HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 3 – HEALTH AND SAFETY CODE

SECTION 11 – WEAPONS CODE

ENACTED BY LEGISALTURE: AUGUST 7, 2012

CITE AS: 3 HCC § 11

1. Authority.

a. Article V, Section 2(a) of the Constitution of the Ho-Chunk Nation (“Constitution”)

grants the Legislature the power to make laws, including codes, acts, resolutions, and

statutes.

b. Article V, Section 2(h) of the Constitution grants the Legislature the power to enact all

laws prohibiting and regulating conduct, and imposing penalties upon all persons

within the jurisdiction.

c. Article V, Section 2(l) of the Constitution grants the Legislature the power to enact

laws to manage, permit, or otherwise deal with the Nation’s lands, interests in lands or

other assets.

d. Article V, Section 2(o) of the Constitution grants the Legislature the power to enact

laws to regulate and zone any lands within the jurisdiction of the Ho-Chunk Nation.

e. Article V, Section 2(t) of the Constitution grants the Legislature the power to enact

laws governing law enforcement on lands within the jurisdiction of the Nation.

f. Article V, Section 2(u) of the Constitution grants the Legislature the power to enact

laws to regulate domestic relations of persons within the jurisdiction of the Nation.

2. Purpose. The purpose of this Code is to regulate the use and possession of weapons at all

the gaming or non-gaming facilities and public spaces owned and/or operated by the HoChunk Nation.

3. Definitions. For the purposes of this Code, the following terms are defined as follows:

a. “Facility” includes any gaming or non-gaming business or governmental entity and its

parking lot, owned or leased by the Ho-Chunk Nation. This definition does not include

properties primarily used for residential living.

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b. “Public spaces” includes all parks, powwow grounds, and any space available for

community use which is owned and/or managed by the Ho-Chunk Nation, excluding

areas specifically designated for hunting.

c. “Weapon” includes an air gun, any firearm, whether loaded or unloaded; any device

designed as a weapon and capable of producing death or great bodily harm; any ligature

or other instrumentality used on the throat, neck, nose, or mouth of another person to

impede, partially or completely, breathing or circulation of blood; any electric weapon;

a billy club; or any other device or instrumentality which, in the manner it is used or

intended to be used, is calculated or likely to produce death or great bodily harm.

4. General Weapons Policy. No person, including the Nation’s Security Department

personnel, will possess or be permitted to possess any weapon, whether concealed or in

plain view, within or on any of Ho-Chunk Nation gaming or non-gaming facilities and

public spaces. Weapons will be allowed in areas specifically designated for hunting by the

Ho-Chunk Nation Department of Natural Resources.

5. Exceptions.

a. Gaming Facilities. Section four (4) of this Code, will not apply to law enforcement

officers, including the Ho-Chunk Nation officers, who are acting in an official capacity

and have jurisdiction; or to an armored car representative employed by the Nation for

the transfer of funds to or from financial institutions; or to the Nation’s authorized

security personnel, acting in an official capacity; or upon notice or special permit set

by the Gaming Commission for specific purposes or events, as set out in the GAMING

ORDINANCE. See 5 HCC § 1.23.

b. Non-Gaming Facilities. Section four (4) of this Code, will not apply to law

enforcement officer, including Ho-Chunk Nation officers, who are acting in an official

capacity and have jurisdiction; or to the bailiff of the Ho-Chunk Nation Judiciary,

acting in an official capacity; or to an armored car representative employed by the

Nation for the transfer of funds to or from financial institutions; or to the Nation’s

authorized security personnel, acting in an official capacity; or upon notice or special

permit set by the Director of the Ho-Chunk Nation Department of Natural Resources.

c. Additional Exceptions. Off-duty police officers, hunters, and conceal carry permit

holders, will be allowed to store their weapons within their personal vehicles at any of

the Nation’s gaming or non-gaming parking lots. Except that no weapons will be

allowed within any school or school parking lot owned or operated by the Ho-Chunk

Nation. This exception will apply to gaming and non-gaming parking lots only and

does not allow off-duty police officers, hunters, and conceal carry permit holders to

bring any weapon within the gaming or non-gaming building located on the property.

i.

Hunters are only allowed to store firearms and other weapons, in the

Nation’s parking lots, if they have the appropriate hunting license or

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other valid permit, and the firearm and/or weapons are appropriate for

that type of license or permit.

ii.

Any individual allowed to store a weapon, under this provision, must

have the weapon unloaded and fully encased.

6. Notice. Each facility shall post clearly visible signs that inform all persons entering the

Nation’s gaming and non-gaming facilities that weapons are not allowed on the premises,

in accordance with 3 HCC § 11. These signs shall be posted at all entrances of the buildings

and parking lots.

7. Enforcement and Penalty.

a. Any violations of this Code may be subject to court action brought by the Attorney

General in the Ho-Chunk Nation Trial Court.

i.

The Attorney General may request that the persons in violation of this

Act be temporarily or permanently banned from the Nation’s facilities,

or any other appropriate remedy.

b. Persons cited under this Code shall be subject to a monetary forfeiture of not less than

$100.00, and not more than $1,000.00. Persons cited under this Code shall have the

right to contest the citation within the Ho-Chunk Nation Trial Court.

8. Liability. The Nation will not be held liable for any damages or injuries that may occur in

violation of this Code.

Legislative History:

10/18/11 HCN Legislature adopts Resolution 10-18-11A to place Weapons Code out for 45 Day Public

Comment (posted 11-04-11; end date is 12-19-11)

08/07/12 Legislature adopts the Weapons Code, Resolution 08-07-12C

01/28/25 Technical Correction to format the Title and Renumbering of Sections of the Code.

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