New Mexico Navajo Nation
This is a discussion on New Mexico Navajo Nation within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; This is what transpired on a segment of ‘Navajo Cops’ on Nat. Geo. Channel this PM.
Tribal Police pulled over a speeder near Shiprock, NM ...
Post By azchevy
Post By HotGuns
March 26th, 2012 10:06 PM
New Mexico Navajo Nation
This is what transpired on a segment of ‘Navajo Cops’ on Nat. Geo. Channel this PM.
Tribal Police pulled over a speeder near Shiprock, NM – an area governed by the Navajo Nation in northwest New Mexico. The man had a handgun visible on the front seat of the car. He was searched, back up was called and the car was searched both visually and by a K-9. Nothing else was discovered.
The handgun was an old Russian 9mm with a loaded magazine as well as one in the chamber. An officer dropped the magazine and cleared the chamber.
The narrator stated that the man was required to inform the Tribal Officer of the presence of a firearm upon initial contact and that the firearm could not be transported loaded. The narrator did not say if the person did or did not have a Concealed Carry license.
The man was traveling from his home in Utah to his mining job near Farmington, NM. He said he had the handgun for protection while traveling. He was cooperative, questioned and not cuffed.
Police asked him were he got the weapon to which he replied in a FTF transaction about 12 years prior. They asked him for a receipt of proof of ownership, which he did not have. They confiscated the weapon and the narrator said the gun would be returned upon proof of ownership.
When informed that the weapon would not be returned, the man said; "I guess I really don't have any other choice."
Only three Tribal Police were shown in the segement. He was ticketed, released and continued on his way minus the handgun.
The narrator stated that tribal police did not have the authority to arrest a non-tribal citizen. If necessary, he would have been turned over to local State authorities.
Handgunlaw.us references NM Statute 29-10-10 which states:
A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.
Last edited by Ksthumper; March 27th, 2012 at 03:35 PM.
March 26th, 2012 10:06 PM
March 26th, 2012 10:29 PM
Hmm, NM law does not require disclosure of possession to LEO of a firearm unless specifically asked.
I don't think that is different even inside the rez.
As far as confiscating it with no legal cause, I believe it. Rez politics and police are known for their corruption.
Of course he could try suing in FEDERAL court to get his pistol back.
Good luck with that.
March 26th, 2012 10:33 PM
Tribes are Sovereign Nations. A whole complete different set of laws. Not Federal and not State. Tribal.
March 26th, 2012 10:39 PM
True as far as that goes, but the tribes legal jurisdiction is not absolute if you are on state or federal highway.
A tribe cannot legally put up a roadblock on the hiway, and shake people down....
"legally".... is the least important word, apparently.
A gun in your car is legal in NM, I don't think a Tribal cop would have that legal authority, IF he was on the state or federal road.
Again, he can sue in federal, or maybe tribal court.....
Legal don't matter so much on the rez.
March 27th, 2012 01:35 PM
Except when it comes to cigarettes. Then the feds and state will bust them down...
Originally Posted by Rock and Glock
March 27th, 2012 01:41 PM
Proof of ownership = in my possession and not reported stolen. Firearm registration is not existent in his state of residence. Unfortunately some tribal cop will take it home as a war trophy when he doesn't decide to spend the money to get a lawyer and fight for his weapon back because it will cost more than the weapon. I am disappointed that federal police did this. Shame on them.
The tribal system is old and busted. They need to dissolve it and move on as US citizens OR we can wall them in and they will need passports to come in and out and start paying taxes like the rest of us. I am sick of the free ride system for people just because our ancestors did something bad to them.... why am I not getting a free ride from all the European nations that conquered my ancestors home countries and forced them to immigrate here? I want my free money too. Oh wait, I'd rather work and make my own way in the world like a man.
March 27th, 2012 01:49 PM
Hmmm.All this time I thought the burden of proof was on the Government, what ever one it may be, to PROVE that the man with the gun did not have legal ownership of it.
In others words, you are innocent until proven guilty. Tribal Cops confiscating a legally owned firearm, are in effect saying that you guilty of something.
I'd say a lawsuit in order.
There is no legal requirement to prove that you own a firearm.To anyone.
This one stinks.
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March 27th, 2012 02:09 PM
Concealed is concealed. Even in the car, it doesn't need to be visible. This sounds like a shakedown on a public highway. Possession is proof of ownership in this case. The only time the "Nation" can rip you off is on tribal land, tribal roads, or their casinos.
Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776
Tu ne cede malis, sed contra audentior ito.
("Do not give in to evil but proceed ever more boldly against it.")
-Virgil, Aeneid, vi, 95
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