[HISTORY: Adopted by the Tribal Council of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) 3-24-2011 by Res. No. 11-652. Amendments noted where applicable.]
This chapter shall be known as the "Carrying Concealed Weapons Ordinance" (hereinafter "CCW Ordinance" or "Ordinance"). This chapter is enacted by the Tribal Council pursuant to Article VII, Section 1(l), of the Tribal Constitution of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians and Resolution 11-652 of the Tribal Council.
The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan ("Tribe") has a primary interest in exercising its inherent sovereign authority to allow for the permitting and carrying of concealed weapons within and on tribal lands.
The Tribal Council of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians finds and declares as follows:
A. 
The Tribe is a sovereign, federally recognized Indian tribe, and is organized under the Constitution of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan, adopted by the tribal citizens on June 19, 2000.
B. 
Pursuant to Article VI, Section 1, of the Constitution, the Tribal Council of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (the "Tribal Council") is the duly recognized governing body of the Tribe.
C. 
The sovereign right to regulate activities involving its members and events occurring on its lands is particularly important with respect to individuals employed by tribal enterprises.
This chapter shall govern the authority and process for an individual to carry a concealed weapon within the exterior boundaries of the Match-E-Be-Nash-She-Wish Reservation, or any other tribal lands held in trust for the benefit of the Tribe by the United States.
For the purpose of this chapter, the capitalized terms set forth below shall have the following meanings:
FIREARM
A shotgun or rifle, handgun, pistol or revolver or any other weapon from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, and includes a muffler or silencer for any firearm, whether or not such firearm is included within the foregoing definition.
[Amended at time of adoption of Code (see Ch. 1.1, Adoption of Tribal Code)]
ON-DUTY
Actively engaged in an assigned task, duty or occupation relating to law enforcement services.
PERMIT
The license issued by the Tribe, after approval by the Permit Board, to carry a concealed firearm on tribal lands.
PERMIT BOARD
The group of persons designated to review applications for a permit.
TRIBAL LANDS
Any land held in trust for the benefit of the Tribe by the United States.
TRIBE
The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (aka the "Gun Lake Tribe").
A. 
No person shall be permitted to carry a firearm on tribal lands for any purpose unless said person has been issued a permit to carry a concealed firearm by the Tribe.
B. 
No permits, licenses, or otherwise issued by any other jurisdiction, including the State of Michigan or any subdivision of state government, or any other state, to carry a firearm, whether concealed or not, will be honored or given reciprocity by the Tribe, including, without limitation, any off-duty law enforcement officials who are authorized to carry firearms under any state law.
Any laws of the State of Michigan (including without limitation, laws, codes, ordinances or otherwise from a state subdivision) or any other state or jurisdiction, regarding the carrying of a concealed weapon(s), have no application on any tribal lands and have no effect under tribal law.
Individuals licensed to carry a concealed firearm by the Tribe are prohibited from carrying a concealed firearm on the following premises, except for those persons deemed exempt from this section by the Tribal Permit Board:
A. 
Any casino;
B. 
Any schools or school property, public or private day-care center, public or private child-caring agency, or public or private child-placing agency; and
C. 
Any property or facility owned or operated by a church, or other place of worship.
The provisions of this chapter shall not apply to the carrying of any concealed firearm by any:
A. 
Officer of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians tribal police; or
B. 
On-duty law enforcement officer of the State of Michigan, Allegan County Sheriff's Department, Bureau of Indian Affairs, federal marshal or other federal law enforcement agent, but only if such law enforcement officers are involved in an active investigation or law enforcement action on tribal land or pursuant to a cross-deputization agreement with the Allegan County Sheriff's Department.
A. 
There shall be collected by the Gun Lake Director of Public Safety a fee of $20 for each permit issued.
B. 
Any permit issued under this section shall be valid for a period of three years from the date of issuance.
C. 
Any permit issued under this section shall be valid only on tribal lands.
A. 
Nothing in this chapter shall be deemed to waive the sovereign immunity of the Tribe or any of its enterprises, officers, agents, or employees.
B. 
No tribal official engaged in the receipt and review of any application for or in the issuing of denial of any license under this chapter shall incur any civil or criminal liability as the result of the lawful performance of any duties under this chapter.
If any section of this chapter is invalidated by the Tribal Court, all valid sections that are severable from the invalid sections shall remain in full force and effect. If a section of this chapter is invalid in one or more of its applications, that section remains in effect in all valid applications that are severable from the invalid applications.
A. 
In construing this chapter, the present tense includes the past and future tenses, and the future tense includes the present tense.
B. 
When reference is made to any portion of this chapter, the reference shall apply to all amendments made hereafter.
C. 
Section headings shall not be used in construing this chapter.