For purposes of this chapter, the following terms are defined
as follows:
A box, drum, tube or other container which is capable of
holding more than 10 rounds of ammunition to be fed continuously and
directly into a firearm.
The following firearms:
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Algimec AGMI type
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Any shotgun with a revolving cylinder, such as the "Street Sweeper"
or "Striker 12"
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Armalite AR-180 type
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Australian automatic arms SAR
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Avtomat Kalashnikov-type semiautomatic firearms
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Beretta AR-70 and BM59 semiautomatic firearms
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Bushmaster assault rifle
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Calico M-900 assault carbine and M-900 CETME G3
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Chartered Industries of Singapore SR-88 type
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Colt AR-15 and CAR-15 series
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Daewoo K-1, K-2, Max 1 and Max 2, AR 100 types
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Demro TAC-1 carbine type
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Encom MP-9 and MP-45 carbine types
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Famas MAS223 types
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FN-FAL, FN-LAR or FN-FNC type semiautomatic firearms
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Franchi SPAS 12 and LAW 12 shotguns
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G3SA type
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Galil type Heckler and Koch HK91, HK93, HK94, MP5, PSG-1
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Intratec TEC 9 and 22 semiautomatic firearms
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M1 carbine type
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M14S type
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MAC 10, MAC 11, MAC 119MM carbine-type firearms
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PJK M-68 carbine type
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Plainfield Machine Company carbine
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Ruger K mini-14/5F and mini-14/5RF
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SIG AMT, SIG 550SP, SIG 551SP, SIG PE-57 types
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SKS with detachable magazine type
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Spectre Auto carbine type
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Springfield Armory BM59 and SAR-48 type
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Sterling MK-6, MK-7 and SAR types
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Steyr AUG semiautomatic firearms
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USAS 12 semiautomatic-type shotgun
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UZI type semiautomatic firearms
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Valmet M62, M71S, M76 or M78 type semiautomatic firearms
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Weaver Arm Nighthawk
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Any firearm manufactured under any designation which is substantially
identical to any of the firearms listed above.
A semiautomatic shotgun with either a magazine capacity exceeding
10 rounds, a pistol grip or a folding stock.
A semiautomatic rifle with a fixed magazine capacity exceeding
10 rounds.
A part or combination of parts designed or intended to convert
a firearm into an assault firearm, or any combination of parts from
which an assault firearm may be readily assembled if those parts are
in the possession or under the control of the same person.
The internal length of a firearm, as measured from the face
of the closed breech of the firearm when it is unloaded to the forward
face of the end of the barrel.
Any knife, firearm, other weapon defined in this chapter or
any other deadly weapon, except a hunting knife adapted and carried
as such; and
That which is wholly or partially covered by the clothing or
wearing apparel of the person carrying the weapon or is carried any
place within the occupant compartment of a motor vehicle; and
Provision shall not apply to any one-armed person carrying a
knife on his person in connection with living requirements.
Except as otherwise specifically defined in the chapter,
shall be any handgun, rifle, shotgun, machine gun, automatic or semiautomatic
rifle, or any gun, device or instrument in the nature of a weapon
construed to include any weapon from which a dangerous projectile
may be propelled by using explosives, gas or air as a means of propulsion,
except any smooth-bore rifle or handgun designed and manufactured
exclusively for propelling BBs not exceeding 0.177 caliber by means
of spring, gas or air.
Any place within a motor vehicle that is accessible from
the driver or passenger seats, including any glove or utility compartment
or other container, whether affixed or not, but does not include a
trunk that is not accessible to the occupant compartment.
A firearm designed or redesigned, made or remade, and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed metallic cartridge
to fire only a single projectile through a rifled bore for each single
pull of the trigger.
A rifle having one or more barrels less than 16 inches in
length or a firearm made from a rifle, whether by alteration, modification
or otherwise, if the firearm as modified has an overall length of
less than 26 inches.
A shotgun having one or more barrels less than 18 inches
in length or a firearm made from a shotgun, whether by alteration,
modification or otherwise, if the firearm as modified has an overall
length of less than 26 inches.
A firearm designed or redesigned, made or remade, and intended
to be fired from the shoulder and designed or redesigned and made
or remade to use the energy of the explosive in a fixed shotgun shell
to fire through a smooth or rifled bore either a number of ball shot
or a single projectile for each single function of the trigger.
Any instrument, firearm, article or substance which, regardless
of its primary function, is readily capable of being used to produce
death or serious bodily harm. This includes a dirk; dagger; stiletto;
a double-edged nonfolding stabbing instrument of any length or any
knife having the appearance of a pocket knife, the blade or blades
of which can be opened by the flick of a button, pressure on the handle,
spring, other mechanical contrivance or other device in the handle;
pistol; revolver; slingshot; sword cane; billy club; knuckles made
of any metal or other hard substance; knife having a blade at least
four inches long; nonsafety-type razor; electromuscular disruption
device; or any other deadly weapon, except a hunting knife adapted
and carried as such.
A.
Offense. A person other than a law enforcement officer engaged in
official duties commits the offense of unlawful use of a weapon if
he or she:
(1)
Discharges a firearm in the proximity of any other person, building
or vehicle so as to knowingly or recklessly endanger a person or property;
or
(2)
Carries a firearm while under the influence of alcohol of 0.02% blood
alcohol level or greater or any detectable amount of a controlled
substance; or
(3)
Handles, points or uses a firearm or other dangerous weapon so as
to knowingly or recklessly endanger the safety of another; or
(4)
Possesses, obtains, receives, sells or uses a short-barreled rifle
or short-barreled shotgun.
B.
Firearm and large-capacity ammunition magazine ban. It shall be unlawful
for any person to manufacture, sell, offer or display for sale, give,
lend, transfer ownership of, acquire, carry or possess any assault
weapon or large-capacity ammunition magazine in excess of 10 rounds
on Nottawaseppi Huron Band of the Potawatomi tribal land. This subsection
shall not apply to:
(1)
The sale or transfer to or possession by any officer or agent of
the NHBP or any other municipality, tribal nation or state, or peace
officers to the extent that any such person named in this subsection
is otherwise authorized to acquire or possess an assault weapon and/or
large-capacity magazine and does so while acting within the scope
of his or her duties;
(2)
Transportation of assault weapons or large-capacity magazine if such
weapons are broken down and in a nonfunctioning state and are not
immediately accessible to any person.
(3)
Assault firearms that are licensed, registered or rendered inoperable.
C.
Violation. Any assault weapon or large-capacity ammunition magazine in excess of 10 rounds possessed, carried, sold or transferred by a NHBP tribal member or member of a federally recognized tribe in violation of Subsection B of this section is hereby declared to be contraband and shall be seized in accordance with the provisions of § 8.6-32.
D.
Acquired rights. Any person, including persons who prior to the effective
date of the code codified in this section was legally in possession
of an assault weapon or large-capacity magazine prohibited by this
article shall have sixty (60) days from the effective date of the
chapter to do any of the following without being subject to prosecution
hereunder:
(1)
To legally remove the assault weapon or large-capacity magazine from within the limits of any land subject to the Tribe's criminal jurisdiction as described in NHBP Criminal Law and Order Act, § 8.6-1 of this title of the Code; or
(2)
To modify the assault weapon or large-capacity magazine either to
render it permanently inoperable; or
(3)
To surrender the assault weapon or large-capacity magazine to the Chief of the NHBP Tribal Police Department or his designee for disposal per § 8.6-32; or
(4)
Apply for an applicable permit registering the automatic assault
weapon or large-capacity ammunition magazine in excess of 10 rounds.
(a)
The NHBP tribal police will keep and maintain a record of individuals
that have automatic assault weapons or large-capacity ammunition magazines
in excess of 10 rounds.
(b)
Upon the death of the individual that had registered the automatic
assault weapon, the new owner of the automatic assault weapon or large-capacity
ammunition magazine in excess of 10 rounds will have sixty (60) days
to comply with this chapter without being subject to prosecution.
(c)
Upon moving to NHBP tribal land with an automatic assault weapon
or large-capacity ammunition magazine in excess of 10 rounds, the
individual will have sixty (60) days to comply with this chapter without
being subject to prosecution.
E.
Penalty. Unlawful use of a weapon is a felony.
A.
Offense. A person commits the offense of carrying a concealed weapon
by knowingly carrying or bearing a concealed weapon.
B.
Exceptions. Subsection A of this section shall not apply to:
(1)
Any law enforcement officer authorized under tribal law;
(2)
A person holding a valid license or permit to carry one or more types
of concealed weapon that was issued under the laws of the State of
Michigan and he/she:
(3)
The carrying of firearms in his or her residence, place of business,
or on other land possessed by the person;
(4)
A bona fide collector registered under Section 923 of the federal
firearms code, 18 U.S.C. Chapter 44;
(5)
A person while transporting the firearm for a lawful purpose that
is licensed to the owner or occupant of the motor vehicle in compliance
with applicable laws and the firearm is unloaded in a closed case
designed for the storage of firearms in the trunk of the vehicle;
or
(6)
A person while transporting the firearm for a lawful purpose that
is licensed by the owner or occupant of the motor vehicle and the
firearm is unloaded in a closed case designed for storage of firearms
and is not readily accessible to the occupants of the vehicle in a
vehicle that does not have a trunk.
C.
Violation of concealed weapon disclosure. An individual licensed
to carry a concealed weapon and who is carrying a concealed weapon
and who is stopped by a law enforcement officer shall immediately
disclose to the law enforcement officer that he or she is carrying
a weapon concealed upon his or her person or in his or her vehicle.
Failure to do so would result in a civil infraction.
D.
Subsequent violation of concealed weapon disclosure. Subsequent offenses
of failure to disclose to a law enforcement officer of a concealed
weapon will result in a misdemeanor. NHBP tribal police will collect
and maintain documentation of individuals that have failed to disclose
concealed weapons.
E.
Penalty. Carrying a concealed weapon in violation of this section
is a felony.
A.
A person commits the offense of carrying a concealed weapon in a
prohibited place if he or she purposely or knowingly carries a concealed
weapon regardless of concealed weapon permit status in:
(1)
Any tribal government facilities, including the government center,
health clinics, community center, Gaming Commission offices, Tribal
Court, Tribal Police Department, tribal pow-wow grounds, tribal ceremony
grounds, etc., unless such person is a law enforcement officer or
receives written authorization to carry a concealed weapon in tribal
government facilities by the Tribal Council;
(3)
Any building located on tribal lands which is owned or leased by
the federal, state, local government or Tribe, or any other governmental
entity;
(4)
A bank, credit union, savings and loan institution or commercial
financial institution;
(5)
A commercial establishment in which alcoholic beverages are sold,
dispensed and consumed;
(6)
A school, day-care, head start, or any institution of higher education;
or
(7)
Any hospital, sports arena, recreation facility or sporting facility.
B.
Penalty. Carrying a concealed weapon in a prohibited place is a felony.
A.
Forfeiture. A weapon carried in violation of this article is subject
to immediate seizure by a law enforcement officer.
B.
Procedure. If a law enforcement officer seizes a weapon under this section, the individual has forty-five (45) days in which to display his or her license or documentation to an authorized employee of the NHBP tribal police. NHBP tribal police will hold the seized weapon at the NHBP tribal police office. If the individual displays his or her license or documentation to an authorized employee of NHBP tribal police within the forty-five-day period, the authorized employee of NHBP tribal police shall return the weapon to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation within the forty-five-day period, the weapon is forfeited and will be disposed of in accordance with § 8.8-25 of Chapter 8.8, Criminal Procedure, of this title of the Code.
A.
A person
who possesses, transports, or controls any nitroglycerin, dynamite
or other dangerous explosive, unless such explosive is possessed by
a person trained in its use in the prosecution of or to effect a lawful
purpose, is guilty of possession of explosives.
B.
Possession
of explosives is a Class A misdemeanor.
C.
In addition
to any penalty prescribed for such an offense, a person convicted
of possession of explosives may be ordered by the Tribal Court to
forfeit such explosives to tribal officials.
A.
A person
commits the offense of dangerous use of explosives if, with the intent
to injure, intimidate or threaten another person, or to damage another's
property, he or she recklessly or negligently explodes, attempts to
explode or places any explosive device on any public or private property.
B.
Dangerous
use of explosives is a felony.
C.
In addition
to, or in lieu of, any punishment for conviction of dangerous use
of explosives, the Tribal Court may order the offender to pay to the
injured party the costs of any property damaged by his or her actions.
