Ch. XII, Article XVIII: Dangerous Weapons, undated, reprinted in Constitution and Laws of the Cherokee Nation 228 (1875).

  • Year:
  • 1875

Sec. 88. Every person, a citizen of this Nation, who shall in any way carry arms of any kind whatever, or who shall have on or about his person any dirk, bowie knife, pistol, revolver, slung shot, metal knuckles or other dangerous arm or weapon, except a common pocket knife, unless for the purpose of hunting game, or upon a journey, or in pursuit of fugitives from justice, or in the discharge of duty by virtue of a legal summons, shall forfeit such arms or weapons to the Nation, and be fined in any sum not exceeding one hundred dollars, or be imprisoned not exceeding six months, or be both fined and imprisoned at the discretion of the court having jurisdiction.

Sec. 89. All officers required by law to act as conservators of the peace, and to enforce or serve legal processes, are exempted from this article. And it is hereby made the duty of every sheriff, town constable and their lawful deputies, to disarm all persons detected in violating the provisions of this act; to turn over quarterly to the treasurer all weapons or arms confiscated, and report the person so offending to the solicitor for indictment before the district court of the district wherein the offense was committed. The judgment of the court shall be final, and no property shall be exempt from execution and sale to satisfy such judgment, improvements excepted.

Sec. 90. One half of fines thus collected, shall be divided equally between the sheriff and solicitor, and the other half shall be paid into the treasury for the benefit of the orphans; provided, that, whenever a case is not sustained before the court trying the same,  an order shall issue from the court for the restitution of the arms seized; and the treasurer or sheriff shall restore the same accordingly. But in all other cases the arms shall be the property of the Nation, subject to the order of the National Council.

Sec. 91. Citizens of the United States, and foreigners under their protection, lawfully residing, or temporarily sojourning, in the Cherokee Nation, who shall willfully neglect, or refuse, to conform to the requirements of this act, so far as it affects citizens of the Cherokee Nation, shall thereby forfeit the protection of Cherokee laws, and the right or privilege of continuing longer in the Cherokee Nation, and shall be disarmed, arrested and turned over with such arms to the lawful authority for removal beyond the limits of the Cherokee country; provided, that the provisions of the preceding sections shall not be so construed as to annul, impair, or in any manner abridge, or destroy, the ordinances and rights of town corporations as guaranteed by law.