Author Topic: Carrying in Oklahoma on Choctaw Nation Property  (Read 2491 times)

RiverKing

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Carrying in Oklahoma on Choctaw Nation Property
« on: April 04, 2016, 11:29:10 AM »
I've searched this forum and the web for answers to my questions but had no success.  The situation is that we frequently visit Oklahoma to go to casinos on Choctaw Nation property.  I know my TX CHL is honored in OK but, since we have no casinos in TX, the legality of carrying there is unclear to me.  Then there's the question of whether tribal law has anything to say on the matter and, in either case, does it take precedence over state law?

So I really have several related questions about my trips to Oklahoma:
  • Can I carry on Choctaw Nation property just as I would elsewhere in Oklahoma?
  • Can I carry in hotels and restaurants not part of but attached to a casino?
  • Can I carry in a casino?
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TexasLawShield

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Re: Carrying in Oklahoma on Choctaw Nation Property
« Reply #1 on: April 06, 2016, 04:34:33 PM »
RiverKing,

The analysis of carrying firearms at a Native American owned casino should proceed as follows:

1.  Is the Choctaw Nation a governmental entity that is recognized through treaty with the United States; the answer is yes; or does it function as a governmental entity to the extent that Oklahoma recognizes the Choctaw Nation as a governmental entity; the answer is yes.

a.  Oklahoma recognizes the Choctaw Indian Nation as a governmental entity in at least the following capacity:  The Choctaws are allowed by the State of Oklahoma to issue license plates for cars; the Choctaws are allowed to own and operate Indian Smoke Shops for the sale of tobacco products and the Choctaws are allowed by statute to manage the collection of sales taxes related to tobacco; the Choctaws, by virtue of being a state recognized federal authority are able to obtain a gaming license to conduct gaming operations in the State of Oklahoma; the Choctaw Nation has its own jurisdiction, laws and police force on "Indian Land, reservations, casinos, parking lots and real estate owned by the tribe".

b.  In order to sue the Choctaw Nation, a suit must be initiated under the Oklahoma Government Tort Claim act for any civil wrong.

c.  Thus, by inference for purposes of hypothetical discussion, The Choctaw Nation is a federal governmental authority recognized by the State of Oklahoma and the United States Government.

d.  21 O.S. Section 1277 prohibits the unlawful carry of a firearm in certain places such as any structure or building owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public.  For purposes of this discussion the Choctaw Nation would be considered  a federal governmental authority. There are exceptions for parking lots set aside for the public use. Please review Section 1277 for a complete explanation.

The answer to your first question is yes. Yes, one may carry on Choctaw Indian Nation property just like one carries a firearm on State of Oklahoma property( State Parks) taking due care that there may be tribal and federal laws limiting the carrying of firearms on Indian Reservations, Indian hunting areas, Indian fishing areas and other areas beyond the consideration of Indian Casinos.

2.  One cannot carry a firearm in any building owned or leased by a recognized Native American Tribe that is used by the tribe for the purpose of conducting business with the public:  this includes the Choctaw Nation. Therefore, the hotels and restaurants that are attached to the casino, if also owned by the Choctaw Nation, would be prohibited areas for the carrying of a firearm.

3.  One cannot carry a firearm, under the authority of the Oklahoma SDA, in a Casino owned by any governmental authority.