New Mexico apache tribal land

New Mexico apache tribal land

This is a discussion on New Mexico apache tribal land within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a current CHL permit from AR now and I can open carry in NM. I know possession of firearms is not allowed on ...

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Thread: New Mexico apache tribal land

  1. #1
    New Member Array Endorphine44's Avatar
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    New Mexico apache tribal land

    I have a current CHL permit from AR now and I can open carry in NM. I know possession of firearms is not allowed on tribal land and I want to drive through there on byway from AZ to AR but I'm worried about that stretch of hwy 70 with my gun on me.

    Anyone ever travel through New Mexico's Apache tribal land on hwy 70? Do the tribal police conduct traffic stops, etc on hwy 70? Does tribal land/enforcement include hwy 70 or is it safe as long as I stay on the hwy?


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    VIP Member Array Eagleks's Avatar
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    I cannot tell you about New Mexico and / or Arizona. I would check the Hwy Patrol there, they always seem more "up" on the laws and "attitudes" than anyone else.

    I know in other areas, that if you are traveling thru and don't get off the highway .... they will not do anything to you if you were pulled over. However, if you are off the path of the highway, it won't sell.

    The tribe can give you persmission. I have never had any success at that, maybe you will.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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    Senior Member Array rljohns's Avatar
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    I traveled from Santa Fe to Chimayo and then to Taos. I was on tribal land a few times and figured as long as I didn't exit my car with my firearm I should have rights of passage as I was on state roads. They were all state roads through tribal land. The problem is that the tribes are sovereign states within a state. If the tribal police had pulled me over I might have found out different. It kind of leaves you without options if you want to go between point A and point B in NM. I've heard of folklore where the tribal police have dis-armed FBI agents. Or maybe that was in a movie. Seems if it is a state supported and maintained road state law would prevail for at least a right of way.

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    Senior Member Array rljohns's Avatar
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    I would stay away from the Casino parking lots and be careful about the carry laws in NM. They are a little different in general. Being from CO I wasn't used to dealing with tribal areas. NM also has a thing about alchohol.

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    New Member Array Endorphine44's Avatar
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    Yeah, I'll just be driving through, no stops in that area unless I get pulled over for something. I just don't want to find out on the side of hwy 70 that tribal laws trump state law on that stretch of road. That would be just my luck, but maybe I'm just being paranoid.

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    Member Array Mr7point62's Avatar
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    this is kind of offtopic. but do tribes actually have the power?

    I know some places give them "Tribal Power" and soverienty over certain state laws on their lans, but I thought that the Supreme Court ruled that State Roads and Highways are not considered part of Tribal Property and rights on those roads still fall under "US LAW" and not Tribal Law..?

    Dont quote me on it, but I swore thats what I learned in my Government class 2 semesters ago.

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    If you stay on public roads which traverse tribal lands, you won't have a problem. If you break down and park on the shoulder, you're still OK. Where you risk trouble is if you leave your vehicle and go wandering off away from the highway while armed. If you have to do that, then leave your gun in the car. Pulling into a gas station on tribal land, even if adjacent to a federal highway, leave your gun in the vehicle. Recognize that if you are found in violation of tribal laws, your car and its contents can be confiscated, and your only recourse is through the BIA, with the slimmest of odds in favor of getting your property back in your lifetime.
    Smitty
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    As long as your on the highway and right of way your good. If you get off of either you fall under tribal law.

    As Custer said: Oh ----!!! I think I'm in deep DO DO."
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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    Ex Member Array azchevy's Avatar
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    I know the Navajo nation recognizes all the firearm laws of the states their tribe is contained in. As for the Mescalero's you should contact them.

    Mescalero Apache Tribal Police
    Tel: (505) 464-4479
    Last edited by azchevy; August 25th, 2011 at 11:44 AM.

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    New Member Array Endorphine44's Avatar
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    Azchevy, thanks for the info. I'll give them a call tomorrow.

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    VIP Member Array Eagleks's Avatar
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    When & IF you get a clear answer on this , please let us all know. I'll be heading down that direction at some point and it would be good to have some clarification. Please share any results.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

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