San Carlos Apache Criminal Ordinance
SECTION THIRTEEN
OFFENSES INVOLVING WEAPONS OR EXPLOSIVES
Section 13.1 Definitions
A. In this chapter, unless the context otherwise requires:
1. “Deadly weapon” means anything that is designed for lethal use.
The term includes a firearm.
2. “Deface” means to remove, alter or destroy the manufacturer’s serial number.
3. “Explosive” means any dynamite, nitroglycerine, black powder or other similar explosive material including plastic explosives. Explosive does not include
ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand
loading purposes.
4. “Firearm” means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or that may readily be
converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. “Prohibited weapon” means:
(a) Any explosive, incendiary or poison gas, including bombs, grenades, mines, and rockets having a propellant charge of more than four ounces. This does
not include such devices that are being used in a manner consistent with their intended purpose.
(b) Any device that is designed, made or adapted to muffle the report of a firearm.
(c) Any firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(d) Any rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a
rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
(e) Any instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or
chain, in the design of a weapon used in connection with the practice of a system of self-defense.
(f) Any breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar
device capable of being ignited.
(g) Any chemical or combination of chemicals, compounds or materials, including dry ice, that are placed in a sealed or unsealed container for the purpose of
generating a gas to cause a mechanical failure, rupture or bursting of the container.
(h) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in subdivision (a) or
(f) of this paragraph.
B. The items set forth in subsection A, paragraph 4, subdivisions (a), (b), (c) and (d) of this section do not include any firearms or devices that are registered
in the national firearms registry and transfer records of the
United States Treasury department or any firearm that has been classified as a curio or relic by the United States treasury department.
Section 13.2 Carrying a Concealed Weapon
A. A person commits Carrying a Concealed Weapon by knowingly appearing in a public place carrying a prohibited weapon, a firearm, or a dangerous
instrument:
1. concealed on his or her person in such a way that some part of the weapon is not in clear view and identifiable as a weapon; or
2. concealed within his or her immediate vicinity such that some part of the weapon is not in clear view and identifiable as a weapon.
B. In a prosecution under this section, it is a defense if such person has a permit signed by a judge of the San Carlos Apache Tribal Court permitting the
person to carry a concealed weapon or if such person is a law
enforcement officer acting in his or her official capacity.
C. A person found guilty of Carrying a Concealed Weapon may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.3 Minor in Unlawful Possession of Firearms
A. Except as provided in Subsection B, an unemancipated person who is under the age of 18 years and who is unaccompanied by a parent, guardian, legal
custodian, or certified hunting safety instructor acting with
parental consent, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation, a firearm.
B.A person shall not be guilty of Minor in Unlawful Possession of Firearms who is either: 1) over 14 years of age with a valid game license issued by the
Department of Recreation and Wildlife, or 2) between 12 and 14 years of age with a valid game license issued by the Department of Recreation and Wildlife
and a recognized hunter’s safety certificate.
C. A person found guilty of Minor in Unlawful Possession of Firearms may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to
exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.4 Unlawfully Carrying Firearms or Game-Trapping Devices
A. A person commits Unlawfully Carrying Firearms or Game-Trapping by knowingly carrying, transporting, or possessing one or more devices for taking
wildlife within or upon an area closed to the taking of wildlife.
B. This Section shall not apply to officers of the law in performance of their official duties, nor to persons traversing such closed area or over roads therein
carrying unloaded devices.
C. A person found guilty of Unlawfully Carrying Firearms or Game-Trapping Devices may be sentenced to a period of imprisonment not to exceed 60
days, a fine not to exceed $300.00, or both, with costs imposed
at the discretion of the Court.
Section 13.5 Misuse of Firearms
A. A person commits Misuse of Firearms if such person:
1. handles or discharges such firearm while under the influence of intoxicating liquor or drugs or with reckless disregard for the safety of human life or
property; or
2. knowingly discharges a firearm from a vehicle or a building or structure, whether occupied or unoccupied, across or into a road, railway, another building,
structure or vehicle, or in such a manner
as to endanger any person or property.
B. A person found guilty of Misuse of Firearms may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 13.6 Misconduct Involving Weapons
A. A person commits Misconduct Involving Weapons by knowingly:
1. Carrying a deadly weapon without a permit on his person or concealed within the immediate control of any person in or on a means of transportation;
2. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon;
3. Defacing a deadly weapon;
4. Possessing a defaced deadly weapon knowing the deadly weapon was defaced;
5. Using or possessing a deadly weapon during the commission of any offense included in this Code;
6. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a
racketeering enterprise;
7. Unless specifically authorized by law, entering any public place or attending any public event while carrying a deadly weapon on his person after
reasonable notice by the operator of the establishment
or the sponsor of the event that such conduct is prohibited;
8. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon;
9. Possessing a deadly weapon on school grounds; or
10. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would
use the firearm in the commission of any
felony.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by
that person.
C. Subsection A, paragraphs 1, 2, 4, 7, 8, and 9 of this section shall not apply to police officers or correctional officers in the performance of their official
duties.
D. A person found guilty of Misconduct with Weapons may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed
$5,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.7 Misconduct Involving Explosives
A. A person commits Misconduct Involving Explosives if such person:
1. knowingly sells, possesses, or transports explosives without having plainly and conspicuously market on the box containing the explosives the name and
explosive character of the explosive and
the date of manufacture;
2. knowingly keeps or stores more than 50 pounds of explosives in or near any building or structure within 1,500 feet of a residence;
3. knowingly keeps or stores percussion caps or any blasting powder within 200 feet of a building or structure where explosives are being stored;
4. knowingly makes, buys, sells, transports, or transfers any explosive either with intent to use the explosive to commit a crime or knowing or having
reason to know another intends to use it to
commit a crime;
5. maliciously places, attempts to explode, or explodes any explosive with intent to injure, intimidate, or terrify another, or with intent to damage another’s
property; or
6. places, attempts to explode, or explodes any explosive or simulated explosive in or near any building, vehicle or place where people frequently assemble
or pass.
B. A person found guilty of Misconduct Involving Explosives may be sentenced to a period of imprisonment not to exceed 365 days, a fine not exceed
$5,000.00, or both, with costs imposed at the discretion of the
Court.
Section 13.8 Permitting for Use of Explosives
The San Carlos Police Department shall issue a permit for selling, possessing, transporting, transferring, storing, or keeping explosives within the exterior
boundaries of the San Carlos Apache Reservation. The permittee shall present the permit for inspection to any law enforcement officer upon request.
Section 13.8 Forfeiture of Firearms and Explosives
Any weapon, firearm or explosive used in any way in the commission of an offense as defined by this Chapter may be immediately confiscated by the San
Carlos Police Department and forfeited to the San Carlos Apache Tribe by order of the Tribal Court upon the conviction of the accused.
OFFENSES INVOLVING WEAPONS OR EXPLOSIVES
Section 13.1 Definitions
A. In this chapter, unless the context otherwise requires:
1. “Deadly weapon” means anything that is designed for lethal use.
The term includes a firearm.
2. “Deface” means to remove, alter or destroy the manufacturer’s serial number.
3. “Explosive” means any dynamite, nitroglycerine, black powder or other similar explosive material including plastic explosives. Explosive does not include
ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand
loading purposes.
4. “Firearm” means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will or is designed to or that may readily be
converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. “Prohibited weapon” means:
(a) Any explosive, incendiary or poison gas, including bombs, grenades, mines, and rockets having a propellant charge of more than four ounces. This does
not include such devices that are being used in a manner consistent with their intended purpose.
(b) Any device that is designed, made or adapted to muffle the report of a firearm.
(c) Any firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(d) Any rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a
rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
(e) Any instrument, including a nunchaku, that consists of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire or
chain, in the design of a weapon used in connection with the practice of a system of self-defense.
(f) Any breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar
device capable of being ignited.
(g) Any chemical or combination of chemicals, compounds or materials, including dry ice, that are placed in a sealed or unsealed container for the purpose of
generating a gas to cause a mechanical failure, rupture or bursting of the container.
(h) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in subdivision (a) or
(f) of this paragraph.
B. The items set forth in subsection A, paragraph 4, subdivisions (a), (b), (c) and (d) of this section do not include any firearms or devices that are registered
in the national firearms registry and transfer records of the
United States Treasury department or any firearm that has been classified as a curio or relic by the United States treasury department.
Section 13.2 Carrying a Concealed Weapon
A. A person commits Carrying a Concealed Weapon by knowingly appearing in a public place carrying a prohibited weapon, a firearm, or a dangerous
instrument:
1. concealed on his or her person in such a way that some part of the weapon is not in clear view and identifiable as a weapon; or
2. concealed within his or her immediate vicinity such that some part of the weapon is not in clear view and identifiable as a weapon.
B. In a prosecution under this section, it is a defense if such person has a permit signed by a judge of the San Carlos Apache Tribal Court permitting the
person to carry a concealed weapon or if such person is a law
enforcement officer acting in his or her official capacity.
C. A person found guilty of Carrying a Concealed Weapon may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.3 Minor in Unlawful Possession of Firearms
A. Except as provided in Subsection B, an unemancipated person who is under the age of 18 years and who is unaccompanied by a parent, guardian, legal
custodian, or certified hunting safety instructor acting with
parental consent, shall not knowingly carry or possess on his person, within his immediate control, or in or on a means of transportation, a firearm.
B.A person shall not be guilty of Minor in Unlawful Possession of Firearms who is either: 1) over 14 years of age with a valid game license issued by the
Department of Recreation and Wildlife, or 2) between 12 and 14 years of age with a valid game license issued by the Department of Recreation and Wildlife
and a recognized hunter’s safety certificate.
C. A person found guilty of Minor in Unlawful Possession of Firearms may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to
exceed $1,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.4 Unlawfully Carrying Firearms or Game-Trapping Devices
A. A person commits Unlawfully Carrying Firearms or Game-Trapping by knowingly carrying, transporting, or possessing one or more devices for taking
wildlife within or upon an area closed to the taking of wildlife.
B. This Section shall not apply to officers of the law in performance of their official duties, nor to persons traversing such closed area or over roads therein
carrying unloaded devices.
C. A person found guilty of Unlawfully Carrying Firearms or Game-Trapping Devices may be sentenced to a period of imprisonment not to exceed 60
days, a fine not to exceed $300.00, or both, with costs imposed
at the discretion of the Court.
Section 13.5 Misuse of Firearms
A. A person commits Misuse of Firearms if such person:
1. handles or discharges such firearm while under the influence of intoxicating liquor or drugs or with reckless disregard for the safety of human life or
property; or
2. knowingly discharges a firearm from a vehicle or a building or structure, whether occupied or unoccupied, across or into a road, railway, another building,
structure or vehicle, or in such a manner
as to endanger any person or property.
B. A person found guilty of Misuse of Firearms may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 13.6 Misconduct Involving Weapons
A. A person commits Misconduct Involving Weapons by knowingly:
1. Carrying a deadly weapon without a permit on his person or concealed within the immediate control of any person in or on a means of transportation;
2. Manufacturing, possessing, transporting, selling or transferring a prohibited weapon;
3. Defacing a deadly weapon;
4. Possessing a defaced deadly weapon knowing the deadly weapon was defaced;
5. Using or possessing a deadly weapon during the commission of any offense included in this Code;
6. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a
racketeering enterprise;
7. Unless specifically authorized by law, entering any public place or attending any public event while carrying a deadly weapon on his person after
reasonable notice by the operator of the establishment
or the sponsor of the event that such conduct is prohibited;
8. Unless specifically authorized by law, entering an election polling place on the day of any election carrying a deadly weapon;
9. Possessing a deadly weapon on school grounds; or
10. Supplying, selling or giving possession or control of a firearm to another person if the person knows or has reason to know that the other person would
use the firearm in the commission of any
felony.
B. Subsection A, paragraph 1 of this section shall not apply to a person in his dwelling, on his business premises or on real property owned or leased by
that person.
C. Subsection A, paragraphs 1, 2, 4, 7, 8, and 9 of this section shall not apply to police officers or correctional officers in the performance of their official
duties.
D. A person found guilty of Misconduct with Weapons may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed
$5,000.00, or both, with costs imposed at the discretion of the Court.
Section 13.7 Misconduct Involving Explosives
A. A person commits Misconduct Involving Explosives if such person:
1. knowingly sells, possesses, or transports explosives without having plainly and conspicuously market on the box containing the explosives the name and
explosive character of the explosive and
the date of manufacture;
2. knowingly keeps or stores more than 50 pounds of explosives in or near any building or structure within 1,500 feet of a residence;
3. knowingly keeps or stores percussion caps or any blasting powder within 200 feet of a building or structure where explosives are being stored;
4. knowingly makes, buys, sells, transports, or transfers any explosive either with intent to use the explosive to commit a crime or knowing or having
reason to know another intends to use it to
commit a crime;
5. maliciously places, attempts to explode, or explodes any explosive with intent to injure, intimidate, or terrify another, or with intent to damage another’s
property; or
6. places, attempts to explode, or explodes any explosive or simulated explosive in or near any building, vehicle or place where people frequently assemble
or pass.
B. A person found guilty of Misconduct Involving Explosives may be sentenced to a period of imprisonment not to exceed 365 days, a fine not exceed
$5,000.00, or both, with costs imposed at the discretion of the
Court.
Section 13.8 Permitting for Use of Explosives
The San Carlos Police Department shall issue a permit for selling, possessing, transporting, transferring, storing, or keeping explosives within the exterior
boundaries of the San Carlos Apache Reservation. The permittee shall present the permit for inspection to any law enforcement officer upon request.
Section 13.8 Forfeiture of Firearms and Explosives
Any weapon, firearm or explosive used in any way in the commission of an offense as defined by this Chapter may be immediately confiscated by the San
Carlos Police Department and forfeited to the San Carlos Apache Tribe by order of the Tribal Court upon the conviction of the accused.
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"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"