So does McGirt apply to everyone?

I want to apply for the McGirt law, or I want to transfer for the McGirt law." Well, first off McGirt is not a law, it's a case. And second, it only applied to the Muscogee Nation.

They've dropped the Creek off of it, so just Muscogee Nation. However, after the McGirt decision, there were several others decisions that came through, such as the Hogner decision for the Cherokees. Sizemore, Bosse, these are for other tribes.

Now, just because there are certain tribes that have been declared reservations and not really declared, I guess rediscovered they are reservations doesn't mean this applies to every case. It doesn't mean it applies to every tribe.

So, if you're in an area where there's not a tribe that has been declared a reservation by an appellate court, then no, McGirt is not going to really apply to you. In fact, what it means is that you will not be able to piggyback on that decision and be able to get out of jail, which is what a lot of people are trying to do.

Now, does that mean that you're in an area that's never going to be a reservation? Well, no because a lot of the other tribes are now going through their treaties.

Attorneys are starting to look through it, but it takes a lot of time and a lot of effort to go through and look through all these treaty documents and history to determine if there was a reservation and if it's still maintained.

For example, the Osage Nation. Now the Osage County, massive county because it was a large Indian reservation. And people talk about the Osage. The Osage have more rights to different things than even the Cherokees or others do.

Need An Attorney? Give us a call at 918-879-1681 or submit a legal question at [ Ссылка ]

Want The Transcript? [ Ссылка ]

Join The Group! Have an Oklahoma legal question? There's a Facebook Group for that. Join me and the discussion by clicking the link and hitting "Join:"
[ Ссылка ]

свернуть