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Is the Sfae Act enforcble on the NY Reservations


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Culver

 

As against non-tribal members, the safe act is enforceable.  The State (and Feds) has jurisdiction.  Since the safe act violations are not listed as major crimes under the US Code, as against tribal members, neither the Feds nor State have jurisdiction to enforce the law in Indian Country (which includes reservations).

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Culver

 

As against non-tribal members, the safe act is enforceable.  The State (and Feds) has jurisdiction.  Since the safe act violations are not listed as major crimes under the US Code, as against tribal members, neither the Feds nor State have jurisdiction to enforce the law in Indian Country (which includes reservations).

 So to the ammunition question. If they did sell it on the Res (Not technically NY) a non-tribal member wouldn't have to worry about a background check? Kind of like buying in PA?

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Very good pronunciation Wooly.  I am an expert in native American dialects.  Learned everything I know from listening to the Hekawi indians on reruns of F-Troop.  LOL

weren't they the surviving members of that tribe that got lost all the time. The Fungawee. They always greeted any one they met by saying "We're the Fungawee"

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 So to the ammunition question. If they did sell it on the Res (Not technically NY) a non-tribal member wouldn't have to worry about a background check? Kind of like buying in PA?

 

Not sure about whether a non-tribal member could be charged for buying ammo without the background check.  Under the safe act, is it the responsibility of the seller or buyer to ensure compliance?  For example, sales tax is the responsibility of the buyer, even though the seller collects it.  All depends on the language of the safe act, which I don't know off-hand.  If it says that the buyer must undergo a background check before buying, maybe they could be charged.  If it says that the seller must conduct a background check before selling, then probably not.  As a practical matter, I suspect non-members will get away with it if the tribes sold ammo.

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Not sure about whether a non-tribal member could be charged for buying ammo without the background check.  Under the safe act, is it the responsibility of the seller or buyer to ensure compliance?  For example, sales tax is the responsibility of the buyer, even though the seller collects it.  All depends on the language of the safe act, which I don't know off-hand.  If it says that the buyer must undergo a background check before buying, maybe they could be charged.  If it says that the seller must conduct a background check before selling, then probably not.  As a practical matter, I suspect non-members will get away with it if the tribes sold ammo.

Perfectly legal to buy out of state and bring it in. Also totally legal to buy from a private party. (both with no background checks)

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 So to the ammunition question. If they did sell it on the Res (Not technically NY) a non-tribal member wouldn't have to worry about a background check? Kind of like buying in PA?

I would say no. They are not really buying it in NY state. Isn't a Res. its own  nation?? Could be wrong.  

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