[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 7-8-1993 by Ord. No. 93-11; amended in its entirety 3-3-2016 by Ord. No. 15-39. Subsequent amendments noted where applicable.]
The Menominee Tribal Legislature, in an effort to sustain the
safety and general welfare of the Tribe, seeks to regulate the possession
and use of firearms and other dangerous weapons.
The Menominee Tribal Legislature is the legally constituted
governing body of the Menominee Indian Tribe with all governmental
powers vested in it in accordance with Articles I and III of the Menominee
Constitution and Article II, Section 2(g) of the Bylaws of the Constitution
of the Menominee Tribe.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Any ammunition or cartridge cases, primers, bullets, or propellant
powder designed for use in any firearm.
Any firearm manufactured in or before 1899 or replica of
any such firearm, or any muzzle-loading rifle, muzzle-loading shotgun,
or muzzle-loading pistol, which is designed to use black powder, or
a black powder substitute, and which cannot use fixed ammunition.
Physical pain or injury, illness, or any impairment of physical
condition.
A firearm or dangerous weapon is concealed if it is carried
in such a manner as to not be recognized by the ordinary observation
of a passerby. There is no requirement that there be absolute invisibility
of the firearm or dangerous weapon.
Any weapon, device, instrument, material, or substance, animate
or inanimate, that is used for, or is readily used for, or designed
as a weapon or through its use is capable of threatening or producing
death or bodily injury, including but not limited to knives, clubs,
metal knuckles, nunchaku, throwing stars, explosives, Taser® guns.
Any explosive, incendiary, or poison gas; any type of weapon
which may be readily converted to, expel a projectile by the action
of an explosive or other propellant, and which has any barrel with
a bore of more than 1/2 inch in diameter; the term "destructive device"
shall not include any device which is neither designed nor redesigned
for use as a weapon.
Any weapon (including a starter gun) which will or is designed
to or may readily be converted to expel a projectile by the action
of an explosive; the frame or receiver or any such weapon, including
antique firearms; any firearm muffler or firearm silencer; or any
destructive device.
Any device for silencing, muffling, or diminishing the report
of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a
firearm silencer or muffler, and any part intended only for use in
such assembly or fabrication.
Any weapon designed or redesigned, or made or remade, and
intended to have a short stock and be fired while held in one hand
and to use the energy of an explosive to expel a projectile though
a smooth or rifled bore.
The definition of "hunting" from Chapter 287, Conservation Code.
Any Menominee tribal police officer, Menominee tribal conservation
warden or other bona fide peace officers acting in their official
capacity.
The Menominee Tribal Legislature, the governing body of the
Menominee Nation.
Any of the following:
Endangering the safety of his or her own person or property
and/or the safety or property of another by a high degree of negligence
in the use of a firearm;
Causing injury to another person by a high degree of negligence
in the use of a firearm; or
Conduct which demonstrates ordinary negligence to a high degree,
consisting of an act which the person should realize creates risk
and high probability of serious property damage, death or great bodily
harm to himself or another person.
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a metallic cartridge
to fire through a rifled barrel a single projectile for each pull
of the trigger.
A public, parochial, tribal or private school on the Menominee
Indian Reservation which provides an educational program for one or
more grades between grades kindergarten and 12 and which is commonly
referred to as an "elementary school," "middle school," "junior high
school," "senior high school," "high school," "primary school" or
"tribal school." For purposes of this chapter, "school" also means
any Head Start or day-care facility or any college located on the
Menominee Indian Reservation.
A rifle having one or more barrels less than 16 inches in
length and any weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall length of
less than 26 inches.
A shotgun having one or more barrels less than 18 inches
in length and any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if such a weapon, as modified, has an
overall length of less than 26 inches.
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or
a single projectile for each single pull of the trigger.
The Tribal Law Enforcement Center (LEC) and the Wilmer J.
Peters Judicial Center, and any other tribal courtroom, judges'
chambers, witness rooms, jury deliberation rooms, prisoner holding
cells, offices of the court clerks, the Tribal Prosecutor, tribal
probation officers, and adjoining corridors of any court of the Menominee
Indian Tribe.
A building or part thereof owned or leased by the Menominee
Indian Tribe, where tribal employees are regularly present for the
purpose of performing their official duties.
A.
It shall be unlawful for any person to discharge any firearm within
300 feet of any home, business, tribal facility, or occupied structure,
subject to the following exceptions:
(1)
Law enforcement personnel acting within their official capacity.
(2)
Private or public shooting ranges, indoor or out, approved for use
by the Menominee Tribal Legislature.
(3)
Ceremonial discharges of weapons by military or veteran groups using
blank cartridges.
(4)
"Occupied structure" shall not include hunting blinds or stands.
B.
Any person found in violation of Subsection A shall:
(1)
On a first offense, be fined no less than $250, and the firearm may
be forfeited and disposed of by order of the Tribal Court.
(2)
On a second or subsequent offense occurring within five years, be
fined no less than $500, and the firearm shall be forfeited and disposed
of by order of the Tribal Court.
A.
At no time shall a person under 18 years of age discharge or possess
a firearm or dangerous weapon, except for a person under the age of
18 years may possess or discharge a rifle or shotgun, including muzzle-loaded
rifles or shotguns, if:
(1)
Possession or discharge occurs under the direct supervision and physical
presence of a parent, guardian or any adult person who has been given
such authority to do so by a parent or guardian;
(2)
Possession or discharge occurs under the direct supervision and physical
presence of a responsible third party who is at least 18 years of
age or older and they are in that act of hunting; or
(3)
A minor person 10 years of age or older, who is in the act of hunting
and has successfully completed a hunter safety course approved by
the Menominee Indian Tribe of Wisconsin.
B.
Notwithstanding Subsection A, no person under the age of 21 years of age shall possess or discharge a handgun unless possession or discharge occurs under the direct supervision and physical presence of a parent, guardian, or any adult person 21 years or older, who has been given such authority to do so by a parent or guardian.
C.
Penalties for violation of Subsection A.
(1)
A first violation shall result in a civil forfeiture of $250, and
the firearm involved may be forfeited and disposed of by order of
the Tribal Court.
(2)
A second and subsequent offense shall result in a civil forfeiture
of $500, and the firearm shall be forfeited and disposed of by order
of the Tribal Court.
A.
It shall be unlawful to hunt or discharge a firearm within 50 feet
of any paved public roadway within the Menominee Indian Reservation.
B.
It shall be unlawful for a person to carry a loaded firearm in an
automobile, truck, motorcycle or other vehicle on the paved, public
roadways of the Menominee Indian Reservation, except a person with
a valid tribal concealed carry permit may carry a loaded handgun.
C.
Convictions under this section shall result in the following:
(1)
A civil forfeiture of $250 shall be ordered upon conviction for a
first offense.
(2)
A civil forfeiture of $500 shall be ordered upon conviction for a
second offense occurring within five years.
(3)
A third or subsequent offense shall constitute a criminal violation
and shall result in a fine of $500 and a jail term not to exceed six
months, and the firearms involved shall be forfeited and disposed
of by order of the Tribal Court.
A.
Whomever does any of the following shall be found guilty of reckless
use of a firearm or dangerous weapon:
(1)
Endangers the safety or well-being of another person by reckless
conduct in the operation or handling of any firearm or dangerous weapon;
(2)
Operates or is armed with a firearm or dangerous weapon while he
or she is under the influence of an intoxicant, drug, or inhalant;
(3)
Intentionally points a loaded or unloaded firearm or dangerous weapon
at or towards another person, home, business, or occupied vehicle;
(4)
While on or near the lands of another person, discharges a rifle
within a five-hundred-foot radius of any building devoted to human
occupancy without the express consent of the owner or occupant of
the building.
(a)
Notwithstanding Subsection A(4), target shooting on a target range with an adequate backstop is permitted. An adequate backstop shall at least be a man-made earth embankment or a natural hill of appropriate size and shape, or fabricated backstops using steel or wooden cribs, capable of stopping the caliber, bullet weight, and resulting velocity of ammunition used.
B.
Conviction under Subsection A shall result in the following:
(1)
A first offense shall result in a fine of $500 and a jail term not
to exceed six months, and the firearms involved shall be forfeited
and disposed of by order of the Tribal Court.
(2)
A second offense shall result in a fine of $1,000 and a jail term
not to exceed nine months, and the firearms involved shall be forfeited
and disposed of by order of the Tribal Court.
(3)
A third or subsequent offense shall result in a fine of $2,500 and
a jail term not to exceed 12 months, and the firearms involved shall
be forfeited and disposed of by order of the Tribal Court.
C.
Whomever intentionally discharges a firearm at a vehicle or building
under circumstances in which he or she should realize there might
be a human being present therein shall be penalized as follows:
(1)
A first offense shall result in a fine not less than $1,000 and a
jail term not to exceed six months, and the firearms involved shall
be forfeited and disposed of by order of the Tribal Court.
(2)
A second or subsequent offense shall result in a fine of $2,500 and
a jail term not to exceed 12 months, and the firearms involved shall
be forfeited and disposed of by order of the Tribal Court.
Notwithstanding any provisions of this chapter, any person who
holds a valid concealed carry permit issued by the State of Wisconsin,
or from any state listed as eligible reciprocal states for obtaining
a State of Wisconsin permit, shall be able to apply for a five-year
tribal permit to carry a concealed handgun. The applicant must complete
the concealed carry permit application, pass the tribal background
check, and comply at all times with the requirements of this section.
A.
General information.
(1)
General process. The person who seeks to obtain a tribal concealed carry permit shall obtain an application from the Menominee Licensing and Permit Department. A tribal background check will be completed by the Menominee Tribal Clerk of Court and submitted to the Tribal Police Department to complete the background certification. The background certification shall be completed within 20 days and will determine if the applicant is eligible to be issued a tribal carry concealed permit under Chapter 321. Once submitted, the application shall follow the process requirements of § 321-8C.
(3)
Application requirements.
(b)
Show proof of current and valid driver's license or tribal
identification.
(c)
Photocopy of eligible state concealed weapon license or permit.
(d)
Fees.
[1]
Application fee. A nonrefundable application fee, except as described in § 321-8C(3)(d) and (e), shall be paid upon filing an application for a tribal concealed carry permit. The application fee shall be set by the Licensing and Permit Department and approved by a motion of the Tribal Legislature. Permit fees shall be posted for five business days before they shall become effective.
[2]
Renewal fee. A nonrefundable application renewal fee, except as described in § 321-8C(3)(d) and (e), shall be paid upon filing an application for a tribal concealed carry permit. The application fee shall be set by the Licensing and Permit Department and approved by a motion of the Tribal Legislature. Permit fees shall be posted for five business days before they shall become effective.
[3]
Replacement fee. The replacement fee shall be set by the Licensing
and Permit Department and approved by a motion of the Tribal Legislature.
Permit fees shall be posted for five business days before they shall
become effective.
(e)
The application and tribal law compliance statements shall require
original signatures. Photocopies are not permitted.
(f)
The application and renewal application shall be created by
the Licensing and Permit Department within 30 days of the effective
date of this chapter.
(4)
Denial of application.
(b)
If an applicant is denied under any section in Chapter 321, the Licensing and Permit Department shall inform the applicant, in writing, of the denial. The notice of denial shall state the reasons and factual basis for the denial decision. The notice of denial shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.
C.
Processing tribal permit application.
(1)
When the Licensing and Permit Department receives an application,
the Department shall do the following in the sequence listed:
(a)
Review application for completeness. An application is complete
when the Department has received all of the items listed below:
(b)
If an application is complete, the Licensing and Permit Department
shall forward the background check request to the Menominee Tribal
Courts, and the application shall proceed under as described below.
If an application is incomplete, the Licensing and Permit Department
shall reject it and shall send a written notice of the rejection to
the applicant at the residence address provided by the applicant in
the application form. The notice of rejection shall explain why the
application was found to be incomplete and what must be submitted
to complete the application.
(2)
When Tribal Court receives an application background check request,
the Court shall, within 20 days, do the following in the sequence
listed:
(a)
Conduct Tribal Court background check of the applicant. The background check shall include all Tribal Court criminal convictions, any Tribal Court orders restricting the possession of firearms, notification of charges of criminal cases that are active but not adjudicated, notification of active cases regarding mental health or competency of the applicant pursuant to § 321-8E.
(3)
When the Tribal Police Department receives the completed Tribal Court
background check, the Tribal Police Department shall have 20 business
days after the day receiving the tribal background check from the
Tribal Court to return the tribal background certification to the
Licensing and Permit Department. The Tribal Police Department shall
do the following in the sequence listed:
(a)
Forward the Tribal Court background check to the Tribal Prosecutor's Office and Tribal Probation Office requesting those departments review the background check and return any discretionary disqualifier decisions per § 321-8F by a date no later than the 15th day after the Police Department received the Tribal Court background check;
(b)
Confirm that the state concealed permit or license submitted
by the applicant has been issued to that applicant and is current
and effective;
(d)
If a permit is not prohibited under § 321-8D, E or F, the Police Department shall complete the background certification stating the applicant is not prohibited from possessing a permit and shall promptly send the certification to the Licensing and Permit Department. The certification shall be sent no later than the 20th business day after receipt of the background check. If the background certification is sent after the 20th business day, then the Department shall pay the application fee and the fee paid by the applicant shall be refunded. However, at no time shall a tribal permit be issued if the background certification has not been completed;
(e)
If a permit is prohibited under § 321-8D, E, or F, the Police Department shall complete the background certification form and shall deny the application. The certification and denial shall be promptly sent to the Licensing and Permit Department. The certification and denial shall be sent no later than the 20th business day after receipt of the background check. If the background certification and denial is sent after the 20th business day, then the Department shall pay the application fee and the fee paid by the applicant shall be refunded. However, at no time shall a tribal permit be issued if the background certification has not been completed.
(4)
When the Licensing and Permit Department receives the background
certification, the Department shall do the following:
(a)
If the background certification approves and states the applicant is eligible for a tribal permit, the Licensing and Permit Department shall issue the permit, assign a permit number, and promptly send notice requiring the applicant to come in to have the permit ID created pursuant to § 321-8B.
(b)
If the background certification states the issuance of permit is prohibited under § 321-8D, E of F, the department shall deny the application and proceed under § 321-8A(4)(b).
D.
Automatic disqualifiers. If the applicant for a tribal concealed carry permit is a fugitive from justice, prohibited from owning or possessing a firearm under Chapter 321 or by Tribal Court order, or has pending filed charges awaiting disposition or has been found guilty in Tribal Court of any of the following violations, he/she shall have his/her application denied.
(5)
Possession of a controlled substance with the intent to manufacture, distribute or deliver, § 306-5C.
(10)
Domestic violence enhancer - battery, child present, § 368-34A(2).
(11)
Domestic violence enhancer - battery, pregnancy, § 368-34A(1).
E.
Mental health automatic disqualifiers. Applications for a tribal
concealed carry permit shall be denied if:
(1)
The applicant has been found not guilty by reason of insanity or
mental disease, defect, or illness;
(2)
The person is committed to treatment under § 51.20(13)(a),
Wis. Stats.;
(3)
The person is committed to a treatment facility because the individual
is mentally ill, drug dependent, or developmentally disabled and the
court has ordered such a person not to possess a firearm;
(4)
The person is currently ordered by Tribal Court not to possess a
firearm under any order under the following Wisconsin Statutes:
(5)
The person is currently adjudicated to be legally incompetent; or
(6)
The person has been involuntarily committed to a mental institution.
F.
Discretionary disqualifiers. The application for a tribal concealed carry permit may be denied if the applicant has been convicted in Tribal Court for any other violation, which the Chief of Police, Prosecutor and/or Director of Probation feel shows a propensity for violence, thus putting the tribal members at risk if this individual were to be allowed to carry a concealed handgun. If the discretionary disqualifier portion of the background certification is not completed within the requirement pursuant to § 321-8C(3)(a), then the discretionary disqualification is waived.
G.
Permit expiration and renewal.
(1)
The Menominee tribal concealed carry permit shall be valid for five
years from the date of issuance, unless suspended or revoked before
the five-year expiration date.
(2)
Except as provided in § 321-8G(2)(a), a permittee who wishes to renew a concealed carry permit under this section shall do so not earlier than 90 days before the expiration date of the permit or at any time after the expiration date of the permit by filing a renewal application with the Licensing and Permit Department. Subsequent to the issuance of the renewal permit, that applicant has stated that he/she has reread Chapter 321 and paid a nonrefundable permit renewal fee per § 321-8A(3)(d).
(a)
A person on active duty in the Armed Forces of the United States
is exempt from the permit requirements of this section for the period
of the person's active duty or service and for six months if
the permittee was issued a concealed carry permit before the permittee's
active duty commenced.
H.
Lost, stolen or destroyed permit. Permit holders may request a replacement
permit, in writing, by submitting a completed and signed replacement
permit form. The replacement fee shall be shall be set by the Licensing
and Permit Department and approved by a motion of the Tribal Legislature.
Permit fees shall be posted for five business days before they shall
become effective.
I.
Permit revocation and suspension.
(1)
Permit suspension.
(b)
Any temporary suspension of a person's state carry concealed
permit shall result in a temporary suspension of the tribal concealed
carry permit.
(c)
A permit may be suspended by order of the Court as conditions
of release for cash bond/signature bonds, ordered as a condition of
probation, or for any violations of this chapter.
(2)
Permit revocation.
(b)
A revocation of the person's state carry concealed permit
shall result in a revocation of the tribal concealed carry permit.
(c)
Tribal concealed carry permits may be revoked for a limited
term or permanent term, and a person may become ineligible to receive
a tribal concealed carry permit in the future, as designated by order
of the Court and/or in the penalties described in this chapter.
J.
Tribal data system.
(1)
The Licensing and Permit Department shall create a database that is available to tribal law enforcement officers containing concealed carry permit information, to include, at a minimum, all the information required in § 321-8B(1).
(2)
The Licensing and Permit Department shall ensure the concealed carry
suspended permit and revoked permit information is available in this
database.
K.
Duties of concealed carry permit holders.
L.
Prohibited activities.
(1)
Places where weapons are always prohibited. A concealed carry permittee
may carry anywhere within the reservation except in any of the following
places:
(a)
Law enforcement offices and buildings;
(b)
Tribal jail;
(c)
Mental health treatment facilities;
(d)
Courthouses;
(e)
In or on the grounds of schools; and
(f)
Any duly posted facility prohibitions compliant with the posting/notice requirements of § 321-11D, except as provided in § 321-8K(3)(b), and shall be subject to the prohibitions and penalties in § 321-11.
(2)
A concealed carry permittee shall be prohibited from carrying a concealed
weapon while under the influence of any drug or under the influence
of intoxicating beverage.
(3)
Any person who violates § 321-8K(2) shall be punished by a fine not less than $250 nor more than $5,000 or a jail term not less than three months nor more than 12 months, or both; the firearms involved shall be forfeited and disposed of by order of the Tribal Court, and the concealed carry permit shall be revoked for one year. A second conviction of § 321-K(2) shall result in revocation of a concealed carry permit, and the person shall become ineligible to receive a tribal concealed carry permit.
A.
No person may sell, possess, use or transport the following firearms
or dangerous weapons:
(2)
Rifles, shotguns or handguns with serial numbers that have been altered.
(3)
Rifles, shotguns or handguns with serial numbers that have been obliterated.
(4)
Any firearm manufactured or altered to discharge more than two shots
or bullets by a single function of the firing device.
(5)
Any rifle having one or more barrels having a length of less than
16 inches measured from closed breach or bolt face to muzzle or a
rifle having an overall length of less than 26 inches.
(6)
Any shotgun having one or more barrels less than 18 inches measured
from closed breach or bolt face to muzzle or a shotgun having an overall
length of less than 26 inches.
(7)
Any dangerous weapon or any firearm in or on the grounds of a school.
B.
Any person convicted of violating Subsection A shall be penalized as follows:
(1)
A first offense shall result in a civil forfeiture not less than
$500, and the firearms involved shall be forfeited and disposed of
by order of the Tribal Court.
(2)
A second or subsequent offense shall result in a fine not less than
$1,000 and a jail term not to exceed six months, and the firearms
involved shall be forfeited and disposed of by order of the Tribal
Court.
A.
The following persons may not possess, transport, sell or discharge
a firearm or ammunition:
(1)
Any person convicted of a felony in any state, federal or tribal
court.
(2)
Any person found not guilty or not responsible for a crime in any
state, federal court, or tribal court by reason of insanity or mental
disease, defect or illness.
(3)
Any person ordered by a lawful and valid court order restriction
of possessing firearms and/or ammunition.
B.
Any person found guilty of violating Subsection A shall be penalized as follows:
(1)
A first offense shall result in a fine not less than $1,000 and a
jail term not to exceed six months, and the firearms involved shall
be forfeited and disposed of by order of the Tribal Court.
(2)
A second and subsequent offense shall result in a fine not less than
$2,500 and a jail term not to exceed 12 months, and the firearms involved
shall be forfeited and disposed of by order of the Tribal Court.
A.
Except as provided for in § 321-13, whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a tribal facility (other than a Tribal Court facility), or attempts to do so, shall be penalized as follows:
(1)
A civil forfeiture of $250 shall be ordered upon conviction for a
first offense.
(2)
A civil forfeiture of $500 shall be ordered upon conviction for a
second offense.
(3)
A fine not less than $1,000 nor more than $5,000 and jail term not
to exceed six months shall be ordered upon conviction for a third
or subsequent offense, and the firearms involved shall be forfeited
and disposed of by order of the Tribal Court.
B.
Except as provided for in § 321-13, whoever knowingly possesses or causes to be present a firearm in a private building with a publicly posted firearm restriction shall be penalized as follows:
(1)
A civil forfeiture of $250 shall be ordered upon conviction for a
first offense.
(2)
A civil forfeiture of $500 shall be ordered upon conviction for a
second offense.
(3)
A fine not less than $1,000 nor more than $5,000 and jail term not
to exceed six months shall be ordered upon conviction for a third
or subsequent offense, and the firearms involved shall be forfeited
and disposed of by order of the Tribal Court.
C.
Except as provided for in § 321-13, whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Tribal Court facility, or attempts to do so, shall be fined not less than $1,000 nor more than $5,000, a jail term not less than three months nor more than 12 months, or both, and the firearms involved shall be forfeited and disposed of by order of the Tribal Court.
D.
Notice of the provisions of § 321-11A, B, and C shall be posted conspicuously at each public entrance to each tribal facility, Tribal Court facility, or private building, and no person shall be convicted of an offense in § 321-11 if such notice is not so posted at such facility, unless such person had actual notice of Subsection A, B, or C, as the case may be.
E.
Any person with a valid tribal concealed carry permit and who violates § 321-8K(1) and thus is convicted under § 321-11A, B, or C shall for a first offense have his or her concealed carry permit revoked for one year. A second or subsequent conviction shall result in the revocation of the permit, and such person shall be ineligible for a tribal concealed carry permit.
A.
A person, under the jurisdiction of the Tribe, who is not permitted
by the Menominee Indian Tribe to carry a concealed handgun and who
carries a concealed weapon on or about his or her person shall be
punished by a fine not less than $250 nor more than $5,000 or a jail
term not less than three months nor more than 12 months, or both,
and the weapons involved shall be forfeited and disposed of by order
of the Tribal Court.
B.
Section 321-12A shall not apply to a person who carries a concealed weapon in that person's domicile or fixed place of business.
C.
Exceptions.
(1)
A firearm or dangerous weapon is considered concealed if it is:
(2)
A firearm or dangerous weapon is not considered concealed if it is:
(a)
Carried in a belt holster which is wholly or substantially visible,
or carried in a case designed for carrying a firearm or dangerous
weapon and which is wholly or substantially visible;
(b)
Locked in a closed trunk or luggage compartment of a motor vehicle;
or if no such compartment exists, is not readily or directly accessible
from the passenger compartment and in a locked container other than
the glove compartment or console;
(c)
Carried in the field while lawfully engaged in hunting, trapping,
gathering, or fishing, whether visible or not;
(d)
Carried by any person permitted to possess a handgun, unloaded
and in a secure wrapper from a place of purchase to that person's
home or place of business, or to a place of repair, or back from those
locations; or
(e)
A bow and arrow, an unloaded rifle or shotgun, or an unloaded
weapon that will expel or is readily capable of expelling a projectile
by the action of a spring, compressed air, or compressed gas, including
any such weapon commonly referred to as a "BB gun," "air rifle," or
"CO2 gun," while carried in a motor vehicle.
A person who knowingly makes a false statement regarding citizenship
or identity or other information on an application for a concealed
carry permit shall be guilty of providing false information. Any person
found guilty shall be subject to a fine of $500, shall have their
concealed carry permit revoked, and the person shall be permanently
ineligible for a tribal concealed carry permit.
A.
In addition to any requirements for the forfeiture and disposition
of weapons in any penalty sections of this chapter, the Menominee
Tribal Court may order forfeiture and disposition of weapons and firearms
which are proved to be:
(1)
Found concealed on a person not authorized by tribal law to carry
a concealed weapon, provided that it is an absolute defense to forfeiture
if the person possessed a valid Menominee concealed carry permit within
the preceding two years and has not become ineligible for a concealed
carry permit in the interim. Before the firearm may be returned, the
person must submit a new tribal application, pay the renewal fees.
(2)
In the possession of a person prohibited from possessing the firearm
or weapon.
(3)
In the possession of a person who is any place in which a concealed
carry permit is required and who is under the influence of any drug
or under the influence of intoxicating beverage.
(4)
In the possession of a person free on bail or personal recognizance
pending trial, appeal, or sentencing for a tribal crime in which a
firearm was used or displayed.
(5)
In possession of a person found to have been mentally incompetent
while in possession of a firearm when apprehended.
(6)
Used, possessed, or displayed by a person in the violation of a proper
written order of the Court.
(7)
Used in the commission of a crime in which a firearm was used or
displayed.
(8)
Used in the commission of any crime against any person or any attempt
to commit any crime against any person.
B.
In violations that may result in forfeiture of weapons or firearms,
the Court shall consider case-specific factors, including but not
limited to the seriousness of the offense and nature of the crime,
the manner in which it was committed, and the impact on victims, regret
or remorse expressed by the defendant, whether an education of weapons
use, such as a hunters' safety course, might be an reasonable
alternative to forfeiture.
C.
Upon order of forfeiture, the Court in its discretion may order the
destruction or disposition of any forfeited firearm. Nothing in this
section shall prohibit the retention of firearms needed for evidence.
If any portion of this chapter is found to be unconstitutional
or in violation of applicable federal law, the remainder of this chapter
shall remain in effect.
This chapter shall take effect upon final approval by the Menominee Tribal Legislature and specifically replaces Chapter 120, Attachment 1, Section 11.40.
