Carrying on Indian reservations - the definitive answer
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joelr
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Post subject: Posted: Tue Dec 12, 2006 8:45 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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It's not just a technical issue. It's just-this-side of impossible to force a County Attorney to prosecute somebody if he or she chooses not to.
And when it comes to getting justice through the legal process, do remember the wise and somewhat rhetorical question that David Gross has been known to pose: "Just how much justice can you afford?"
_________________ Just a guy.
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Pakrat
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Post subject: Posted: Tue Dec 12, 2006 10:53 am |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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Dick Unger wrote: Pakrat wrote: Dick Unger wrote: County Attorney files the charges. Be sure to first get elected County Attorney. then you're good to go. I'm sure SethB meant he'd file a police report... geez. No one really cares enough about the legal terminology to actually run for county attorney. If you keep correcting something that is inconsequential, people will stop speaking to you. Sorry you're frustrated, We're been playing a role here. In real life, people feel a lot worse dealing with these issues. You can lose a lot more than your gun relying of the clearly written law. The world has not yet found a way to resolve this stuff and it holds everybody back.
You're quoting me and commenting on the thread. I'm not talking about the thread, I'm talking about your borderline condesending comment. You attempted to make SethB look smaller because he said "I'd file charges" instead of "call the police" or "file a police report".
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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Dick Unger
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Post subject: Posted: Tue Dec 12, 2006 11:43 am |
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Joined: Sun Aug 28, 2005 2:54 am Posts: 2444 Location: West Central MN
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Well, I didn't want Seth to feel bad.
I did make an purposefully sharp reply to illustrate what the real world attitude is if somebody tried to file charges of gun theft against a tribal cop who acted in the course of his duties on a reservation. Condescending? Most definitely. But intended as an illustration, not a very good one on my part, or maybe it did work with some people.
Going farther out on the limb, Seth is everyman, who naturally expects justice and courteous treatment from police and the legal system. Based in my experience, that's what you'd get in this hypothetical (condescention) instead of what you deserve.
Seth's comment was not anything he should feel bad about. His comment is exactly what most of the world was thinking IMHO. My coment is what a prosecutor or policeman would be thinking, if not saying.
_________________ "America, One Nation, Under Surveillance ..."
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SethB
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Post subject: Posted: Tue Dec 12, 2006 1:43 pm |
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Joined: Sun Aug 14, 2005 10:02 pm Posts: 818 Location: downtown Mpls
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joelr wrote: It's not just a technical issue. It's just-this-side of impossible to force a County Attorney to prosecute somebody if he or she chooses not to.
And when it comes to getting justice through the legal process, do remember the wise and somewhat rhetorical question that David Gross has been known to pose: "Just how much justice can you afford?"
I certainly agree on the first part. But forcing isn't necessarily what you need to do; persuading works much better (and leaves forcing ("writ of mandamus") as a fallback option).
And you do only get as much justice as you can afford, but there are many ways of affording it: money, political influence, publicity, . . .
Anyway, I did mean that I'd file the charges with the police. (And, if I thought it would do any good, with the newspapers, and any other publicity available. Would a tribe that makes its money from tourism (gambling) want to be known for stealing the property of visitors under color of law?)
Which reminds me, there's also Federal charges to consider: Deprivation of Civil Rights while acting in official capacity (whatever the technical phrase is; you know, the one they charged the LA cops with).
And if I were in a really bad mood and happened to come across the individual off the reservation, there's always Citizen's Arrest.
I do know it's better not to get involved in such problems in the first place, I'm just pointing out that there can be problems on both sides. But then, I'm the type of bicycle rider who is willing to explain to drivers who think they own the road that their fender will cost more to replace than my bicycle (and in one case, when someone threatened to kick my ass, I pointed out that I rode a bicycle up the hill, he pushed a gas pedal in his mother's car; did he really want to get into an ass-kicking contest?)
More simply, you can't win, so you're better off not playing. But it's possible to ensure that the other guy doesn't win, either.
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Glock 10mm
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Post subject: Posted: Tue Dec 26, 2006 6:25 pm |
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Member |
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Joined: Sun Aug 14, 2005 12:25 pm Posts: 22 Location: God's Country, Northern MN
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I asked a Red Lake Tribal Police officer this afternoon if the tribe would recognize a MN Permit to Carry a Pistol.
His answer was yes, and that there are people living on the reservation with permits to aquire/carry.
He also went on to say that just because they recognize it as a legitimate and lawful permit doesn't mean they would anymore in the event you were forced to use your sidearm against somebody on the reservation.
_________________ GLOCK packin' mofracky
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Mike
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Post subject: Posted: Tue Dec 26, 2006 7:34 pm |
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Senior Member |
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Joined: Thu Oct 12, 2006 7:18 pm Posts: 402 Location: Saint Paul
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That they think they can pick and choose on the issue is the problem IMHO. It demonstrates a tremendous lack of respect for the whole concept of law.
_________________ Mike
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Pakrat
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Post subject: Posted: Tue Dec 26, 2006 10:31 pm |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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Mike wrote: That they think they can pick and choose on the issue is the problem IMHO. It demonstrates a tremendous lack of respect for the whole concept of law.
[Assuming you are speaking of the Red Lake Reservation]
Lack of respect of the law that gives them the right to create and enforce their own laws? Non-indian humans are lucky the Red Lake tribe allows them to step onto their land.
It's not a lack of respect, it's taking advantage.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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Carbide Insert
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Post subject: Posted: Wed Dec 27, 2006 9:16 pm |
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Poet Laureate |
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Joined: Sat Aug 19, 2006 11:36 am Posts: 760 Location: Hutchinson, MN
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Hijack on:
You know what I find quite funny as I click on Minnesota Carry Issues? This thread is called " Carrying on Indian Reservations - the Definitive Answer", and it has 66 replies; more than any other discussion.
Humorously Ironic in my opinion.
What we need is a competition with a thread right above this one called " Carrying on USPS Reservations - the Definitive Answer", and see which will win the most number of posts.
Hijack off.
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Pakrat
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Post subject: Posted: Thu Dec 28, 2006 1:26 am |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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Certainly I'm not trying to offend our newer users. There has been a rash of posting on older posts, and there are so many opinions that no one seems to listen. There was a thread were I commented on this (slightly in jest). People have been posting without reading the entire thread. So they end up asking the same question(s) that have been discussed already in the same thread.
_________________ Minnesota Permit to Carry Instructor; Utah Certified CFP Instructor
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mo_the_mouse
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Post subject: Posted: Thu Dec 28, 2006 11:08 am |
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Longtime Regular |
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Joined: Mon Oct 31, 2005 9:48 am Posts: 517 Location: Coon Rapids
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Pakrat wrote: Certainly I'm not trying to offend our newer users. There has been a rash of posting on older posts, and there are so many opinions that no one seems to listen. There was a thread were I commented on this (slightly in jest). People have been posting without reading the entire thread. So they end up asking the same question(s) that have been discussed already in the same thread.
And the thread hijacks add to the post count as well. NOT that I would know anything about that....
_________________ MADFI Certified Instructor
NRA Certified Instructor
That is all....
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hammAR
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Post subject: Posted: Thu Dec 28, 2006 11:23 am |
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Joined: Fri Dec 16, 2005 7:54 pm Posts: 1941 Location: N 44°56.621` W 093°11.256 (St Paul)
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Carbide Insert wrote: Hijack on: You know what I find quite funny as I click on Minnesota Carry Issues? This thread is called " Carrying on Indian Reservations - the Definitive Answer", and it has 66 replies; more than any other discussion. Humorously Ironic in my opinion. What we need is a competition with a thread right above this one called " Carrying on USPS Reservations - the Definitive Answer", and see which will win the most number of posts. Hijack off.
You forgot to add " Law v.s. Rights in Carrying past Legal Postings - the Definitive Answer"
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DieselDood
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Post subject: Posted: Sun Apr 01, 2007 5:36 pm |
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Senior Member |
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Joined: Sat Dec 16, 2006 2:19 pm Posts: 208 Location: Ramsey
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OK...
I realize this is an Older thread. Yes I read the whole thing.
Here is what I know.
Last year I met a Gentleman that was Gambling at Grand Casino Hinkley. (one of the casions in question, not Red Lake, etc)
He is/was a taller and heavier built Gentleman. The chairs at the slot machines are bolted to the floor. This can, for obvious reasons, be unkind to a big guy. As he was getting up to leave the machine his feet caught the chair and he fell. When he fell he hit his head on one of the machines. The damage was a broken neck.
They rushed him to a hospital, used HIS insurance and he got the best care possible. This got him the ability to still "walk" with heavy help of a cane. BUT, he doesn't move very well, and litterally can not feel his arms or legs. His torso is also VERY insensitive.
The Casino sent him a "get well soon" card. Nothing else. Because it is a Sovergined nation, they are not required to have insurance. Also because the Casino is owned by the "Nation" you can't sue a nation.
Now...if this happened at the Excel center, ALL of his bills as well as a hefty settlement wouldn't have been much of an issue.
Why did I bother telling this story? Because IF they were to take your gun, legal or not, you can ATTEMPT to sue them. Criminal or Civil, it doesn't matter. You may as well try to rope the wind. Yes He tried, to no avail. If you want his number, feel free to message me. He owns a resort up north.
_________________ Springfield 1911A1 Loaded Champion
911 a Government Sponsored Dial-a-Prayer
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Brewman
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Post subject: Posted: Mon Apr 02, 2007 6:57 am |
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Longtime Regular |
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Joined: Mon Aug 08, 2005 2:39 pm Posts: 1132 Location: Prior Lake, MN
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In order to sue the tribe, you'd need to get their permission first.
I'm guessing that's something that they don't hand out left and right.
Happens occasionally out at Mystic Lake. Someone slips on a wet floor, or gets hurt on a hazzard that could be considered negligence were it not on the reservation.
Proceed at your own risk.
_________________ Brewman
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DieselDood
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Post subject: Posted: Mon Apr 02, 2007 7:05 am |
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Senior Member |
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Joined: Sat Dec 16, 2006 2:19 pm Posts: 208 Location: Ramsey
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Brewman wrote:
Proceed at your own risk.
Exactly. And I really think that COULD (not would) be the case here.
What is legal, and what realistically may happen have the potential to be 2 different things.
_________________ Springfield 1911A1 Loaded Champion
911 a Government Sponsored Dial-a-Prayer
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JohnK87
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Post subject: Posted: Tue Apr 14, 2009 7:58 am |
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Joined: Mon Apr 13, 2009 12:41 pm Posts: 72 Location: Hastings
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Well, I'm not going to worry about it much. I don't go to the casino unless I have to (work meeting or something) and I don't travel through there with my firearm because I can't have it in my car at work, either.
_________________ M&P40c in a Supertuck and Kel-Tec PF9 in Don Hume pocket holster.
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