§ 2-406. Using firearm while under the influence of alcoholic beverages, chemical substances, intoxicants, or controlled substances.
A. As used in this section:
1. “To use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge; and
2. “Readily accessible for immediate discharge” means loaded and in a person’s hand.
B. Any person who is under the influence of alcoholic beverages, any chemical substance, intoxicant, or any substance controlled as defined in Chapter 5 of this Title, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this Nation commits the criminal offense of using firearm while under the influence of alcoholic beverages, chemical substances, intoxicants, or controlled substances.
C. Any person convicted of committing the criminal offense of using firearm while under the influence of alcoholic beverages, chemical substances, intoxicants, or controlled substances shall be guilty of a crime punishable by imprisonment in the Tribal Jail for a term not more than nine months, or by a fine not to exceed One Thousand Dollars ($1,000.00), or both.
D. This section does not apply to persons exercising lawful self-defense or defense of one’s property. ONCA 22-33, eff. Apr. 25, 2022.