Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?

Abstract

This essay examines tribal laws relating to guns. It then discusses whether tribes whose values accord with either gun bans or stand-your-ground laws would be well-served to enact such laws. It concludes that enforcement difficulties and related problems make both types of laws very costly and that tribes are likely to be best served by enacting more modest firearm regulations and/or protecting the right to bear arms (without expanding the right to self-defense). The essay also concludes that the risks tribes face in the area of firearms regulation in particular contravene Congress' intent in enacting the Indian Civil Rights Act.

Keywords: Native Americans, self-defense, stand-your-ground laws, the right to bear arms, gun bans, firearm regulations, guns, firearms, tribes, Indians, Indian Civil Rights Act, tribal jurisdiction, concealed weapon, crime, violent crime, separation of powers, 2nd Amendment, Second Amendment, Castle Doctrine

JEL Classification: H77, J18