PRAIRIE ISLAND INDIAN COMMUNITY

PRAIRIE ISLAND INDIAN COMMUNITY

FIREARM ORDINANCE

Adopted, as Amended, by Resolution No. 03-07-10-55

of the Prairie Island Community Council

On July 10, 2003

PRAIRIE ISLAND INDIAN COMMUNITY

FIREARM ORDINANCE

Section 1.1. Policy. It is the policy of the Prairie Island Indian Community to protect the

safety and welfare of persons within the Community by strictly regulating the carrying and

discharge of firearms within the Community.

Section 1.2. Definitions.

A.

"The Community" means all lands owned by the United States in trust for

the Prairie Island Indian Community in Minnesota.

B.

"Firearm" means a gun that discharges shot or a projectile by means of an

explosive, a gas, or compressed air, and includes pistols.

C.

“Pistol” means a weapon designed to be fired by the use of a single hand

and with an overall length less than 26 inches, or having a barrel or barrels of a length less

than 18 inches in the case of a shotgun or having a barrel of a length of less than 16 inches

in the case of a rifle (a) from which may be fired or ejected one or more solid projectiles

by means of a cartridge or shell or by the action of an explosive or the igniting of flammable

or explosive substances; or (b) for which the propelling force is a spring, elastic band,

carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejecting

a shot measuring .18 of an inch, or less, in diameter and commonly known as a “BB gun,”

a scuba gun, a stud gun or nail gun used in the construction industry or children’s pop guns

or toys.

Section 1.3. Applicability. This Ordinance shall apply to members and non-members of

the Prairie Island Indian Community, whether or not such persons may have a gun permit

from the United States or the State of Minnesota or any political subdivision of the State.

Section 1.4. Exclusion for Law Enforcement Officers

Notwithstanding Section 1.3 above, this Ordinance shall not apply to on-duty law

enforcement officers of the United States, on-duty peace officers as defined by Minnesota

state law, or on-duty police officers of the Prairie Island Indian Community.

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Section 1.5. Transport and Carrying of Firearm.

A.

Transport in a Motor Vehicle. No person shall transport in a motor vehicle

any firearm at any time within the Community outside the person's own residence unless

the firearm is unloaded (without ammunition in the barrel or magazine, if a magazine is in

the firearm). In the case of a pistol, it must also be fully contained in a locked gunbox. In

the case of a firearm other than a pistol, it must also be enclosed in a gun case expressly

made to contain a firearm, and the case must fully enclose the firearm by being zipped,

snapped, buckled, tied, or otherwise fastened, and no portion of the firearm may be

exposed.

B.

Carrying in an Open Manner. No person shall carry on his/her person in an

open manner any firearm at any time within the Community outside the person's own

residence unless the firearm is unloaded (without ammunition in the barrel or magazine, if

a magazine is in the firearm). In the case of a pistol, it must also be fully contained in a

locked gunbox. In the case of a firearm other than a pistol, it must also be enclosed in a

gun case expressly made to contain a firearm, and the case must fully enclose the firearm

by being zipped, snapped, buckled, tied, or otherwise fastened, and no portion of the

firearm may be exposed.

C.

Carrying in a Concealed Manner. No person shall carry on his/her person

in a concealed manner, any firearm at any time within the Community outside a person’s

own residence.

D.

Carrying in a Prairie Island Indian Community-Owned Building or Facility.

No person shall carry on his/her person in either an open or concealed manner any firearm

into a Prairie Island Indian Community-owned building or facility, or into a Prairie Island

Indian Community-owned parking lot or facility.

E.

Subsections A. and B. shall not apply if:

1.

The person is actually hunting pursuant to a valid Prairie Island

Indian Community hunting permit within areas designated for

hunting by duly enacted resolution of the Prairie Island Indian

Community Tribal Council, or

2.

The person is shooting nuisance animals with a firearm other than a

rifle on property assigned to the person, and if the person has a

permit from the Prairie Island Indian Community Tribal Council to

shoot nuisance animals.

F.

No Prairie Island Indian Community law enforcement officer shall grant to

any person a permit to carry or transport a firearm pursuant to any federal, state or tribal

law.

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Section 1.6. Discharge of Firearm. No person shall discharge a firearm at any time

within the Community. This section shall not apply if:

A.

The person is actually hunting pursuant to a valid Prairie Island Indian

Community hunting permit within areas designated for hunting by duly enacted resolution

of the Prairie Island Indian Community Tribal Council, or

B.

The person is shooting nuisance animals with a firearm other than a rifle on

property assigned to the person, and if the person has a permit from the Prairie Island Indian

Community Tribal Council to shoot nuisance animals.

Section 1.7. Discharge of Firearm So As To Endanger. No person shall discharge a

firearm at any time within the Community in such a way that may endanger the health or

safety of any person or that may endanger any other person's property.

Section 1.8. Penalties for Violation. Any person who violates any provision of this

Ordinance shall be subject to the following civil penalties, in addition to any other

applicable penalties under state or federal law:

A.

B.

For a violation of section 1.5.A and 1.5.B:

1.

For conviction of a first offense, a civil fine of five hundred dollars.

2.

For conviction of a second or more offense, a civil fine of one

thousand dollars.

3.

Conviction of a third or more offense, a civil fine of one thousand,

five hundred dollars. The conviction of a third or more offense shall

also constitute conclusive evidence that the person poses a serious

threat to the Community health, safety, or welfare, based upon

which the Tribal Council may direct that the person be excluded

from the Reservation for a period of not less than six months and not

more than eighteen months.

4.

If the Prairie Island Indian Community Tribal Court makes a

specific finding of extraordinary or aggravated circumstances, the

court may impose penalties of up to triple the above fines.

For a violation of section 1.5.C. or 1.5.D., Civil Fines:

1.

For conviction of a first offense, a civil fine of seven hundred and

fifty dollars.

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C.

2.

For conviction of a second or more offense, a civil fine of one

thousand, five hundred dollars.

3.

Conviction of a third or more offense, a civil fine of five thousand

dollars. The conviction of a third or more offense shall also

constitute conclusive evidence that the person poses a serious threat

to the Community health, safety, or welfare, based upon which the

Tribal Council may direct that the person be excluded from the

Reservation for a period of not less than six months and not more

than eighteen months.

4.

If the Prairie Island Indian Community Tribal Court makes a

specific finding of extraordinary or aggravated circumstances, the

court may impose penalties of up to triple the above fines.

For a violation of section 1.5.C. or 1.5.D., 1.6, and 1.7 Seizure and

Forfeiture:

1.

A law enforcement officer of the United States, a peace officer as

defined by Minnesota state law, or a police officer of the Prairie

Island Indian Community may seize any firearm that is carried in

violation of section 1.5.C. or 1.5.D., 1.6 or 1.7.

2.

A firearm that is seized pursuant to this section shall be held by the

law enforcement department effecting the seizure, subject to the

order of the Prairie Island Indian Community Tribal Court.

3.

Unless the Prairie Island Indian Community Tribal Court orders

otherwise, a firearm seized pursuant to this section shall be forfeited

when the person from whom the firearm was seized is convicted of

a violation of section 1.5.C. or 1.5.D., 1.6 or 1.7 of this Ordinance.

A firearm seized pursuant to this section shall be returned to the

person from whom it was seized upon acquittal or dismissal of the

charged violation.

4.

Forfeited firearms may be destroyed or retained for use at the

discretion of the Community Chief of Police.

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D.

For a violation of section 1.5.C. or 1.5.D., 1.6 and 1.7, Trespass and

Removal

1.

A person violating section 1.5.C or 1.5.D., 1.6 or 1.7 shall be

considered a trespasser on Community land and a law enforcement

officer of the United States, a peace officer as defined by Minnesota

Law, or a police officer of the Prairie Island Indian Community may

remove such person from a Community facility or from Community

land.

E. For a violation of section 1.6:

F.

1.

For conviction of a first offense, a civil fine of one thousand, five

hundred dollars.

2.

For conviction of a second or more offense, a civil fine of three

thousand dollars, and a suspension of per capita distributions to the

person (if such person is a Qualified Member of the Community) for

the two months following conviction.

3.

Conviction of a third or more offense, a civil fine of five thousand

dollars. The conviction of a third or more offense shall also

constitute conclusive evidence that the person poses a serious threat

to the Community health, safety, or welfare, based upon which the

Tribal Council may direct that the person be excluded from the

Reservation for a period of not less than six months and not more

than eighteen months.

4.

If the Prairie Island Indian Community Tribal Court makes a

specific finding of extraordinary or aggravated circumstances, the

court may impose penalties of up to triple the above fines.

For a violation of section 1.7:

1. For conviction of a first or more offense, a civil fine of five thousand

dollars. Such conviction shall also constitute conclusive evidence that

the person poses a serious threat to the Community health, safety, or

welfare, based upon which the Tribal Council shall direct that the person

be excluded from the Reservation for a fixed period of not less than six

months and not more than eighteen months, or both.

G.

All penalties imposed by the Tribal Court under this Ordinance shall be paid

within 30 days of the date of imposition. In the event that Tribal members

do not pay an imposed penalty within 30 days of imposition, the applicable

fine will be deducted from the member’s per capita distribution.

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H.

All penalties imposed by the Tribal Court under this Ordinance shall be paid

to the Clerk of the Prairie Island Indian Community Tribal Court.

Section 1.9. Jurisdiction of Prairie Island Indian Community Tribal Court. The

Prairie Island Indian Community Tribal Court shall have jurisdiction to enforce the

provisions and penalties of this Ordinance upon a presentation of a complaint by the Prairie

Island Indian Community Tribal Council or persons designated by the Council, by an adult

member of the Prairie Island Indian Community, or by a law enforcement officer of the

United States, a peace officer as defined by Minnesota state law, a police officer of the

Prairie Island Indian Community, or a security officer authorized by the Prairie Island

Indian Community Tribal Council. Prosecution of the complaint may be carried out by the

Complainant or by a person designated by the Prairie Island Indian Community Tribal

Council notwithstanding whether such person is an attorney and notwithstanding whether

such person has been admitted to practice law before the Prairie Island Indian Community

Tribal Court.

Section 1.10. Severability. If any part of this Ordinance is found to be invalid by a court

of competent jurisdiction or by the Department of the Interior, it shall be severed and the

remaining parts of the Ordinance shall remain in full force and effect.

Section 1.11. Applicability of Indian Civil Rights Act. This Ordinance will be

enforced in compliance with the protections afforded by the Indian Civil Rights Act

of 1968, 25 U.S.C. §§ 1301 – 1341.

Section 1.12.

enactment.

Effective Date.

This Ordinance shall take effect immediately upon

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