Red
Lake Court of Indian Offenses
Code – “Revisions
July 25, 2001”
CHAPTER 500 GENERAL
PROVISIONS
500.03
Criminal Offense Based
on Voluntary Intentional Conduct
501.01
Burden of Proof;
Standard of Proof
501.03
Alcoholism and
Intoxication
501.04
Mental Disease or
Defect
CHAPTER 502 CRIMES
AGAINST THE PERSON
502.04
Negligent Homicide and
Serious Bodily Injury
CHAPTER 503 CRIMES
AGAINST THE FAMILY
503.04
Non-Support of Spouse
or Child
503.05
Criminal Domestic
Violence
503.06
Compulsory School
Attendance
503.07
Neglect or Endangerment
of a Child
CHAPTER 504 CRIMES
AGAINST THE TRIBE
504.011
Handling Dangerous
Weapons - Superseded by Section 504.12
504.12
Handling a Dangerous
Weapon
504.03
Damage to Property of
the Red Lake Band
504.04
Violation of Tribal
Ordinances
504.12 Handling a Dangerous Weapon
504.13
Control of Vicious Dogs
504.14
Sale or Transfer to persons under
eighteen [intoxicating substances]
504.15
Possessing, dealing in.
CHAPTER 505 THEFT
AND RELATED CRIMES
505.02
Unauthorized Use of a
Motor Vehicle
505.04
Obtaining Public
Assistance by Fraud
CHAPTER 506
CRIMES AGAINST ADMINISTRATION
OF JUSTICE
506.03
Obstructing Legal
Process or Arrest
506.04
Aiding on Offender to
Avoid Arrest
506.05
Release, Failure to
Appear
506.06
Misconduct of Judicial
Officer
506.07
Destruction of Evidence
506.10
Refusal to Assist a
Police Officer
506.11
Witness and Juror
Tampering
CHAPTER 507 PUBLIC
MISCONDUCT OR NUISANCE
Section 507.055
Disorderly
House
Section 507.065
Gross
Misdemeanor Disorderly House
507.06
Obscene or Harassing
Telephone Calls
507.08
Attempted or Assisted
Suicide
507.09
Harassment; Stalking;
Penalties
4)
would cause a person under
such circumstances to feel
oppressed, persecuted, or intimidated; and
5)
causes this reaction on
the part of the victim.
CRIMES RELATING TO MORALITY AND
DECENCY
508.06
Carnal Knowledge of
Children
508.07
Aggravated Sexual
Assault
508.09
Contributing to
Delinquency of Minor
CHAPTER 509
DAMAGE OR TRESPASS TO
PROPERTY
509.02
Defeating Security on
Realty
509.03
Defeating Security on
Personal Property
509.06
Criminal Damage to
Property
CHAPTER 511 CRIMES
OF COMPULSION
CHAPTER 512 CRIMES
AFFECTING TRIBAL OFFICERS, EMPLOYEES
512.02
Terroristic Threats
Against Government Officials
512.03
Acts Overthrowing the
Government
CHAPTER 514 FORGERY
AND RELATED CRIMES
514.03
Obtaining Signature By
False Pretenses
514.04
False Official
Statements
515.01
Extradition of
Offenders
CHAPTER 516 CRUELTY
TO DOMESTICATED ANIMALS
516.01
Cruelty to Domesticated Animals
CHAPTER 518
CRIMES AGAINST PUBLIC
SAFETY AND HEALTH
518.01
Sale of Tobacco to
Children
No act or omission is a crime unless made so by this title or by other applicable law of the Red Lake Indian Reservation.
Subdivision 1. Crime. Crime means conduct which is prohibited by this code or ordinance of the Red Lake Band and for which the actor may be sentenced to imprisonment, with or without a fine.
Subdivision 2. Petty Misdemeanor. Petty Misdemeanor means an offense which is prohibited by law for which a sentence of a fine of not more than $200.00 may be imposed.
Subdivision 3. Misdemeanor. Misdemeanor means a crime for which a sentence of not more than six (6) months or a fine of not more than $500.00, or both, may be imposed.
Subdivision 4. Gross Misdemeanor. Gross Misdemeanor means crime which is not a petty misdemeanor or misdemeanor. The maximum sentence which may imposed for a gross misdemeanor is imprisonment for not more than one (1) year, or fine of not more than $5,000.00 or both.
Subdivision 5. Tribe. Tribe means the Red Lake Band of Chippewa Indians.
Subdivision 6. "Indian" (a) For the limited purposes of the Criminal & Juvenile Code, an Indian shall be defined as the following:
(1) An enrolled member of the Red Lake Band of Chippewa Indians; or
(2) A Person of Indian descent who is a member, either enrolled by custom, or eligible for enrollment, of any federally recognized Indian Tribe under the jurisdiction of the United States; or
(3) A descendent whose parent or grandparent is a current or former Red Lake member, or of one eligible for such membership, and who is a resident of the Red Lake Indian Reservation who is considered an Indian by the traditions, customs, culture, and mores of the Red Lake Band of Chippewa Indians.
(b) Excluding enrolled members, an Indian defined by this section, does not receive any rights or privileges of membership of the Red Lake Band of Chippewa Indians.
(Section
500.02 Subdivision 6, revised to Tribal Code by Resolution No. 167-95
dated
August 8, 1995)
No person shall be convicted of an offense except based on conduct which includes a voluntary act or the omission to perform an act of which the defendant is physically capable. Unless otherwise prohibit in this code with respect to a particular offense, an offense is established only if a person acts intentionally with respect thereto.
Subdivision 1. Criminal Intent. When criminal intent is an element of a crime in this title, such intent is indicated by the term "intentionally"; the phrase "with intent to", the phrase "with intent that" or some form of the verbs "know" or "believe."
Subdivision 2. Know. To know requires only that the actor believes that the specified fact exists.
Subdivision 3. Intentionally. Intentionally means that the actor either had a purpose to do the thing or cause the result specified or believes that his act, if successful, will cause that result. In addition, the actor must have knowledge of those facts which are necessary to make his conduct criminal and which are set forth after the word "intentionally".
Subdivision 4. With Intent To; With the intent that. "With the intent to" or "with intent that" means that the actor either has a purpose to do the thing or cause the result specified or believes that this act, if successful, will cause that result.
Subdivision 5. Proof of Law. Criminal intent does not require proof or knowledge of the existence of the law under which he is prosecuted.
Subdivision 6. "Negligent". Conduct is reckless if, with respect to a result or to a circumstance, a person should be aware of a substantial and unjustifiable risk that such a risk will occur or that such a circumstance exists, and his or her conduct involves a significant deviation from the standard of care that a reasonable person would observe.
Subdivision 7. "Reckless". Conduct is reckless if, with respect to a result or to a circumstance, a person consciously disregards a substantial risk that such a risk will occur or that such a circumstance exists, and the risk is of such a nature and degree that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the situation.
(Section
500.04 Subd. 1 amended and Subd. 8 deleted to Tribal Code by Resolution
No.
167-95 dated August 8, 1995)
An
Indian actor may be convicted and sentenced under the
laws of the
Red Lake Band of Chippewa Indians if he or she commits an
offense in
whole or in part within the boundaries of the Red Lake Indian
Reservation. It is not a defense that the
defendant's
conduct is also a criminal offense under the laws of a state or of the
United
States or of another country.
[Editor's note: strike-through and
underlines in original.]
Subdivision 1. Tribe's Burden. The tribe has the burden of proving each element of an offense beyond a reasonable doubt.
Subdivision 2. Defendant's Proof of Defense. Whenever the defendant introduces evidence of a defense to support a reasonable belief as to the existence of that defense, the Tribe has the burden of disproving such defense beyond a reasonable doubt, unless this code or another ordinance expressly requires the defendant to prove the defense by a preponderance of the evidence.
Ignorance or mistakes as to a matter of fact or law is a defense if:
a) The ignorance or mistakes negates the necessary mental state required for the commission of an offense; or
b) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.
Whenever in this Code, an offense depends on a child's being below a certain age, it is no defense that the defendant did not know the child's age, or reasonably believed the child to be older than the required age.
Subdivision 1. Alcoholism and intoxication by use of alcohol or drugs are not defense unless they negate an element of the offense.
Subdivision 2. When negligence or recklessness forms an element of the offense, self-induced intoxication by alcohol or drugs is no defense.
Subdivision 3. Alcoholism and intoxication by alcohol or drugs do not, in themselves, constitute a mental disease or defect within the meaning of the law.
Subdivision 1. A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect, as defined in the Mental Health Code, he or she lacks substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law.
Subdivision 2. As used in this Section, the terms "Mental Disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.
Subdivision 1. The use of reasonable force is a defense when a person reasonably believes that such force is immediately necessary to protect himself or herself.
Subdivision 2. A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant regardless of whether the conduct of the public servant is lawful.
Subdivision
3. A person is not justified in using
force if the conduct of
the person against whom force is used was provoked by the defendant
himself or
herself with the intent to cause physical injury to that other person.
The use of force in order to defend a third person is a defense if:
a) The defendant reasonably believes that the person whom he seeks to protect would be justified in using such protective force; and
b) The defendant has not, by provocation or otherwise, forfeited the right of self-defense; and
c) The defendant reasonably believes that intervention is necessary for the protection of such other person.
The use of force, other than deadly force, is a defense if the defendant reasonably believes that such force is necessary to prevent or terminate conduct which the defendant reasonably believes to be the commission or attempted commission of a crime involving trespass on, damage to, or theft of property.
The use of deadly force is a defense only where the defendant reasonably believes that such force is necessary to protect himself/herself or another person against death, serious bodily harm, kidnaping, a sexual act compelled by force or threat, or to prevent or terminate the commission or attempted commission of arson.
When any crime is committed or participated in by two (2) or more persons, anyone of whom participates only under compulsion by another engaged therein, who by threats creates a reasonable apprehension in the mind of such participator is liable to instant death, such threats and apprehension constitutes duress which will excuse such participator from criminal liability.
Subdivision 1. First Degree Assault. First degree assault is an act done with intent to cause fear in another person of immediate bodily harm or death or the intentional infliction of or attempt to inflict bodily harm upon another without causing any actual bodily harm. First degree assault is a petty misdemeanor.
Subdivision
2.
Second Degree
Assault. Any Indian person
who intentionally causes bodily injury to another or recklessly or
negligently
causes bodily injury to another or attempts by physical menace to put
another
in fear of serious bodily harm is guilty of second degree assault. Second degree assault is a misdemeanor.
Subdivision
3.
Third Degree
Aggravated Assault. Any Indian
person who intentionally causes serious bodily injury to another
or
intentionally causes bodily injury to another with a deadly weapon or
recklessly causes serious bodily injury to another under circumstances
manifesting indifference to the value of human life is guilty of third
degree
aggravated assault. Any Indian person
who commits a first or second degree simple assault with a deadly
weapon is
guilty of third degree aggravated assault.
Aggravated assault is a gross misdemeanor.
[Editor's note: strike-through and
underlines in original.]
Subdivision 4.
Assault of Police
Officer, Tribal Game Wardens, Tribal Security
Person and Any Law Enforcement Personnel.
a)
Any Indian
person who
commits a first or second degree simple assault against a Police
Officer,
Tribal Game Warden, Tribal Security person or any other law enforcement
personnel is guilty of a misdemeanor, unless the assault is committed
with a
deadly weapon in which case the Indian shall be guilty of a gross
misdemeanor.
b)
Any Indian
person who
commits a third degree aggravated assault against a Police Officer,
Tribal Game
Warden, Tribal Security person or any other law enforcement personnel
is guilty
of a gross misdemeanor.
(Section
502.01, Subd. 4 added to Tribal Code by Resolution No. 308-92, dated
September
15, 1992)
[Editor's note: strike-through and
underlines in original.]
Subdivision 1. Acts Constituting. Any Indian who intentionally confines or removes from one place to another, any person without his consent or, if he is under the age of sixteen (16) years, without the consent of his parents or other legal custodian, for any of the following purposes, is guilty of kidnaping:
a)
To
hold for ransom or reward for
release, or as a shield or hostage; or
b) To facilitate the commission of any crime or flight thereafter; or
c) To commit great bodily harm or to terrorize the victim or another; or
d) To hold in involuntary servitude; or
e) Violation of a court order relating to custody of a minor child.
Subdivision 2. Whoever violates Subdivision 1 is guilty of a gross misdemeanor.
Any Indian who, knowing he has no lawful authority to do so, intentionally confines or restrains a child not his own under the age of 18 years without the child's parent's or legal custodian's consent, or any other person without the person’s consent, is guilty of false imprisonment is a gross misdemeanor.
Resulting in Death. Any Indian who causes the death or bodily injury (including mental anguish) of a human being, not constituting murder or manslaughter, as a result of operation of a motor vehicle, aircraft, water craft or any other instrumentality or mechanism which causes death or bodily injury under any of the following circumstances:
a) In a grossly negligent manner; or
b)
In a
negligent manner while under the
influence of alcohol, a controlled substance, or any combination of
these
element; or
c)
In a
negligent manner while having an
alcohol concentration of 0.10, or more, is guilty of negligent homicide
or
bodily injury. Negligent homicide or
bodily injury is a gross misdemeanor.
(Section
502.04 amended to the Tribal Code by Resolution No. 205-90, dated
September 11,
1990)
Subdivision 1. Simple Robbery. Any Indian, knowing he is not entitled thereto, takes personal property from the person of another and uses or threatens the imminent use of force against any person to overcome his resistance or compels acquiescence in the taking or carrying away of the property is guilty of simple robbery. Simple robbery is a misdemeanor.
Subdivision 2. Aggravated Robbery. Any Indian who, while committing a robbery, is armed with a dangerous weapon or inflicts bodily harm upon another is guilty of aggravated robbery. Aggravated robbery is a gross misdemeanor.
502.06 Endangering an Unborn Fetus
Subd. 1. Any Indian woman who is pregnant and using alcohol, controlled substances or inhalants, is guilty of a crime and upon conviction shall be sentenced as a misdemeanor. Sentencing options shall include mandatory attendance of prenatal classes, chemical dependency assessment, appropriate chemical dependency and counseling, and random screening of alcohol and drugs.
Subd. 2. Any Indian who endangers an unborn fetus by any action or omission including but not limited to striking, kicking, pushing, or assaulting the pregnant woman shall be guilty of a misdemeanor.
(Section 502.06 added to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)
(Section 502.06, Subd. 2 added to Tribal Code by Resolution No. 54-95, dated March 14, 1995)
(Section 502.06, Subd. 1 & 2 amended to Tribal Code by Resolution No. 98-98, dated June 9, 1998)
Any Indian who does any of the following is guilty of bigamy:
a) Enters into a marriage with knowledge that his prior marriage is still valid; or
b) Enters into a marriage with knowledge that the prior marriage of the person he marries is still valid.
Bigamy is a gross misdemeanor.
When a married person has sexual intercourse with another person, not then his or her spouse, whether married or not, both are guilty of adultery.
Adultery is a misdemeanor.
Subdivision 1. Any Indian who has sexual intercourse or sexual contact with another nearer of kin to him/her than first cousin, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest. Incest is a gross misdemeanor.
Subdivision 2. Any Indian guilty of Incest, upon sentencing, shall be ordered to undergo a sex offender treatment program consistent with a psychological examination recommendation.
(Section 503.03 Subd. 1 amended and Subd. 2 added to Tribal Code by Resolution No. 216-95, dated September 28, 1995)
Subdivision 1. Any Indian who is legally obligated to provide care and support to a spouse or child and knowingly omits or fails to provide child care and support to a spouse or child care, support or supervision appropriate to the child's age, is guilty of a misdemeanor
Subdivision 2. In addition to any penalty provided for under law, the Court may provide, upon conviction of a violation of Subdivision 1 hereof, for the care and support of the child or spouse and require bond or other security to secure the performance and may suspend sentence or execution thereof, conditioned upon compliance with the Court order.
Subdivision 3. If the Court should find that an Order made pursuant to Subdivision 2 has been violated, the suspension may be revoked and the sentence imposed or executed.
Subdivision 4. In the event that a child, while unsupervised in violation of subdivision 1 hereof, or cause damage to the person or property of another, the person or persons who are legally obligated to provide care and support to such child shall be civilly liable for and damages caused by such child. A child for purposes of this section is one who is under the age of eighteen (18) years.
(Section 503.04 Amended/added to the Tribal Code by Resolution No. 264-90, dated December 11, 1990)
Subdivision 1. Probable Cause Arrest for Domestic Violence. Notwithstanding any other law to the contrary, a police officer may arrest an Indian anywhere without a warrant, including at the Indian's place of residence, if the police officer has probable cause to believe that the Indian has assaulted, made a threat with a dangerous weapon, or placed in fear of immediate bodily harm the Indian's spouse, former spouse, or other person with whom the Indian presently resides or has formally resided. The arrest may be made even though the assault did not take place in the presence of the Police Officer.
Subdivision 2. Immunity. A police officer acting in good faith and exercising due care in making an arrest pursuant to Subdivision 1 hereof is immune from civil liability that might result from the police officer's action. This immunity in no way relieves a police officer from liability caused as a result of police brutality.
Subdivision 3. Detention For Domestic Violence. An Indian who is arrested on a charge of assaulting the Indian's spouse or other person with whom the Indian resides must be transported to the Red Lake Police station or jail. The officer in charge of the police station or jail shall issue a summons to the Indian in lieu of continued detention unless it reasonably appears to the officer that the continued detention is necessary to prevent an assault to the victim or another person or there is a likelihood that the arrested Indian will fail to respond to a summons. If the arrested Indian is detained by the police department, the arrested Indian must be brought before the Red Lake Nation Court without unnecessary delay.
Subdivision 4. Notice of Rights. The police officer making an arrest under this section shall file a complaint against the alleged assaulter and shall tell the victim whether or not a shelter or other services are available to the victim on the Red Lake Reservation and give the victim immediate written notice of the legal rights and remedies available to the victim. The written notice must include the following:
a) That the victim has the right to file a petition with the Red Lake Nation Court for an Order for Protection and that an Order for Protection may include the following:
1) Restraining the perpetrator from further acts of domestic violence;
2) Excluding the perpetrator from the victim’s household; and
3) Mandatory counseling or other available social services including participation by the perpetrator in various treatment programs.
Subdivision 5. Judicial Review.
a) Upon initial appearance before the Red Lake Nation Court on a police detention for an alleged domestic violence charge, the Court shall review the facts surrounding the arrest and detention. The arrested Indian must be released pending trial on the Indian's own recognizance or bail unless the Court determines that a release would be detrimental to the public safety or a release could result in the likelihood of an assault on the victim or another person or a release will not reasonably assure the appearance of the arrested person at the next scheduled court proceeding.
b) If the Court determines that an unconditional release of the arrested person pursuant to this Subdivision is not advisable, the Court may use its discretion and impose on the arrested Indian any conditions for release that the Court believes will reasonably assure protection of the victim or another person from an assault and will assure the presence of the arrested Indian at the next scheduled court proceeding. The arrested Indian may then be released on the condition imposed by the Court.
Subdivision 6. Violation of Conditions of Release. A warrant for the arrest of the released Indian shall be issued immediately by the Court if the Court is advised in an executed writing that the released Indian has violated the conditions of release and the Court finds that probable cause exists to believe that the conditions of release have been violated.
Subdivision 7. Penalties. Upon a conviction of a charge of domestic violence, the convicted Indian shall be sentenced in accordance with the provisions of Section 502.01 of the Tribal Code. In addition to the penalties provided for section 502.01 of the Tribal Code, the Court, in the exercise of its sound discretion, may order the convicted Indian to attend mandatory counseling or treatment as a part of the sentence.
(Section 503.05 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)
Subdivision 1. Parental Responsibility. The parent of a child is responsible for assuring that the child attends school in accordance with the mandatory school attendance policy and laws of the Red Lake Reservation.
Subdivision 2. Parent Defined. Parents means a parent, guardian or other person having legal custody of a child.
Subdivision 3. Violations; Penalties. Any parent who fails or refuses to fulfill the responsibility imposed on a parent in Subdivision 1 hereof, or any person who induces or attempts to induce a child unlawfully to be absent from school or any person who knowingly harbors or employs, while school is in session, any child unlawfully absent from school shall be guilty of a misdemeanor.
(Section 503.06 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)
Persons
guilty of neglect or endangerment.
a) Neglect.
(1)
A parent,
legal guardian, or caretaker who deprives a child of necessary
(2) food, shelter, health care, or supervision appropriate to the child’s age, when the parent, or guardian, or caretaker is able to make the necessary provisions and the deprivation may likely to harm the child’s physical, mental, or emotional health is guilty of neglect of a child, which is a misdemeanor. A gross misdemeanor may result if the deprivation results in harm to the child’s physical, mental, or emotional health.
(3) A parent, legal guardian, or caretaker who knowingly permits the continuing
(4) physical or sexual abuse of a child is guilty of neglect of a child, which is a gross misdemeanor.
b) Endangerment. A parent, legal guardian, or caretaker who endangers a child by:
(1)
intentionally or recklessly causing or
permitting a child
to be placed in a situation likely to substantially harm the child’s
physical,
mental, or emotional health or cause the childs death; or
(2) knowingly causing or permitting the child to be present where any person is selling, using or possessing a controlled substance, including alcohol, is guilty of misdemeanor child endangerment.
(c). Endangerment by firearm access or other dangerous apparatus. A person who intentionally, negligently or recklessly causes a child under 14 years of age to be placed in a situation likely to harm the child’s physical health or that of any individual or cause the child’s death as a result of the child’s access to a loaded firearm is guilty of child endangerment
A gross misdemeanor may result if such endangerment results in harm to the child’s physical health.
(Section 503.07, Neglect or Endangerment of a Child added to Tribal Code by Resolution No. 74-98, dated May 12, 1998)
Subdivision 1. Definitions.
a) Handgun means a weapon designed to be fired by the use of a single hand and with an overall length less than 12 inches, or having a barrel or barrels of a length less than sixteen (16) inches; and
1) from which may be fired one or more solid projectiles by means of a cartridge or shell, or
2) for which the propelling force is a spring, elastic band, carbon dioxide, air, or other gas or vapor.
Handgun does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and commonly known as a BB gun, a scuba gun, a stud gun, or nail gun used in the construction industry or children's pop guns or toys.
b) Crime of violence includes murder in the first degree, murder in the second degree, murder in the third degree, manslaughter, aiding suicide, aiding attempted suicide, aggravated assault, use of drugs to injure or to facilitate crime, simple robbery, aggravated robbery, kidnaping, false imprisonment, rape, aggravated sodomy, felonious theft, aggravated arson, riot, burglary, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being, setting a spring gun, unlawfully owning, possessing, or operating a machine gun, conspiracy and coercion and an attempt to commit any of these offenses.
Subdivision 2. Penalty. Any Indian, other than a law enforcement officer who has authority to make arrests, who carries, holds or possesses a handgun in a motor vehicle, snowmobile or boat, or on or about his clothes or person, or otherwise in his possession or control in a public place without first having obtained a permit to carry the handgun from the Red Lake Law Enforcement Program is guilty of a gross misdemeanor, and the handgun involved may be confiscated.
Subdivision 3. Application Procedure. Application for permits to carry a handgun shall be made to the head of the Red Lake Reservation Law Enforcement Program on forms provided by that Department.
Subdivision 4. Grounds for Denial of Permit. A permit to carry a handgun shall not be granted to the applicant if applicant:
a) Is under the age of 18 years.
b) Has been convicted on the Red Lake Reservation or elsewhere of a crime of violence unless 10 years have elapsed since the expiration of the sentence and during that time he has not been convicted of any other crime of violence.
c) Is or has been confined or committed to a mental institution unless he possesses a current certificate of a medical doctor that he is no longer suffering from any mental disability.
d) Does not have any occupational or personal safety hazard requiring a permit to carry a pistol.
Subdivision 5. Denial of Permit. If the head of the Red Lake Reservation law Enforcement Program should refuse to issue a permit to carry a handgun, the applicant may appeal such denial to the Court as a civil action.
Subdivision 6. Renewal. Permits to carry a handgun issued pursuant to this section shall expire after one (1) year and shall thereafter be renewed in the same manner as the original permit.
Subdivision 7. False Application. Any applicant who gives or causes to be given any false information in applying for a permit to carry a handgun, knowing the information to be false, is subject to immediate revocation of the permit or if no permit exists, the application shall be denied.
Subdivision 8. Carrying Handguns Under Certain Conditions. A permit to carry a handgun is not required of an Indian:
a) Who keeps or possesses a handgun at his place of business, dwelling house, premises, or on land he possesses.
b) Who carries a handgun from a place of purchase to his dwelling house or place of business or from his dwelling house or place of business to or from a place where repairing is done provided the handgun is not concealed on his person.