Chapter 4.85
FIREARMS DISQUALIFICATION

Sections:

4.85.010    Purpose.

4.85.020    Firearms prohibition.

4.85.030    Penalty.

4.85.010 Purpose.

It shall be the purpose of this chapter to prohibit any person who has been convicted of a crime of domestic violence under tribal, state or federal law, or any person who is subject to an order of protection based upon a finding that the person represents a credible threat of violence to the victim, under tribal, state or federal law, from possessing a firearm. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.10.010.]

4.85.020 Firearms prohibition.

It shall be unlawful for any person to possess a firearm who:

A. Is subject to any court order from a court of competent jurisdiction that restrains such person from injuring, harassing, stalking or threatening a family or household member or engaging in any other conduct that would place a family or household member in reasonable fear of bodily injury, except that this subsection shall apply only to those orders that:

1. Were issued after a hearing of which such person received actual notice and had the opportunity to participate; and

2. Include a finding that such person represents a credible threat to the physical safety of such household or family member; or

3. By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such household or family member.

B. Has been convicted in state, federal or tribal court of any crime of domestic violence that involved the use or attempted use of physical force, or the threatened use of physical force, or the threatened use of a deadly weapon against a household or family member.

C. A person subject to an order issued under subsection A or B of this section may petition the Court for partial restoration of firearm use privileges. The person shall have the burden of demonstrating that:

1. The person no longer constitutes a threat against any household or family member; and

2. Prior to issuance of the order, that the person used a firearm for subsistence hunting.

If the Court finds that the person has met the requirements of subsections (C)(1) and (C)(2) of this section, the Court may exercise its discretion to allow the person to use a firearm for subsistence hunting during authorized hunting seasons. Said firearm shall be stored at Tribal Law Enforcement and may only be released during hunting seasons under terms and conditions set by the Court. Said firearm may only be used for subsistence hunting. The person shall not be allowed to possess or otherwise bring said firearm or any other firearm into the person’s residence. Violation of these conditions shall result in immediate revocation of firearm use privileges. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.10.020.]

4.85.030 Penalty.

Violating the firearms requirements set forth in CTC 4.85.020 shall be considered a crime of domestic violence for the purposes of this division. Any related sentences for a violation of this section or any other subsection of this code shall be served consecutively. [Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.10.030.]