Are Convictions for misdemeanor crimes of domestic violence entered by an Indian tribal court disqualifying under 18 U.S.C. 922 (d) (9) and (g) (9)?
Convictions for misdemeanor crimes of domestic violence entered by “tribal courts” are not disqualifying under 18 U.S.C. 922 (d) and (g) (9) since the statute expressly refers to federal and state court convictions, but does not reference tribal court convictions. However, Courts of Indian Offenses operated by the Bureau of Indian Affairs under 25 C.F.R. Part 11 are federal instrumentalities. Therefore, convictions for purposes of 18 U.S.C. 922 (d) and (g) (9). Note: For one who has been convicted of a misdemeanor crime of domestic violence, the prohibition on the possession of firearms and ammunition DOES not apply if the-individual has received a pardon for the crime, the conviction has been expunged or set-aside, or the person has had civil rights restored (if there was a loss of civil rights) AND the person is not otherwise prohibited from possessing firearms or ammunition.
Related Questions
- In determining whether a conviction in a State court is a "conviction" of a misdemeanor crime of domestic violence, does Federal or State law apply?
- How does American Indian tribal sovereignty affect the states relationships with the tribes?
- What types of crimes occur on the Miccosukee Indian Reservation?
