6
Smoke Signals
BENCH NOTES
Concealed Weapoims on the Reservation
By Chief Tribal Judge
Katharine English
Last November the Court was ap
proached by a tribal member who
asked:
"I am in possession of a concealed
weapon permit granted to me by
Clackamas County. I'm worried
about carrying the gun on reserva
tion property because I received,
along with my permit, a notice that
tells me I can't carry the gun on the
reservation without a Tribal Court
Order allowing me to do so. What
should I do?"
She is correct. There is, indeed, a
federal regulation which prohibits
people from carrying concealed
weapons on Indian land unless a
Tribal Court Judge allows it. A vio
lation of that regulation is a Misde
meanor. The Clackamas County
Sheriff was trying to warn her of the
regulation by giving her the notice.
Some counties grant permits with
out giving permit holders the warn
ing. But is the law, and any Tribal
Member or non-tribal member must
get Court permission before carry
ing a concealed weapon on Indian
land.
Now, this makes sense to me.
While state and local governments
have a right to decide who should
be allowed to carry concealed weap
ons on state and county land, it is
reasonable to allow the Tribe to de
cide who gets to carry concealed
weapons on the reservation, and
what restrictions, if any, should be
placed on that privilege.
Your Tribal Council enacts your
laws (called ordinances), which I, as
your Judge must apply to the cases
before the Court. Ultimately, the
Tribal Council will pass appropriate
laws governing the carrying of con
cealed weapons on Tribal property.
At this time, however, the ordi
nances are silent on this issue. The
Tribal Council is in the process of
determining what law will be best
for the Tribe and Tribal members.
In the meantime, however, I, as
your Judge, must determine how,
and under what circumstances, to
allow members to carry concealed
weapons, so that I may grant per
mission to those of you who right
fully apply for a Court Order.
I met with the Tribal Court attor
ney, and the legal department staff,
and have developed a temporary
policy which will serve until the
Tribal Council can formally enact the
policy as law, or develop a different
law, perhaps as part of a broader
Public Safety Ordinance. With the
Tribal Attorney Office's assistance, I
have tried to develop a policy that
fairly weighs The tribal members',
non-tribal members', and visitors'
right to carry their properly licensed
concealed weapons, against the need
to protect members, non-members,
and visitors from intended, negli
gent, or accidental violence.
These new Temporary Regulations
Regarding Concealed Weapons on
Tribal Property are published in
today's Smoke Signals. If you have
a permit or license for a concealed
weapon, and you wish to carry it on
Tribal property, please apply to the
Court for permission to do so. You
may call the Court and request that
an application form be sent to you,
or you may pick one up at the Tribal
Court Clerk's office.
As your Judge, I will be writing
articles periodically for Smoke Sig
nals, in an effort to familiarize you
with your Tribal Court policies which
may affect you. Please feel free to
address any general questions about
the Court in a letter to Smoke Sig
nals, and I will attempt to answer
your inquiries.
a.
b.
c.
d.
NOTICE TO ALL
CONCEALED HANDGUN LICENSE HOLDERS
The Tribal Court of the Confederated Tribes of the Grand Ronde Com
munity promulgates the following Interim Policy regarding the posses
sion of concealed weapons on Tribal property:
TEMPORARY REGULATIONS REGARDING
CONCEALED WEAPONS ON TRIBAL PROPERTY
The Confederated Tribes of the Grand Ronde Community of Oregon
promulgates the following temporary regulations regarding the posses
sion of concealed weapons on Tribal property:
1. All persons who have been licensed to carry a concealed weapon, shall
submit an application requesting permission to possess such weapon on
Tribal Property, to the Tribal Court for the Confederated Tribes of the
Grand Ronde Community of Oregon.
2. The application shall include, but not necessarily be limited to, the
following information:
Applicant's name, address, and phone number;
Copy of photo identification (such as a driver's license, Oregon ID
card, or Tribal ID), or copy of non-photo ID (such as a social secu
rity card), and a current photograph;
Proof of Tribal membership (if applicable);
Proof of Tribal employment (if applicable);
e. Copy of applicant's concealed weapons license;
f. Description of weapon; and
g. Statement as to why the applicant desires to carry the weapon on
Tribal property.
3. The Tribal Judge shall review the application and inform the appli
cant, in writing, of the permission granted. Such permission shall state
where and when the applicant is allowed to possess the weapon with the
following exception: No permission will be granted to possess a
weapon in any Tribal Office Buildings, Spirit Mountain Casino,
Spirit Mountain Lodge, Grand Ronde Gaming Commission Of
fices, Nanitch Sahallie Treatment Center, Grand Ronde Health
and Wellness Center, or Tribal Community Center. Furthermore,
no permission will be granted to possess the weapon at any tribal
events held on tribal property (including, but not limited to, the
Tribe's Annual Pow Wow, Veterans Pow Wow, and Spirit Moun
tain Stampede). During these events, the weapon must be kept
in the licensee's locked vehicle, or in a locked recreational ve
hicle. 4. The Tribal Court Clerk shall keep a record of all applications submit
ted, and copies of all written permissions granted to successful applicants.
5. The Tribal Court Judge may, for good cause, revoke the written per
mission granted to an applicant by serving upon the applicant a notice of
revocation stating the grounds for revocation. If an applicant cannot be
located, and good cause exists, the Tribal Judge may revoke applicant's
permission absentia.
TriW &Quncil Actions
We.nutyij, Ayril ZZ, till
Tribal Council is currently meeting on Wednesdays, every two weeks.
In the past, tribal members have asked to see how specific Council mem
bers vote on the motions and resolutions at the meetings. Votes are listed
in the following order: yes-no-abstain. If all 8 votes are in favor of a
motion, the Council members' names will not be listed, since they all voted
the same way. If there is a no vote or an abstention, those members will
be listed by name. Also, the Tribal Council Chairperson only votes in the
event of a tie.
TRIBAL GOVERNMENT MANAGEMENT,
AND BUDGET SUBCOMMITTEE
D Creation of Office of Museum Development: Bob Haller moved,
and Bob Mercier seconded a motion to adopt Resolution 051-99 to
authorize the move of the Culture and Heritage program under the Tribal
Government structure and rename it "Office of Museum Development."
Motion carried, 8-0-0.
Home Repair Grant and Down Payment Grant Programs: Ed
Pearsall moved, Ed Larsen seconded a motion to adopt Resolution No.
052-99 approving policy amendments. 1. Home Repair Program add
a provision that applicants are ineligible if they received a Major Rehab
or BIA HIP grant in the previous ten years, and 2. Down Payment Pro
gram add a provision that applicants are ineligible if they previously
received a Down Payment Grant (Tribe or BIA). Motion carried 8-0-0.
D Indian Housing Plan: Bob Mercier moved, and ReynLeno seconded
a motion to adopt Resolution 053-99 approving the revisions to the 5
year and 1-year Indian Housing Plans and to approve the 2-year plan
for submission to HUD. Motion carried 8-0-0.
D Easement with Water Association, Darrel Mercier Property:
Reyn Leno moved, Leon Tom seconded a motion to adopt Resolution
054-99 authorizing to share the Tribe's easement across Darrel Mercier's
property with the Grand Ronde Community Water Association. The pur
pose of the resolution is to fulfill a Water Association condition for ap
proval of water service to the Tribe's Elder Housing Project. Motion car
ried 7-0-1. Mark Mercier abstained.
D Oregon Legal Services contract renewal: Ed Pearsall moved,
Leon Tom seconded a motion to adopt Resolution 055-99 authorizing
an increase in the contract amount of 9, and renew the contract for an
additional year. Motion carried 8-0-0.