Makah Law and Order Code
Enacted: 1999
TITLE 10: WEAPONS CONTROL ORDINANCE
CHAPTER 1
Definitions
For the purpose of this Title, unless the context clearly indicates other wise, the following terms shall have the meanings ascribed to them in this Chapter 1:
§10.1.01. "Weapon" means any weapon or device
capable of propelling a missile through the force of compressed air
or gas, or through the force of combustion or explosion of gun powder
or other chemical substance, or through the contraction or expansion
of any rubber band, string or spring, or similar device, and includes
compressed air rifles, pistols, sling shots and bows.
§10.1.02. "Law Enforcement Officer" means any
person who by virtue of his office or public employment is vested by
law with authority to maintain public order or to make arrests for offenses.
CHAPTER
2
Juveniles
§10.2.01. It shall be unlawful for any person under eighteen (18) years of age to use or possess a weapon; provided, that any juvenile sixteen (16) years of age or older who has completed the Weapons Training Course described in §10.3.01 below and has been awarded the Weapons Safety Certificate the Chief of the Makah Tribal Police as provided in §10.3.01, shall not be subject to the provisions of this §10.2.01.
CHAPTER
3
Weapons Safety Training Course
§10.3.01.
The Chief or the Makah Tribal Police is authorized and directed to establish
and conduct a Weapons Safety Training Course and to award a Weapons
Safety Certificate to any and all persons who satisfactorily completed
the course. Classes shall be conducted in accordance with recognized
weapons safety standards, shall be provided at no charge to enrolled
members of the Tribe, and shall commence during June of every year;
provided that such courses shall also commence at such other times as
the Council may hereafter direct.
CHAPTER
4
Target Range Established
§10.4.01.
A target range is hereby established at Koitlah Point as specifically
designated on the attached "Weapons Control
Map." Target shooting shall be permitted only during the daylight
hours.
CHAPTER
5
Prohibited Acts
§10.5.01. Any person who, without lawful authority to do so, carried loaded weapon in a vehicle on a public road, has on his person a weapon with intent unlawfully to assault another, discharges any kind of weapon from, upon or across any public highway, carries a weapon concealed upon his person, threatens to use or exhibits a weapon in a dangerous and threatening manner, or uses a weapon in a fight or quarrel, shall be deemed guilty of a Class B offense.
§10.5.02. Any person who discharges any weapon or possesses
any loaded weapon in any area designated as "CLOSED" on the
attached Weapons Control Map, except a law enforcement officer in the
discharge of official duty, or an officer or member of the Armed Forces
of the United States or the National Guard in the discharge of official
duty, shall be a guilty of a Class C offense.
CHAPTER
6
Sanctions
§10.6.01 Criminal
Any person subject to the criminal jurisdiction of the Makah Tribal Court who shall violate the provisions of Chapter 5 of this Title shall be subject to prosecution in accordance with the procedures set forth in Title 2 of the Makah Law and Order, and if convicted shall be subject to the penalties set forth in Title 5 of the Code.
§10.6.02 Juvenile
Any juvenile
subject to the jurisdiction of the Makah Juvenile Court who shall violate
the provisions of Chapter 2 or 5
of this Title shall be deemed guilty of a delinquent act. Procedures
and dispositional alternatives shall be governed by
Title 6 of the Makah Law and Order Code.
§10.6.03 Civil Exclusion
Any person who is not subject to the criminal or juvenile jurisdiction of the Makah Tribal Court who shall violate any of the provisions of this Title shall be subject to exclusion from the Makah Reservation pursuant to Title 9 of the Law and Order Code.
CHAPTER
7
Seizure and Forfeiture
§10.7.01 Nature of Proceedings
The forfeiture proceeding established in this Chapter is a civil in rem proceeding established to protect tribal property and to safeguard the health, safety and general welfare of the members of the Tribe, other residents of the Reservation, and visitors to the Reservation by regulating the use and disposition of weapons. It is remedial in nature and under the conditions described below can be invoked to protect the Tribe from the possession and use of weapons contrary to the provisions of this Title.
§10.7.02 Seizure
Any tribal law enforcement officer may seize without warrant any weapon or ammunition which he has reason to believe has been used or possessed contrary to the provisions of this Title, if:
- The
seizure is necessary to safeguard life and property from injury;
or
- There is a special need for prompt action because it is likely that the person using or possessing the weapon in violation of this Title either will continue to do so, or will leave the Reservation and not return.
The property seized shall be itemized and taken to the office of the Chief of the Makah Tribal Police and placed in the custody of the Makah Indian Tribe. The officer making the seizure shall immediately notify the Court Clerk and/or the Chief Judge of the Tribal Court.
§10.7.03 Redemption Before Hearing
At any time after a seizure of property under §10.7.02 above, but before the forfeiture hearing described in §10.7.04 below, the owner of such property may secure its release by:
- providing
proof of ownership of such property; and
- making payment in accordance with a schedule of money due for each prohibited activity, which schedule shall have been approved by the Tribal Council, and posted in a conspicuous location at the Makah Tribal Court and Makah Tribal Police Station;
to the Clerk of the Makah Tribal Court. Upon receipt of such proof of ownership and such payment, the Clerk shall direct the Chief of Police to release the seized property to its owner.
§10.7.04 Forfeiture Hearing
Unless
an extension is requested by the person from whom property was seized
under this Title, or by the owner of such property, the Tribal Court
shall hold a Forfeiture Hearing within ten (10) days after the seizure.
A minimum of five (5) days notice of the date, time and place of the
hearing shall be provided to the person from whom the property was seized,
and to anyone else timely requesting such notice. At the hearing the
Court shall determine whether the property was lawfully seized under
§10.7.02, and whether the property was in fact being used in violation
of this ordinance. If the Court answers both questions in the affirmative,
it shall order the property (or the payment made under §10.7.03
above) forfeited. If not, it shall order the property (or the payment
under §10.7.03 above) returned to its owner. The Tribal Prosecutor
shall represent the Tribe at the hearing and shall have the burden of
proof by a preponderance of the evidence. At any time prior to the hearing
the owner of the property may stipulate to forfeiture of the property
(or of the payment made under §10.7.03 above), whereupon the hearing
shall be canceled.
§10.7.05 Forfeiture - Disposition of Property
In the even the Tribal Court orders forfeiture of any property seized
under this Chapter, the Chief of Police shall issue notice of public
sale of the seized property, and shall sell the property at public sale
at the time and place indicated on such notice. Any funds received through
payment under §10.7.03 above or the sale provided for in this section
shall be turned over to the Tribal Council to defray the costs of the
regulation of weapons on the Reservation and the enforcement of this
Title.
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CHAPTER
8
Severability
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IN
REPLY REFER TO:
Memorandum Date: September 30, 1999 Reply
to Subject:
MAKAH Tribal Council Resolution No. 208-99
To:
Regional Director, Northwest
Regional Office
The resolution is provided for your review pursuant to Section 2 of Article VI of the Constitution and By-laws of the Makah Indian Tribe which provides:
If
you have any questions on this matter, please do not hesitate
to contact this office at
/s/
w/Enclosure |
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