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) Firearm means any weapon, including a starter gun, which will or is designed to or may readily be converted to
expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer.
Firearm does not include an antique firearm, a BB gun, stun gun, air rifle, or air pistol.
(3) Weapons offense shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed
one year of both.
S
ection 14-34.12. Dangerous devices.
(
a) It shall be unlawful to:
(1) Deliver or cause to be delivered to any express, railway company or common carrier, or place on the mail or
deliver to any person, or throw or place on or about the premises or property of another or in any place where another
may be injured thereby, a dangerous device, knowing it to be such, unless the threatened person is informed of the
nature thereof and its placement is for some lawful purpose; or
(2) Knowingly construct or contrive any dangerous device, or with the intent to injure another in his person or property,
have a dangerous device in one's possession.
(b) For purposes of this section, a "dangerous device" is any box, package, contrivance, bomb, or apparatus containing
or arranged with an explosive or acid or poisonous or flammable substance, chemical, or compound, or knife, loaded
firearm or other dangerous or harmful weapon or thing, constructed, contrived, or arranged so as to explode, ignite, or
throw forth its contents, or to strike with any of its parts, unexpectedly when moved, handled, or opened or after the lapse
of time or under conditions or in a manner calculated to endanger health, life, limb, or property.
(c) Dangerous devices shall be punishable by a fine not to exceed $5,000.00, by a term of imprisonment not to exceed
one year, or both.
S
ection 14-34.15. Purchase or possession of firearms, etc. by person subject to domestic violence order.
(
a) It is unlawful for any person to purchase, attempt to purchase, or possess any gun, rifle, pistol, or other firearm while
there remains in force and effect a domestic violence order issued pursuant to any federal, tribal, or state jurisdiction,
prohibiting the person from purchasing or possessing a firearm.
(b) Violation of this section shall be punishable by a fine not to exceed $15,000.00, by a term of imprisonment not to
exceed three years, or both.
Section 14-34.17. Possession of firearms, etc. by felon prohibited.
(
a) It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his
custody, care, or control any firearm or any dangerous device as defined in C.C. Section 14-34.12(b).
(b) For the purposes of this section, a firearm is any weapon, including a starter gun, which will or is designed to or may
readily be converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any firearm muffler or
firearm silencer. Firearm does not include an antique firearm, a BB gun, stun gun, air rifle, or air pistol.
(c) Prior convictions which cause disentitlement under this section shall include only the following: violations of criminal
laws of other federally recognized Indian tribes, of the states, or of the United States, that are substantially similar to the
crimes covered in Cherokee Code Chapter 14 which are punishable by imprisonment for a term exceeding one year.
(d) When a person is charged under this section, that person's records of prior convictions of any offense, regardless of
whether the prior convictions were in the Cherokee Court, in a court of another federally recognized Indian tribe, in a state
court, or in the courts of the United States, shall be admissible in evidence for the purpose of proving a violation of this
section. The term "conviction" is defined as a final judgment in any case in which felony punishment, or imprisonment for
a term exceeding one year, as the case may be, is authorized, without regard to the plea entered or to the sentence
imposed. A judgment of a conviction of the defendant or a plea of guilty by the defendant to such an offense certified by
the custodian of records of such documents in the jurisdiction where the conviction or plea was entered shall be prima
facie evidence of the facts so certified.
(e) This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred,
has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under
the law of the Eastern Band of Cherokee Indians.
(f) This section does not apply and there is no disentitlement to the possession of firearms under this section if the felony
conviction is a violation under the laws of the Cherokee Court, a court of another federally recognized Indian tribe, a state
court, or the courts of the United States, that pertains to antitrust violations, unfair trade practices, or restraints of trade.