The Menominee Tribal Legislature, in an effort to sustain the
safety and general welfare of the Tribe, seeks to regulate the possession
and use of firearms and other dangerous weapons.
The Menominee Tribal Legislature is the legally constituted
governing body of the Menominee Indian Tribe with all governmental
powers vested in it in accordance with Articles I and III of the Menominee
Constitution and Article II, Section 2(g) of the Bylaws of the Constitution
of the Menominee Tribe.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
AMMUNITION
Any ammunition or cartridge cases, primers, bullets, or propellant
powder designed for use in any firearm.
ANTIQUE FIREARM
Any firearm manufactured in or before 1899 or replica of
any such firearm, or any muzzle-loading rifle, muzzle-loading shotgun,
or muzzle-loading pistol, which is designed to use black powder, or
a black powder substitute, and which cannot use fixed ammunition.
BODILY HARM
Physical pain or injury, illness, or any impairment of physical
condition.
CONCEALED WEAPON
A firearm or dangerous weapon is concealed if it is carried
in such a manner as to not be recognized by the ordinary observation
of a passerby. There is no requirement that there be absolute invisibility
of the firearm or dangerous weapon.
DANGEROUS WEAPON
Any weapon, device, instrument, material, or substance, animate
or inanimate, that is used for, or is readily used for, or designed
as a weapon or through its use is capable of threatening or producing
death or bodily injury, including but not limited to knives, clubs,
metal knuckles, nunchaku, throwing stars, explosives, Taser® guns.
DESTRUCTIVE DEVICE
Any explosive, incendiary, or poison gas; any type of weapon
which may be readily converted to, expel a projectile by the action
of an explosive or other propellant, and which has any barrel with
a bore of more than 1/2 inch in diameter; the term "destructive device"
shall not include any device which is neither designed nor redesigned
for use as a weapon.
FIREARM
Any weapon (including a starter gun) which will or is designed
to or may readily be converted to expel a projectile by the action
of an explosive; the frame or receiver or any such weapon, including
antique firearms; any firearm muffler or firearm silencer; or any
destructive device.
FIREARM SILENCER or FIREARM MUFFLER
Any device for silencing, muffling, or diminishing the report
of a portable firearm, including any combination of parts, designed
or redesigned, and intended for use in assembling or fabricating a
firearm silencer or muffler, and any part intended only for use in
such assembly or fabrication.
HANDGUN
Any weapon designed or redesigned, or made or remade, and
intended to have a short stock and be fired while held in one hand
and to use the energy of an explosive to expel a projectile though
a smooth or rifled bore.
HUNT
The definition of "hunting" from Chapter
287, Conservation Code.
LAW ENFORCEMENT PERSONNEL
Any Menominee tribal police officer, Menominee tribal conservation
warden or other bona fide peace officers acting in their official
capacity.
LEGISLATURE
The Menominee Tribal Legislature, the governing body of the
Menominee Nation.
RECKLESS USE OF FIREARMS
Any of the following:
A.
Endangering the safety of his or her own person or property
and/or the safety or property of another by a high degree of negligence
in the use of a firearm;
B.
Causing injury to another person by a high degree of negligence
in the use of a firearm; or
C.
Conduct which demonstrates ordinary negligence to a high degree,
consisting of an act which the person should realize creates risk
and high probability of serious property damage, death or great bodily
harm to himself or another person.
RIFLE
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a metallic cartridge
to fire through a rifled barrel a single projectile for each pull
of the trigger.
SCHOOL
A public, parochial, tribal or private school on the Menominee
Indian Reservation which provides an educational program for one or
more grades between grades kindergarten and 12 and which is commonly
referred to as an "elementary school," "middle school," "junior high
school," "senior high school," "high school," "primary school" or
"tribal school." For purposes of this chapter, "school" also means
any Head Start or day-care facility or any college located on the
Menominee Indian Reservation.
SHORT-BARRELED RIFLE
A rifle having one or more barrels less than 16 inches in
length and any weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall length of
less than 26 inches.
SHORT-BARRELED SHOTGUN
A shotgun having one or more barrels less than 18 inches
in length and any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if such a weapon, as modified, has an
overall length of less than 26 inches.
SHOTGUN
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a fixed shotgun
shell to fire through a smooth bore either a number of ball shot or
a single projectile for each single pull of the trigger.
TRIBAL COURT FACILITY
The Tribal Law Enforcement Center (LEC) and the Wilmer J.
Peters Judicial Center, and any other tribal courtroom, judges'
chambers, witness rooms, jury deliberation rooms, prisoner holding
cells, offices of the court clerks, the Tribal Prosecutor, tribal
probation officers, and adjoining corridors of any court of the Menominee
Indian Tribe.
TRIBAL FACILITY
A building or part thereof owned or leased by the Menominee
Indian Tribe, where tribal employees are regularly present for the
purpose of performing their official duties.
Notwithstanding any provisions of this chapter, any person who
holds a valid concealed carry permit issued by the State of Wisconsin,
or from any state listed as eligible reciprocal states for obtaining
a State of Wisconsin permit, shall be able to apply for a five-year
tribal permit to carry a concealed handgun. The applicant must complete
the concealed carry permit application, pass the tribal background
check, and comply at all times with the requirements of this section.
A. General information.
(1) General process. The person who seeks to obtain a tribal concealed carry permit shall obtain an application from the Menominee Licensing and Permit Department. A tribal background check will be completed by the Menominee Tribal Clerk of Court and submitted to the Tribal Police Department to complete the background certification. The background certification shall be completed within 20 days and will determine if the applicant is eligible to be issued a tribal carry concealed permit under Chapter
321. Once submitted, the application shall follow the process requirements of §
321-8C.
(2) Tribal background check. The tribal background check is only checking criminal and civil cases in the Menominee Tribal Court. It shall be completed by the Menominee Tribal Court within 20 days and contain all information necessary to make permit eligibility determinations under §
321-8D,
E and
F.
(3) Application requirements.
(a)
At a minimum, the conceal carry permit application or renewal
application shall include:
[1]
General applicant identification information.
[2]
Eligibility questionnaire.
[3]
Places carrying of weapon is prohibited statement.
[4]
Permit action and duties statement.
(b)
Show proof of current and valid driver's license or tribal
identification.
(c)
Photocopy of eligible state concealed weapon license or permit.
(d)
Fees.
[1]
Application fee. A nonrefundable application fee, except as described in §
321-8C(3)(d) and
(e), shall be paid upon filing an application for a tribal concealed carry permit. The application fee shall be set by the Licensing and Permit Department and approved by a motion of the Tribal Legislature. Permit fees shall be posted for five business days before they shall become effective.
[2]
Renewal fee. A nonrefundable application renewal fee, except as described in §
321-8C(3)(d) and
(e), shall be paid upon filing an application for a tribal concealed carry permit. The application fee shall be set by the Licensing and Permit Department and approved by a motion of the Tribal Legislature. Permit fees shall be posted for five business days before they shall become effective.
[3]
Replacement fee. The replacement fee shall be set by the Licensing
and Permit Department and approved by a motion of the Tribal Legislature.
Permit fees shall be posted for five business days before they shall
become effective.
(e)
The application and tribal law compliance statements shall require
original signatures. Photocopies are not permitted.
(f)
The application and renewal application shall be created by
the Licensing and Permit Department within 30 days of the effective
date of this chapter.
(4) Denial of application.
(a)
An applicant can be denied for any of the following reasons:
[1]
The applicant has been disqualified to carry a concealed weapon per §
321-8D,
E or
F;
[2]
The applicant made a material misstatement on the applicant
form; or
[3]
The applicant submitted an incomplete application per §
321-8C(1).
(b)
If an applicant is denied under any section in Chapter
321, the Licensing and Permit Department shall inform the applicant, in writing, of the denial. The notice of denial shall state the reasons and factual basis for the denial decision. The notice of denial shall be sent to the applicant by a method of shipment that provides confirmation of delivery, including the date of delivery.
B. Tribal concealed carry permit requirements. The tribal concealed
carry permit shall be a physical card that, at a minimum, includes:
(3) Following physical descriptions: gender, height, and eye color;
C. Processing tribal permit application.
(1) When the Licensing and Permit Department receives an application,
the Department shall do the following in the sequence listed:
(a)
Review application for completeness. An application is complete
when the Department has received all of the items listed below:
[1]
A completed version of the application form prescribed by §
321-8A(3);
[2]
A statement that the information submitted in the application
and any supporting documents are true and complete to the best of
the applicant's knowledge;
[3]
Receipt of application or renewal fee; and
[4]
Photocopy of eligible state concealed weapon license or permit.
(b)
If an application is complete, the Licensing and Permit Department
shall forward the background check request to the Menominee Tribal
Courts, and the application shall proceed under as described below.
If an application is incomplete, the Licensing and Permit Department
shall reject it and shall send a written notice of the rejection to
the applicant at the residence address provided by the applicant in
the application form. The notice of rejection shall explain why the
application was found to be incomplete and what must be submitted
to complete the application.
(2) When Tribal Court receives an application background check request,
the Court shall, within 20 days, do the following in the sequence
listed:
(a)
Conduct Tribal Court background check of the applicant. The background check shall include all Tribal Court criminal convictions, any Tribal Court orders restricting the possession of firearms, notification of charges of criminal cases that are active but not adjudicated, notification of active cases regarding mental health or competency of the applicant pursuant to §
321-8E.
(b)
The Tribal Court shall forward the background check request to the Menominee Tribal Police Department. The Tribal Police Department shall proceed under §
321-8C(3).
(3) When the Tribal Police Department receives the completed Tribal Court
background check, the Tribal Police Department shall have 20 business
days after the day receiving the tribal background check from the
Tribal Court to return the tribal background certification to the
Licensing and Permit Department. The Tribal Police Department shall
do the following in the sequence listed:
(a)
Forward the Tribal Court background check to the Tribal Prosecutor's Office and Tribal Probation Office requesting those departments review the background check and return any discretionary disqualifier decisions per §
321-8F by a date no later than the 15th day after the Police Department received the Tribal Court background check;
(b)
Confirm that the state concealed permit or license submitted
by the applicant has been issued to that applicant and is current
and effective;
(c)
Review the Tribal Court background check for the purpose of determining whether issuance of a permit is prohibited under §
321-8D,
E or
F;
(d)
If a permit is not prohibited under §
321-8D,
E or
F, the Police Department shall complete the background certification stating the applicant is not prohibited from possessing a permit and shall promptly send the certification to the Licensing and Permit Department. The certification shall be sent no later than the 20th business day after receipt of the background check. If the background certification is sent after the 20th business day, then the Department shall pay the application fee and the fee paid by the applicant shall be refunded. However, at no time shall a tribal permit be issued if the background certification has not been completed;
(e)
If a permit is prohibited under §
321-8D,
E, or
F, the Police Department shall complete the background certification form and shall deny the application. The certification and denial shall be promptly sent to the Licensing and Permit Department. The certification and denial shall be sent no later than the 20th business day after receipt of the background check. If the background certification and denial is sent after the 20th business day, then the Department shall pay the application fee and the fee paid by the applicant shall be refunded. However, at no time shall a tribal permit be issued if the background certification has not been completed.
(4) When the Licensing and Permit Department receives the background
certification, the Department shall do the following:
(a)
If the background certification approves and states the applicant is eligible for a tribal permit, the Licensing and Permit Department shall issue the permit, assign a permit number, and promptly send notice requiring the applicant to come in to have the permit ID created pursuant to §
321-8B.
(b)
If the background certification states the issuance of permit is prohibited under §
321-8D,
E of F, the department shall deny the application and proceed under §
321-8A(4)(b).
D. Automatic disqualifiers. If the applicant for a tribal concealed carry permit is a fugitive from justice, prohibited from owning or possessing a firearm under Chapter
321 or by Tribal Court order, or has pending filed charges awaiting disposition or has been found guilty in Tribal Court of any of the following violations, he/she shall have his/her application denied.
(1) Abduction, Chapter
120, Attachment 1.
(4) Carrying a concealed weapon, Chapter
120, Attachment 1.
(5) Possession of a controlled substance with the intent to manufacture, distribute or deliver, §
306-5C.
(6) Trafficking, manufacturing, cultivating or harvesting a controlled substance, §
306-5A.
(7) Cruelty to animals, Chapter
120, Attachment 1.
(9) Domestic violence enhancer - battery 3+, §
368-34B.
(10)
Domestic violence enhancer - battery, child present, §
368-34A(2).
(14)
Physical abuse of a child first degree - intentional, §
368-46A.
(15)
Physical abuse of a child second degree - intentional, §
368-46B.
(16)
Physical abuse of a child third degree - intentional, §
368-46C.
(18)
Reckless use of a firearm near building where person could be, §
321-7A(3).
(19)
Reckless use of a firearm at vehicle or building, §
321-7C.
(22)
First degree sexual assault of a child, §
368-54A.
(23)
Second degree sexual assault of a child, §
368-54B.
(24)
Third degree sexual assault of a child, §
368-54C.
(25)
Fourth degree sexual assault of a child, §
368-54D.
(27)
Unlawful sale, possession, use or transport of firearm, §
321-9A.
E. Mental health automatic disqualifiers. Applications for a tribal
concealed carry permit shall be denied if:
(1) The applicant has been found not guilty by reason of insanity or
mental disease, defect, or illness;
(2) The person is committed to treatment under § 51.20(13)(a),
Wis. Stats.;
(3) The person is committed to a treatment facility because the individual
is mentally ill, drug dependent, or developmentally disabled and the
court has ordered such a person not to possess a firearm;
(4) The person is currently ordered by Tribal Court not to possess a
firearm under any order under the following Wisconsin Statutes:
(a)
Section 51.20(13)(cv)1, Wis. Stats.
(b)
Section 51.45(13)(i)1, Wis. Stats.
(c)
Section 54.16(3)(f)1, Wis. Stats.
(d)
Section 55.12(10)(a), Wis. Stats.
(e)
Section 55.12(1)(a), Wis. Stats.
(5) The person is currently adjudicated to be legally incompetent; or
(6) The person has been involuntarily committed to a mental institution.
F. Discretionary disqualifiers. The application for a tribal concealed carry permit may be denied if the applicant has been convicted in Tribal Court for any other violation, which the Chief of Police, Prosecutor and/or Director of Probation feel shows a propensity for violence, thus putting the tribal members at risk if this individual were to be allowed to carry a concealed handgun. If the discretionary disqualifier portion of the background certification is not completed within the requirement pursuant to §
321-8C(3)(a), then the discretionary disqualification is waived.
G. Permit expiration and renewal.
(1) The Menominee tribal concealed carry permit shall be valid for five
years from the date of issuance, unless suspended or revoked before
the five-year expiration date.
(2) Except as provided in §
321-8G(2)(a), a permittee who wishes to renew a concealed carry permit under this section shall do so not earlier than 90 days before the expiration date of the permit or at any time after the expiration date of the permit by filing a renewal application with the Licensing and Permit Department. Subsequent to the issuance of the renewal permit, that applicant has stated that he/she has reread Chapter
321 and paid a nonrefundable permit renewal fee per §
321-8A(3)(d).
(a)
A person on active duty in the Armed Forces of the United States
is exempt from the permit requirements of this section for the period
of the person's active duty or service and for six months if
the permittee was issued a concealed carry permit before the permittee's
active duty commenced.
(3) Licensing and Permit Department Police shall accept the completed renewal application, the permit fee renewal, and the permit shall be renewed for another five years if he or she is eligible per §
321-8D,
E, and
F and is approved per the process described in §
321-8C.
H. Lost, stolen or destroyed permit. Permit holders may request a replacement
permit, in writing, by submitting a completed and signed replacement
permit form. The replacement fee shall be shall be set by the Licensing
and Permit Department and approved by a motion of the Tribal Legislature.
Permit fees shall be posted for five business days before they shall
become effective.
I. Permit revocation and suspension.
(1) Permit suspension.
(a)
Violations of sections listed in §
321-8D and
E shall result in a temporary suspension until fully adjudicated.
(b)
Any temporary suspension of a person's state carry concealed
permit shall result in a temporary suspension of the tribal concealed
carry permit.
(c)
A permit may be suspended by order of the Court as conditions
of release for cash bond/signature bonds, ordered as a condition of
probation, or for any violations of this chapter.
(2) Permit revocation.
(a)
Convictions of violations listed in §
321-8D and
E shall result in an immediate revocation of a concealed carry permit.
(b)
A revocation of the person's state carry concealed permit
shall result in a revocation of the tribal concealed carry permit.
(c)
Tribal concealed carry permits may be revoked for a limited
term or permanent term, and a person may become ineligible to receive
a tribal concealed carry permit in the future, as designated by order
of the Court and/or in the penalties described in this chapter.
J. Tribal data system.
(1) The Licensing and Permit Department shall create a database that is available to tribal law enforcement officers containing concealed carry permit information, to include, at a minimum, all the information required in §
321-8B(1).
(2) The Licensing and Permit Department shall ensure the concealed carry
suspended permit and revoked permit information is available in this
database.
K. Duties of concealed carry permit holders.
(1) Permit holders must carry their permit in their immediate possession
at all times when carrying a concealed firearm or knife over four
inches.
(2) Permit holders must produce a concealed carry permit and driver's
license or tribal identification upon request by law enforcement officers.
(3) Penalties. Any person convicted of violating Subsection
J(1) or
(2) shall be penalized as follows:
(a)
A first offense shall result in a civil forfeiture of $100.
(b)
A second offense shall result in a civil forfeiture not less
than $250.
(c)
A third or subsequent offense shall result in a civil forfeiture
of $500.
L. Prohibited activities.
(1) Places where weapons are always prohibited. A concealed carry permittee
may carry anywhere within the reservation except in any of the following
places:
(a)
Law enforcement offices and buildings;
(c)
Mental health treatment facilities;
(e)
In or on the grounds of schools; and
(f)
Any duly posted facility prohibitions compliant with the posting/notice requirements of §
321-11D, except as provided in §
321-8K(3)(b), and shall be subject to the prohibitions and penalties in §
321-11.
(2) A concealed carry permittee shall be prohibited from carrying a concealed
weapon while under the influence of any drug or under the influence
of intoxicating beverage.
(3) Any person who violates §
321-8K(2) shall be punished by a fine not less than $250 nor more than $5,000 or a jail term not less than three months nor more than 12 months, or both; the firearms involved shall be forfeited and disposed of by order of the Tribal Court, and the concealed carry permit shall be revoked for one year. A second conviction of § 321-K(2) shall result in revocation of a concealed carry permit, and the person shall become ineligible to receive a tribal concealed carry permit.
(4) Exceptions.
(a)
Certified law enforcement officers, except at no time shall law enforcement officers be exempt from §
321-8L(2).
(b)
Prohibitions regarding places where weapons are always prohibited do not apply to a weapon in a vehicle driven or parked in a parking facility associated with the listed places in §
321-8K(1).
A person who knowingly makes a false statement regarding citizenship
or identity or other information on an application for a concealed
carry permit shall be guilty of providing false information. Any person
found guilty shall be subject to a fine of $500, shall have their
concealed carry permit revoked, and the person shall be permanently
ineligible for a tribal concealed carry permit.
If any portion of this chapter is found to be unconstitutional
or in violation of applicable federal law, the remainder of this chapter
shall remain in effect.
This chapter shall take effect upon final approval by the Menominee Tribal Legislature and specifically replaces Chapter
120, Attachment 1, Section 11.40.