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July 30, 2009
Can you lose an individual treaty right because of a felony conviction?
The Tenth Circuit says that you can - The 1868 treaty between the Navajo Nation and the US guarantees the individual rights of tribal members to hunt. BUT, says the Circuit Court, that runs up against the federal law that says you forfeit your right to have a firearm if you're convicted of a felony.
The court acknowledged that the federal law doesn't mention tribes and that it doesn't abrogate the Navajo Nation's treaty rights. However, the court pointed to language in the treaty that said "bad men" can be punished by U.S. laws."
July 30, 2009 in General Interest | Permalink
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