Legal Question in Native American Law in New York

Guns and Cigarettes

Guns

How do state and federal gun laws affect Native Americans on reservations? Do all the same state and federal laws apply?

Is gun registration required?

Cigarettes

At what point are federal and state laws on the transportation of cigarettes applicable to Native Americans?

Is it illegal to transport cigarettes between reservations?


Asked on 6/06/04, 4:50 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Guns and Cigarettes

You have asked a lot of fairly complex questions in a specialized area of law, alot of which depends upon the Native American Nation and the State at issue. Sometimes Federal law applies, it depends. If you're facing criminal charges, your best bet is to contact a local lawyer who specializes in this area.

What you can do, however, is to look for some of the criminal cases involving tobacco sales off reservation on the federal court opinions, most of which are easily accesible on-line. Many times these involve people carrying tobacco off-res and you might find guidance there.

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Answered on 6/07/04, 7:57 am


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