Statutes | 9 GTBC ยง 341 | 2020

(a) It shall be unlawful for any person to possess a firearm who:
            (1) Is subject to any court order from a court of competent jurisdiction that restrains such person from injuring, harassing, stalking or threatening a family or household member or engaging in any other conduct that would place a family or household member in reasonable fear of bodily injury, except that this paragraph shall apply only to those orders that:
                        (A) Were issued after a hearing of which such person received actual notice and had the opportunity to participate and
                        (B) Include a finding that such person represents a credible threat to the physical safety of such household or family member or
                        (C) By its terms explicitly prohibit the use, attempted use or threatened use of physical force against such household or family members.
            (2) Has been convicted in state, federal or tribal court of any crime of domestic violence that involved the use or attempted use of physical force, or the threatened use of physical force, or the threatened use of a deadly weapon against a household or family members.
 
(b) A person subject to an order issued under Subparagraph (a)(1) or (2) may petition the court for partial restoration of firearm use privileges.
            (1) The person shall have the burden of demonstrating that:
                        (A) The person no longer constitutes a threat against any household or family member and
                        (B) Prior to issuance of the order, the person used a firearm for subsistence hunting.
            (2) If the court finds that the person has met the requirements of Subparagraph (b)(1)(A) and (B) above, the court may exercise its discretion to allow the person to use a firearm for subsistence hunting during authorized hunting seasons. Said firearm shall be stored at GTB Tribal Law Enforcement and may only be released during hunting season under terms and conditions set by the court. Said firearm may only be used for subsistence hunting. The person shall not be allowed to possess or otherwise bring said firearm or any other firearm into the person&rsquos residence. Violation of these conditions shall result in immediate revocation of firearm use privileges.
 
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.