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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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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.
 

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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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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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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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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.
 

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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."
 

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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
 

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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.
 

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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?
Tribal lands and courts do NOT have criminal jurisdiction over non-Indian people. Thus you can drive through and stay on the roads and they have no jurisdiction over you, as long as your a non-Indian. Simply do not hike or make use of their parks. Casinos are also off limits. However, you may keep your unloaded firearm in a locked or concealed in your vehicle.

There are exceptions of course to the criminal jurisdiction over non-Indians. If you commit murder or rape, then you can be charged in federal court. However misdemeanor crimes, or simply having a legal firearm iS something the Do not have jurisdiction. Also do not enter any building carrying. Concealed or open.
 

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9 years later, question resolved. ⏳
 
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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.
There is no single rule that applies in all cases. Each tribe, each treaty, each reservation is unique to some degree. Some reservations are essentially sovereign nations while others are less autonomous. There are several reservations in New Mexico (some spanning borders into other states), each belonging to a particular tribe and established under a particular treaty at a specific point in time, and I doubt that any two are quite the same in every particular of tribal laws.

A possible point at which to start your inquiries might be the US Bureau of Indian Affairs, usually maintaining offices in fairly close proximity to the reservations. You will probably receive more accurate information than what you might get on an internet forum.

In my experience inquiries direct to tribal government offices receive only perfunctory responses. It seems that quite a few of the people still mistrust or dislike anyone outside their tribes. Years ago, as a criminal investigator for a state agency, my cases occasionally took me onto the Southern Ute Reservation (southwest Colorado) and there was never more than a token of cooperation by tribal authorities or tribal police. At one time I was pointedly told to leave immediately, which I did.
 

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Tribal lands and courts do NOT have criminal jurisdiction over non-Indian people. Thus you can drive through and stay on the roads and they have no jurisdiction over you, as long as your a non-Indian. Simply do not hike or make use of their parks. Casinos are also off limits. However, you may keep your unloaded firearm in a locked or concealed in your vehicle.

There are exceptions of course to the criminal jurisdiction over non-Indians. If you commit murder or rape, then you can be charged in federal court. However misdemeanor crimes, or simply having a legal firearm iS something the Do not have jurisdiction. Also do not enter any building carrying. Concealed or open.
Okay, not entirely true. While Tribal Courts do not have jurisdiction over non-Indians, Tribal police do have some. For a criminal violation they must site a non-Indian into the US Magistrate Court. That said 70 is a State Highway and as long as you stay on 70 and leave your gun in your vehicle you will have no problems.

As a side note NM has a State Police Department NOT a Highway Patrol. And yes there is a huge difference!
 

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In 1996 the tribal leaders threatened to shut down state roads through their lands.

The state has agreements with tribes for highway rights-of-way across Indian lands.

Handgunlaw.us for guidance..
NM statutes regarding carry on tribal lands:
29-19-10. Validity of License on Tribal Land. A concealed handgun license shall not be valid on tribal land, unless authorized by the governing body of an Indian nation, tribe or pueblo.
 
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