Right to Hunt

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Right to Hunt

By Madelyn Jarrett

Story Published: Jul 14, 2008 at 11:19 PM MST

Story Updated: Jul 15, 2008 at 7:41 AM MST

BILLINGS - The 9th Circuit Court of Appeals is now hearing the case of a Billings man who claims he's being denied the right to hunt, based on his race.

The case centers on a Montana law which says it's illegal to hunt big game on an Indian reservation, unless you're Native American. Billings resident Randy Roberts owns land on the Crow Reservation and is fighting that law. Mountain States Legal Foundation President Perry Pendley stopped in town Monday night to speak about the case to a group at the Knights of Columbus.

"Montana has said if someone is an Indian and is a member of a tribe they can hunt. If someone is a non Indian and not a member of a tribe they may not hunt. And we think that is a discrimination on the basis of race and violates the equal protection clause." In the past, the state has argued it's decision to deny big game hunting on reservations to non-natives is meant to comply with treaties the state made with Montana's Indian tribes.

Tuesday, Jul 15 at 10:32 PM Rob Torner wrote ...

Indian is not a race. in the U.S. "Indian" is a legal standing one may be granted by a federally recognized Indian Tribe. There are 567 tribes in that category. They choose their own members. To argue one is discriminated against because they are not an Indian is like arguing that one is being discriminated against because they are not a member of the New York Yankees. Only the Yankees can make you a Yankee.

Tuesday, Jul 15 at 2:42 PM CUB4 wrote ...

Other bro. Darrell: Who do you thinking gaming compacts involve? The NIGRA is a federal act allowing states and tribes to negotiate gaming compacts. One SD tribe allows deer hunting on the rez one week earlier than the state. Good point Dennis.

Tuesday, Jul 15 at 11:22 AM Dennis wrote ...

Are you kidding me? Montana hasn't said a person who's not Native can't hunt; just that they can't hunt on a Reservation. Propaganda is insulting to intelligent people.

Tuesday, Jul 15 at 10:07 AM Darrell Shay, Fort Hall, Idaho wrote ...

No state has the authority to enter into a treaty with any Indian Tribe. This is federal authority, so Montana did not enter into a treaty with the Crow, only the US Government has that authority.

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