A member of the Navajo Nation who was convicted of felonies lost his right to carry a firearm in connection with his treaty rights, the 10th Circuit Court of Appeals ruled on Wednesday.
The court agreed that the 1868 treaty between the Navajo Nation and the United States guarantees the hunting rights of individual tribal members. But the court said that doesn't mean Dionysus Fox can violate a federal law that bars felons from carrying firearms.
"If citizens may forfeit their most precious constitutional rights by commission of a felony, it is not surprising that members of Indian tribes may similarly forfeit important treaty rights," the 10th Circuit said.
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.
"The implication seems clear that both signatories to the treaty envisioned that members of the Navajo Nation committing crimes would lose certain rights under the treaty," the court said.
10th Circuit Decision:
US v. Fox (July 29, 2009)
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