CHAPTER 504

CRIMES AGAINST THE TRIBE

504.01                         Carrying Handguns

Subdivision 1. Definitions.

      a)              Handgun means a weapon designed to be fired by the use of a single hand and with an overall length less than 12 inches, or having a barrel or barrels of a length less than sixteen (16) inches; and

                        1)        from which may be fired one or more solid projectiles by means of a cartridge or shell, or

                        2)        for which the propelling force is a spring, elastic band, carbon dioxide, air, or other gas or vapor.

Handgun does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun, or nail gun used in the construction industry or children's pop guns or toys.

      b)              Crime of violence includes murder in the first degree, murder in the second degree, murder in the third degree, manslaughter, aiding suicide, aiding attempted suicide, aggravated assault, use of drugs to injure or to facilitate crime, simple robbery, aggravated robbery, kidnaping, false imprisonment, rape, aggravated sodomy, felonious theft, aggravated arson, riot, burglary, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being, setting a spring gun, unlawfully owning, possessing, or operating a machine gun, conspiracy and coercion and an attempt to commit any of these offenses.

Subdivision 2. Penalty. Any Indian, other than a law enforcement officer who has authority to make arrests, who carries, holds or possesses a handgun in a motor vehicle, snowmobile or boat, or on or about his clothes or person, or otherwise in his possession or control in a public place without first having obtained a permit to carry the handgun from the Red Lake Law Enforcement Program is guilty of a gross misdemeanor, and the handgun involved may be confiscated.

Subdivision 3. Application Procedure. Application for permits to carry a handgun shall be made to the head of the Red Lake Reservation Law Enforcement Program on forms provided by that Department.

Subdivision 4. Grounds for Denial of Permit. A permit to carry a handgun shall not be granted to the applicant if applicant:

      a)              Is under the age of 18 years.

      b)              Has been convicted on the Red Lake Reservation or elsewhere of a crime of violence unless 10 years have elapsed since the expiration of the sentence and during that time he has not been convicted of any other crime of violence.

      c)              Is or has been confined or committed to a mental institution unless he possesses a current certificate of a medical doctor that he is not longer suffering from any mental disability.

      d)              Does not have any occupational or personal safety hazard requiring a permit to carry a pistol.

Subdivision 5. Denial of Permit. If the head of the Red Lake Reservation law Enforcement Program should refuse to issue a permit to carry a handgun, the applicant may appeal such denial to the Court as a civil action.

Subdivision 6.            Renewal. Permits to carry a handgun issued pursuant to this section shall expire after one (1) year and shall thereafter be renewed in the same manner as the original permit.

Subdivision 7. False Application. Any applicant who gives or causes to be given any false information in applying for a permit to carry a handgun, knowing the information to be false is subject to immediate revocation of the permit or if no permit exists, the application shall be denied.

Subdivision 8. Carrying Handguns Under Certain Conditions. A permit to carry a handgun is not required of an Indian:

      a)              Who keeps or possesses a handgun at his place of business, dwelling house, premises, or on land he possesses.

      b)              Who carries a handgun from a place of purchase to his dwelling house or place of business or from his dwelling house or place of business to or from a place where repairing is done provided the handgun is not concealed on his person.

      c)              Who carries a handgun between his dwelling house and his place of business provided the handgun is not concealed on his person.

      d)              Who carries a handgun in the woods or field or upon the waters for the purpose of hunting or target shooting.

      e)              Who transports a handgun in a motor vehicle, snowmobile or boat if the handgun is unloaded and contained in a closed and fastened case or gunbox.

Subdivision 9. Number of Handguns. A person shall be entitled to carry or possess one handgun per permit issued.

(Title of Section 504.01 changed to "Carrying Handguns" by Tribal Council Resolution No. 308-92, dated September 15, 1992)

504.011           Superseded by Section 504.12

(Section 504.011, superseded by Section 504.12, added to Tribal Code by Resolution 292-93, dated September 14, 1993)

(Section 504.011, Handling Dangerous Weapons, added to Tribal Code by Resolution No. 308-92, dated September 15, 1992, superseding Section 518.02, Handling Dangerous Weapons, created by Resolution 264-90, dated December 11, 1990).

504.012           Automatic Weapons

Subdivision 1. Automatic weapon means any firearm designed to discharge or capable of discharging automatically more than one (1) time by a single function of the trigger.

Subdivision 2. Whoever owns, possesses, or operates an automatic weapon is guilty of a gross misdemeanor and the automatic weapon may be confiscated.

Subdivision 3. This section does not apply to law enforcement officers and members of the armed services of either the United States or the State of Minnesota for use of the course of their duties.

(Section 504.012 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)

504.02                         Commercial Fishing

Subdivision 1. Policy. The waters of the Red Lake and all other waters located within the boundaries of the Red Lake Indian Reservation and the fish located within those waters are the property of the Red Lake Band of Chippewa Indians and as such are subject to the governmental jurisdiction of the Red Lake Tribal Council. In order to preserve, conserve and protect the fish and the fishing industry of the Red Lake Indian Reservation for present and future generations, the following laws are enacted to regulate and control said fishing industry.

Subdivision 2. Rule Making Authority. The Red Lake Tribal Council is hereby given the right to enact rules and regulations, from time to time, governing fishing on the Red Lake Indian Reservation.

Subdivision 3. Violation of Rules. Any person who violates any provision of 25 CFR Part 242 (1982) or any rule or regulation issued by the Red Lake Tribal Council regarding fishing on the Red Lake Indian Reservation shall be deemed guilty of a gross misdemeanor and upon conviction thereof shall be subject to the penalty of forfeiture of the right to take fish for a period not to exceed one (1) year and a fine of not more than $3,000.00 or imprisonment of not more than one (1) year, or any combination of these penalties. In addition to the penalties provided for herein, any Indian convicted for the illegal sale of fish shall forfeit his right to take fish for any purpose for a period of six (6) months.

Subdivision 4. Gill Nets. Any person who uses or possesses a gill net with a mesh of less than 3 ½ inches extension measure shall be guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.

Subdivision 5. Forfeiture.

       a)              A gill net with a mesh of less than 3 ½ inches extension measure is an illegal net and may be seized by authorized law enforcement personnel as contraband and shall be forfeited. Upon forfeiture, the Court shall order the illegal net(s) destroyed by the Red Lake Police Department.

      b)              All fish taken in violation of these provisions may be seized by authorized law enforcement personnel and shall be subject to forfeiture. Upon forfeiture gill nets and fish shall be disposed of by the Court.

Subdivision 6. Principles Controlling Penalties. In determining the amount of any penalty imposed pursuant to this section the Court shall take into account the nature, circumstances, and gravity of the offense committed, and may consider the violators ability to pay, and such other matters as justice may require.

Subdivision 7. Spawning Season. Spawning season for the Red Lake Reservation waters shall be for the period beginning with the second Saturday of March and ending with the second Saturday of May, annually. No walleye pike or northern pike (pickerel) shall be taken during the spawning season except for propagation purposes. Members of the Red Lake Band of Chippewa Indians may spear rough fish only, such as suckers, carp and redhorse, in the creeks and rives of the Red Lakes during the spawning season. Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.

Subdivision 8.            Closed Season. The inland lakes and trout streams shall be closed to hook and line fishing beginning with the second Saturday in March to the last Saturday in April each year. Fishing by hook and line during the period from the last Saturday in April to the second Saturday in May shall be for trout only. Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.

Subdivision 9. Members Personal Use. Members of the Red Lake Band of Chippewa Indians may take all species of fish in reasonable amounts for their own use by spearing or angling in the Red Lake River area west of the outlet bridge during the spawning season. Any manner of taking fish other than by hook and line and by spearing is prohibited. Fish shall not be taken in this area during the spawning season for commercial purposes. Any person who violates this Subdivision is guilty of an offense and upon conviction thereof may be sentenced as provided in Subdivision 3.

504.03                         Damage to Property of the Red Lake Band

Subdivision 1. Cutting Timber. Any Indian who shall cut or cause to be cut any timber on the Red Lake Indian Reservation, other than fire wood for home heating fuel used on the Reservation without first having secured a valid permit from the Red Lake Tribal Council or shall cut, cause to be cut or remove timber from the Red Lake Indian Reservation in violation of the terms and conditions of any permit or shall refuse to pay the required stumpage on any timber cut upon the Red Lake Indian Reservation is guilty of a misdemeanor. In addition to the penalties provided for by law, all timber cut or removed from the Red Lake Reservation in violation of this subdivision may be confiscated by the Red Lake Police Department and forfeited pursuant to law and the right to obtain a permit to take timber in the future shall be withheld for a period not to exceed one (1) year from the date of conviction for a violation of this subdivision. The Court shall also order that all past due stumpage fees be paid.

Subdivision 2.            Unauthorized Lease of Land. Any Indian who leases all part of any land which has been assigned or licensed to him/her by the Red Lake Band of Chippewa Indians in violation of the terms of that assignment or license shall be guilty of a misdemeanor.

Subdivision 3. Unauthorized Use of Land. Any Indian who cuts and makes hay on land not assigned or licensed to him/her by the Red Lake Band of Chippewa Indians or uses land for any agricultural purpose without the proper permit from the Red Lake Band of Chippewa Indians is guilty of a misdemeanor.

Subdivision 4. Damage to Tribal Property. Any Indian who shall, without proper authority, use or damage any public, government or tribal property or water rights or cause a substantial interruption or impairment of a public service is guilty of a misdemeanor.

Subdivision 5.            Sale of Trust Property. Any Indian who sells, transfers, assigns, trades or in any manner disposes of trust or restricted property and in the case of livestock, the increases therefrom, in violation of any governmental rule or regulation is guilty of a misdemeanor.

504.04                         Violation of Tribal Ordinances

Any Indian who violates an ordinance or resolution of the Red Lake Band of Chippewa Indians in which no penalty is prescribed, shall be guilty of a misdemeanor.

504.05                         Setting Fires

Subdivision 1.            Permit Required. Any Indian who shall start a fire without first obtaining a burning permit from the Red Lake Band of Chippewa Indians is guilty of a misdemeanor.

Subdivision 2.            Control of Fires. Any Indian who shall intentionally or negligently set a fire and fails to properly control it and extinguish it is guilty of a misdemeanor. In addition to the criminal penalties provided from herein, the perpetrator of the fire may be held civilly liable for any damage caused by the failure to properly control and extinguish said fire.

Subdivision 3. Current or future funds held in trust or by the Band for the benefit of any minor child found to have set a forest/grass fire which requires fire suppression efforts, or does damage to the forest shall be made available to cover any court judgement made pursuant to Chapter 504.05, subdivision 2.

Subdivision 4. The parent or guardian of any minor child found to have started a forest/grass fire shall be subject to a civil penalty to cover the cost of fighting the fire and the damage done to the forest, but not to exceed one thousand dollars.

(Pursuant to Resolution No. 62-2000)

504.06                         Littering

Any Indian who shall throw, put or leave any refuse upon any of the highways, streets or avenue of the Red Lake Indian Reservation or shall fail to clean up any glass or other debris on such highways, streets or avenue as the consequences of an accident in which he was a participant, is guilty of a petty misdemeanor.

504.07                         Removal of Non-Members

Subdivision 1.            Cause For Removal. Any person who is not legally entitled to reside on the Red Lake Indian Reservation and whose presence is or may be injurious to the peace, happiness and welfare of the members of the Red Lake Band of Chippewa Indians may be removed from the Red Lake Indian Reservation.

Subdivision 2. Procedure for Removal.

      a)              Authority of Chairman. The Chairman of the Tribal Council of the Red Lack of Chippewa Indians shall have the authority to remove those persons described in Subdivision 1 hereof and shall issue a written order of removal to the Red Lake Police Department to carry out the terms of the removal order.

      b)              Authority of the Red Lake Tribal Court. Any member of the Red Lake Band of Chippewa Indians and law enforcement personnel, including the Red Lake Police Department and Red Lake Tribal Game Wardens, may petition the Red Lake Tribal Court to have those persons described in Subdivision 1 hereof removed from the Red Lake Indian Reservation. The petition need not be in any particular form but must state with particularity the name of the person to be removed and the grounds for such removal. The Red Lake Tribal Court upon the filing of the petition shall fix a date for a hearing on the petition, which date shall not be more than fourteen (14) days from the date of the filing of the petition. The petition along with the notice of hearing shall be served upon the person to be removed in accordance with Section 200.06 of the Code. At the hearing the Red Lake Tribal Court shall hear evidence presented by all parties. The Red Lake Tribal Court after a hearing shall render its decision and shall make its recommendation to the Red Lake Tribal Chairman as to the removal or non-removal of the individual sought to be removed. The Red Lake Tribal Chairman shall have the final decision on the removal or non-removal of an individual.

Subdivision 3.            Penalties. Any person who shall be served with a removal order and shall refuse to leave the lands of the Red Lake Indian Reservation or any person who shall return to the Red Lake Indian Reservation in violation of a removal order is guilty of trespassing.

Subdivision 4. Hearing. Any person who has been served with a written removal order as provided for herein shall have the right to request a hearing before the Red Lake Tribal Council. The request shall be in writing and shall be served by mail on the Secretary of the Red Lake Tribal Council no later than five (5) days after the date of service of the removal order. The Secretary of the Red Lake Tribal Council, upon receipt of a request for a hearing, shall schedule a hearing before the Red Lake Tribal Council no later than ten (10) days after the date of service of the request for hearing on him. Pending the date scheduled for the hearing, the person served with the removal order shall abide by all the terms of the removal order; except, the person so served may attend any scheduled hearing on the removal order or continuance thereof.

(Section 504.07 amended to the Tribal Code by Resolution No. 308-92, dated September 15, 1992)

504.08 Liquor

Subdivision 1. Definitions. An alcohol beverage is any beverage produced by distilling, brewing, or fermentation, which produces ethyl alcohol, homemade liquor, beer, malt liquor, ale, whiskey, brandy, gin, vodka, rum, wine, and including other distilled spirits, and including all dilutions and mixtures thereof.

Subdivision 2. Any person who shall possess, actually or constructively, transport or manufacture any alcohol beverage within the boundaries of the Red Lake Indian Reservation is guilty of a petty misdemeanor.

Subdivision 3. Any Person who shall sell any alcohol beverage within the boundaries of the Red Lake Indian Reservation is guilty of a gross misdemeanor. In addition to the penalties provided for a gross misdemeanor, it shall be mandatory that the defendant shall be imprisoned for six (6) months.

(Section 504.08 Amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 504.08 Subdivisions 1, 2, & 3 amended by Resolution No. 54-95, dated March 14, 1995)

504.09 Embezzlement

Any Indian, who, having the lawful custody of property not owned by him/her, shall convert the same to his own use, with the intent to deprive the owner lacy, in any manner or form, is guilty of embezzlement. Embezzlement is a gross misdemeanor.

Pursuant to Resolution No. 62-2000 Omit 504.10

504.10 Fighting Forest Fires

Any male Indian, who is physically able, between the ages of 18 and 55 years, without a good and sufficient excuse, refuses to fight forest fires on the Red Lake Indian Reservation when requested to do so by an agent of the United States Government, the Red Lake Police Department or Tribal Forest officers is guilty of a petty misdemeanor.

504.11 Curfew

Any Indian whose minor children, or any minor children under his/her care and control is found loitering or walking on the streets, highways or other public places on the Red Lake Reservation Indian Reservation without their parent or guardian between the hours 10:00 o'clock p.m. and 6:00 o'clock a.m. is guilty of a petty misdemeanor. Curfew shall be extended for a period of one hour following the conclusion of any adult supervised social event attended by a minor child. A minor child who is under the age of eighteen (18).

(Section 504.11 amended to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)

(Section 504.11 amended to the Tribal Code by Resolution No. 308-92, dated September 15, 1992)

(Section 504.11 revised to the Tribal Code by Resolution No. 54-95, dated March 15, 1995)

504.12                          Handling a Dangerous Weapon

Any Indian who does any of the following is guilty of a misdemeanor:

      a)              recklessly handles or uses a gun or other dangerous weapon so as to endanger the safety of another; or

      b)              intentionally points a gun of any kind, capable of injuring or killing a human being (whether loaded or unloaded) at or toward another human being.

(Section 504.12 added to Tribal Code by Resolution 292-93, dated September 14, 1993)

504.13                         Control of Vicious Dogs

Any Indian who causes bodily harm to another person by negligently or intentionally failing to keep a dog properly confined is guilty of a misdemeanor. It shall be an affirmative defense to liability under this section that the victim provoked the dog to cause the victim's bodily harm.

(Section 504.13 added to Tribe Code by Resolution No. 292-93, dated September 14, 1993)

504.14            Sale or Transfer to persons under eighteen. No person shall sell or transfer possession of any glue, spray paint, inhalant or room odorizer containing the intoxicating substances defined in section 700.06C to another person under eighteen (18) years of age. Any violation shall be a misdemeanor.

(Section 504.14 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)

504.15            Possessing, dealing in. No person shall, for the purpose of intentionally violating or aiding another to violate any Section 700.06C or 504.15, possess, buy, sell, transfer possession, or receive possession of any glue or spray paint containing the intoxicating substances defined in Section 700.06C. Any violation shall be a misdemeanor.

(Section 504.15 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)