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Tribal Police are Stealing my Guns

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htmedic

Junior Member
What is the name of your state (only U.S. law)? Oklahoma.

My sister and I were given permission from my native friend to test our brand new guns on his property. While out testing our sites on our guns we fired a couple of shots at a target we had brought with us, and next thing we know my friends aunt is out screaming at us that we are trespassing on her property. I showed her the note that my friend had written for us giving us permission to be on the land and even called my friend to have him speak with his aunt. The aunt wouldn't speak to him and said she was calling the Tribal Police because we were tresspassing and bullets were wizzing by her house. My sister and I were apologetic telling the woman that we were not tresspassing we had permission to be on the land and that evidently we were on the wrong side of the land and that we ment no harm. The aunt calls the Tribal police and the officer tells my sister an I that he could ticket us for our guns, bullets, tresspassing, and fire arms on tribal land, but since we were clearly in the wrong place at the wrong time and it simply looked like an honest mistake he would only take our guns and give us a $500 ticket a piece. The Tribal officer said if we didn't show up in court we would automatically lose our guns (12g shot gun, 22 rifle, and 243 rifle) and that it would go on our credit report cause it was a tribal ticket and since we are white we didn't have to go, but if we did go we would have the chance to get our guns back and maybe a smaller fine. We attended the first court date and I took my native friend with us. He explained to the DA guy that it was simply a mistake and that the land is shared by his entire family and we were just on the wrong spot and that we ment no harm. The DA asked us how we felt about losing our guns because he did not tolerate guns on tribal land. I told him my 22 rifle was not an option as it was given to me by my dead grandfather and it was his when he was a little boy so it ment a lot to me. The DA says he will postpone our court date til aug. and for us to give him a call in a week. When we called the DA he said he would give me back the 22 rifle that was my grandfathers but he wanted the other two guns destroyed and for us to pay a $250 court fine a piece. So our question is beings we are not formiluar with tribal laws, how can they give me my 22 rifle back yet not the other guns?? and are they just robbing us of our guns, and should we take this plea bargain and walk away?? or is there a way in which we can fight this as we truly ment no harm and did not intensionally do wrong?? the only other option the DA gave us was trial in tribal court. We don't mind paying the fines we would just like our guns back. Is there nothing we can do?? Please help us as this is stressing us out bad as we feel we are being wronged in a major way by the tribal court.
 


racer72

Senior Member
You need an attorney familiar with tribal law, it is not the same as the laws of your state. Tribal courts are also under federal not state jurisdiction. You cannot do this yourself.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Oklahoma.

My sister and I were given permission from my native friend to test our brand new guns on his property. While out testing our sites on our guns we fired a couple of shots at a target we had brought with us, and next thing we know my friends aunt is out screaming at us that we are trespassing on her property. I showed her the note that my friend had written for us giving us permission to be on the land and even called my friend to have him speak with his aunt. The aunt wouldn't speak to him and said she was calling the Tribal Police because we were tresspassing and bullets were wizzing by her house. My sister and I were apologetic telling the woman that we were not tresspassing we had permission to be on the land and that evidently we were on the wrong side of the land and that we ment no harm. The aunt calls the Tribal police and the officer tells my sister an I that he could ticket us for our guns, bullets, tresspassing, and fire arms on tribal land, but since we were clearly in the wrong place at the wrong time and it simply looked like an honest mistake he would only take our guns and give us a $500 ticket a piece. The Tribal officer said if we didn't show up in court we would automatically lose our guns (12g shot gun, 22 rifle, and 243 rifle) and that it would go on our credit report cause it was a tribal ticket and since we are white we didn't have to go, but if we did go we would have the chance to get our guns back and maybe a smaller fine. We attended the first court date and I took my native friend with us. He explained to the DA guy that it was simply a mistake and that the land is shared by his entire family and we were just on the wrong spot and that we ment no harm. The DA asked us how we felt about losing our guns because he did not tolerate guns on tribal land. I told him my 22 rifle was not an option as it was given to me by my dead grandfather and it was his when he was a little boy so it ment a lot to me. The DA says he will postpone our court date til aug. and for us to give him a call in a week. When we called the DA he said he would give me back the 22 rifle that was my grandfathers but he wanted the other two guns destroyed and for us to pay a $250 court fine a piece. So our question is beings we are not formiluar with tribal laws, how can they give me my 22 rifle back yet not the other guns?? and are they just robbing us of our guns, and should we take this plea bargain and walk away?? or is there a way in which we can fight this as we truly ment no harm and did not intensionally do wrong?? the only other option the DA gave us was trial in tribal court. We don't mind paying the fines we would just like our guns back. Is there nothing we can do?? Please help us as this is stressing us out bad as we feel we are being wronged in a major way by the tribal court.
I'm sorry, but there are no members of this forum (that I am aware of) who are experienced in tribal law. From that perspective, it sounds to me like you WERE trespassing ("...we were on the wrong side of the land..."). I would suggest you consult local directories for attorneys who are experienced in tribal law.
 

Ladyback1

Senior Member
Reservations/Tribal Lands all have different laws/rules. They are, for lack of a better phrase, countries unto themselves. The tribal council of each individual tribe carries an enormous amount of weight w/ the tribal police.

If you choose to fight this, you need an attorney well-versed in this particular Tribe's laws/rules as well as BIA laws (Bureau of Indian Affairs)....and I would suggest finding a Native American attorney to boot.

(I'm in MT---we have 4 or 5 Reservations, a couple of considerable size. I would never deal w/ tribal issues without an attorney!:eek:)
 

CSO286

Senior Member
And my experience with tribal law is limited to family court/child support issues, but what I can tell you is this: Nine times out of ten, the tribes make and change thier own laws at the drop of a hat.

I'm very sorry for yoiur situation.
 

swalsh411

Senior Member
Off topic but the only experience I have ever had (and hope to ever have) dealing with a tribe was when an employee of ours was fired and decided to drive his company car to his brother's house on a reservation. He flat out stole that car and it took almost a year to get it back. We actually had to bribe the police in order to get a tow truck onto the reservation and tow it out, and to add insult to injury it was in such poor condition from neglect and damage that it had to be scrapped.
 

LdiJ

Senior Member
Me, I would consider myself lucky that I was getting back my grandfather's gun and then chalk the whole thing up to bad Karma.
 

CSO286

Senior Member
OP, I hate to say but here's the deal boiled right down:

You were on tribal land discharging weapons without permission of the landowner. You're quite lucky that all they intend to do is confiscate (not steal) the firearms you were unlawfully discharging.

You're flat-out blessed they will return one to you.
 

htmedic

Junior Member
Thank you all for your wonderful advice I am considering myself lucky and taking the plea and am going to try my hardest to never deal with tribal court again..
 

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