Column: Does Indian Gaming Regulatory Act outlaw firearms?

As for tribal casinos, when you go onto a reservation, you have effectively entered onto sovereign land and are subject to tribal law. Even if you are carrying a firearm with a permit or license that is valid in the state where the reservation is located, it might not be valid on the reservation.

The law on this subject is complicated at best. The answer depends upon each tribe’s treaty with the state, federal laws that govern that tribe and specific laws within each tribe. One lawyer I spoke with stated that the Indian Gaming Regulatory Act prohibits firearms in all casinos on tribal property. Another attorney was firm in his conviction that no federal regulation prohibiting firearms in Indian casinos exists. He believes the federal government left this decision to the individual tribes or states.

The general rule is that there is no general rule. There is simply no way I can make a blanket statement about carrying a firearm into a casino. Personally, I believe that most casinos ban the carrying of firearms as a matter of policy, with signs prohibiting firearms posted at all entrances of the casino. Those who enter with a firearm will most likely be accused of criminal trespass.