gun rights and regulations specific to their sovereign tribal laws.

Have you ever thought of that on your trip to the Grand Canyon?

Did you know that the Havasupai, Hualapai, Navajo, Hopi, Paiute and Zuni tribes either have reservations that reside in the Grand Canyon or are considered as the “place of emergence” — the site where their ancestors first came into this world — for these tribal lands?

Furthermore, more than 3 million acres of land in Oklahoma is now considered tribal land due to the U.S. Supreme Court’s 5-4 decision in McGirt v. Oklahoma (2020), which reaffirmed Muscogee (Creek) Nation’s tribal sovereignty over its historical reservation lands.

In other words, the state of Oklahoma no longer has prosecutorial jurisdiction. Only the tribal courts or the federal government does. Generally, tribal courts do not have jurisdiction over non-Native Americans. This decision was later extended to the Cherokee, Chickasaw, Choctaw, Seminole and Quapaw Nations. And with varying and shifting jurisdictions, it’s easy to be unaware of the gun laws on Native American reservations through which you’re traveling.

Advice for Gun Owners Traveling Through Tribal Lands

Navigating the complex landscape of tribal land gun laws poses unique challenges and considerations for both tribal members and non-natives visiting or passing through tribal lands. Understanding these laws, from regulations on firearms possession and concealed carryon tribal land to jurisdictional complexities, is crucial for ensuring compliance within these distinct communities.

Keep in mind that Native American land is not governed by state laws but rather by tribal law. If you are carrying a firearm with a concealed carry permit that is valid in the state in which the reservation is located, that permit is likely not valid on that tribe’s land.

Being found in possession of a firearm on tribal land often results in the immediate confiscation of that firearm, followed by the requirement to appear before tribal court to pursue its return. In addition, sometimes a tribe will extend its jurisdiction to include patrolling federal and state highways within reservation boundaries, asserting authority over these roads.

Before you carry on tribal lands, you should reach out to the tribal leader or government to receive written permission to do so. If you’re passing through tribal territory, even if it’s a state or federal highway, you should store your firearms unloaded and securely locked in a container within your trunk or back seat.

Specific Gun Laws on Native American Reservations

With 574 federally recognized American Indian tribes and Alaska Native entities in the United States it would be next to impossible to know every law concerning gun laws on Native American reservations and it can be extremely easy to break tribal land gun laws, however innocently. Below are just a few of the more frequently traveled tribal lands you may be likely to encounter on a cross-country road trip.

NAVAJO Arizona, New Mexico, UtahThe Navajo Nation is the largest federally recognized Native American reservation in the country, with more than 17.5 million acres spanning three different states.

A person commits unlawful carrying of a deadly weapon if he or she carries a loaded firearm or any other type of deadly weapon anywhere on Navajo land. However, an exception is made to a person “in a private motor vehicle or other means of conveyance, for lawful protection of the person’s or another’s person or property, while traveling, and such weapon is located in a closed trunk, luggage or glove compartment of a motor vehicle.”

HOPI Arizona (Located within the Navajo Reservation)The Hopi Indian Tribe requires that you obtain a permit signed by the judge of the Hopi Trial Court and countersigned by the superintendent of the reservation in order to carry a concealed handgun.

HUALAPAI Arizona (Grand Canyon)The Hualapai Tribe Reservation is located at the far western end of the Grand Canyon, and the Grand Canyon Skywalk is owned by the Hualapai Tribe.

Neither the tribal website nor the Skywalk website provides information about firearms or weapons, so if you plan to visit the Skywalk or any part of the Hualapai Reservation, you should call ahead and inquire about its firearms laws.

STANDING ROCK North Dakota, South Dakota The Standing Rock Indian Reservation is the fifth-largest reservation, covering approximately 2.3 million acres. With regard to the carry of concealed deadly weapons, the law states:

Whoever carries, concealed about his or her person, any of the following weapons, unless they are carried with specific Tribal, state or federal governmental approval, except where prohibited, is guilty of carrying a concealed deadly weapon:

• Any blackjack, bill, bludgeon, metal knuckles, any knife with a blade over six (6) inches long or other sharp or dangerous instrument usually employed in the attack or defense of a person; or

• Any firearm, whether loaded or unloaded

In addition to the penalty prescribed for such an offense, any person convicted of carrying a concealed deadly weapon may be ordered by the Standing Rock Sioux Tribal Court to forfeit any such weapon to the Tribe.

And when it comes to carrying a loaded firearm in a motor vehicle, it declares: “Any person, other than a law enforcement officer when acting as such, who carries a firearm with a round in the chamber on a public highway and in a motor vehicle, is guilty of carrying a loaded firearm in a motor vehicle.”

CHEYENNE-ARAPAHO NATION Oklahoma The Cheyenne and Arapaho tribes share a unified tribal government in western Oklahoma. On their land, it is unlawful to:

• Carry a loaded firearm in a vehicle on a public road without lawful authority to do so

• Discharge any firearm from a motor vehicle without legal authority

• Discharge a firearm from, upon or across any public highway without lawful authority to do so⁸

CHOCTAW NATION Oklahoma The Choctaw Nation Reservation covers more than 6 million acres in southeastern Oklahoma, making it the second-largest Native American reservation in the U.S. by land area. The law states:

It shall be unlawful for any person to carry upon or about his or her person, or in a purse or container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, Bowie knife, dirk knife, switchblade knife, sword cane, knife having a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, blackjack, loaded cane, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed.⁹

MUSCOGEE (CREEK) NATION Oklahoma The nation is not contiguous; rather, its jurisdiction spans multiple counties in eastern Oklahoma. It is unlawful to carry and conceal any firearm, pistol, rifle or other deadly weapon, whether loaded or unloaded.

Are Any Tribal Lands Gun-Friendly?

If you live near tribal land, you may be perplexed by this revelation. Many reservations have these laws on the books but tend to allow non-tribal members on their lands with firearms. Some members of neighboring communities drive out to these tribal lands specifically for a fun-filled day of target practice. But that doesn’t make it legal. It just means the tribal police will not bother with these types of infractions unless other illegal activity is suspected (or, because of the close proximity of small communities, everyone knows everybody, and the proverbial lines are blurred). Regardless, you should plan to obtain permission from a tribal authority before you venture into unknown territory and wind up with your firearm confiscated.

Can Tribal Police Enforce Gun Laws on Non-Natives?

Laws governing tribal police and non-natives can vary based on tribal sovereignty and agreements with state and federal governments. In many cases, tribal police have jurisdiction over tribal lands and may enforce tribal land gun laws on both tribal members and non-members within those lands. However, there are often complex legal arrangements and jurisdictional issues that affect how these laws are applied. For instance, most tribal police have the authority to detain a non-native person only until state or local authorities show up to take over. Tribal police often work closely with local law enforcement in neighboring communities to assist with non-native people.

Therefore, if you are caught with a firearm on tribal land, the consequences will depend on many different factors, including tribal gun laws, federal laws and any agreements in place between the tribe and neighboring jurisdictions.

How to Comply with Tribal Gun Laws

You must recognize and comply with specific tribal land gun laws when you’re visiting or traveling through tribal lands. As sovereign nations, tribes have the authority to govern gun possession and use within their jurisdictions, often imposing rules that differ from state and federal regulations. Violating these rules can lead to firearms confiscation and other serious legal consequences. To avoid complications, research tribal regulations ahead of time, seek permission from tribal authorities if it’s required and securely store your firearms — unloaded — when you’re passing through tribal territory. These precautions will help ensure your journey remains both safe and lawful.

Frequently Asked Questions

Is it legal to carry a gun on an Indian reservation? It depends on the tribe’s specific laws. Each of the 574 federally recognized tribes in the U.S. has the right to establish its own firearms regulations. Some, like the Hopi Tribe, require a judge-approved permit, while others like the Choctaw Nation prohibit possession of firearms entirely even if unloaded and unconcealed. Always research the tribe’s gun laws before entering their land to avoid unintentionally violating them.

Do Indian reservations have to follow federal gun laws?Tribal lands are sovereign and primarily governed by tribal and federal law — not state law. While tribes are subject to some federal laws, they are not required to follow state firearms laws. This means that rules on possession, transport and concealed carry can vary significantly — and often do. For example, tribal police may enforce laws that apply differently to tribal members and non-members, and some may even patrol federal highways within reservation borders.

What happens if you’re caught with a firearm on tribal land? You could face serious consequences even if you didn’t know the law. Many tribes will immediately confiscate your firearm if you’re found carrying without permission. You may also be required to appear before a tribal court to petition for the return of your firearm. In some cases, tribal police can detain you and then turn the case over to federal or local authorities, depending on the agreements in place. Since tribal sovereignty allows each tribe to enforce its own laws, penalties can vary widely and ignorance is not a defense.