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A. Definitions.

1. Dangerous weapon” means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury, including, but not limited to, a pistol, revolver, rifle, shotgun, spring-type knife, switchblade knife, sword, throwing star, dilly hand, chain, blackjack, bowie knife, dagger, lockblade knife, loaded cane, metal knuckles, nunchakas. In determining whether an item, object or thing not commonly known as a dangerous weapon is a dangerous weapon, the character of the instrument, object or thing, the character of the wound produced, if any, and the manner in which the instrument, item or thing was used shall be determinative.

2. Firearms” mean pistols, revolvers, rifles, shotguns and any device that is capable of being used as a weapon because it expels a projectile by some means of force.

B. A firearm or other weapon shall be deemed loaded when there is an unexpended cartridge, shell or projectile in the firing position except in the case of pistols and revolvers, in which case they shall be deemed loaded when the unexpended cartridge, shell or projectile is in such position as next to be fired.

C. It shall be unlawful to have a dangerous weapon in one’s actual possession:

1. While being addicted to any narcotic drug; or

2. After having been declared mentally incompetent; or

3. While being intoxicated or otherwise under the influence of alcoholic beverages or other intoxicating substance, drug or medicine; or

4. While possessing the intent to unlawfully assault another; or

5. While being under sixteen (16) years of age.

D. It shall be unlawful to carry a loaded firearm in a vehicle on a public road without lawful authority to do so; or to discharge any kind of firearm from a motor vehicle without lawful authority to do so; or to discharge a firearm from, upon or across any public highway without lawful authority to do so.

E. Weapons offenses shall be punishable by a fine not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or by a term of imprisonment in the Tribal Jail not to exceed one year, or both.

F. A sentence of banishment for a period of not less than three years but to a maximum of life may be imposed in addition to the punishment authorized above.