You are here: Home / Local Government / Fire Marshall / Jan. 1993: Ruling Fireworks on Tribal Lands

Jan. 1993: Ruling Fireworks on Tribal Lands

In the absence of congressional consent, the decision of whether a state may assert jurisdiction over an Indian Tribe turns on "whether state authority is preempted by the operation of federal law...." Cabazon, 480 U.S. at 216, 107 S.Ct. at 1092. Because we hold that Congress has given the State of California express authority to assert jurisdiction over the Tribe with respect to California's fireworks law, we do not consider the Tribe's argument that federal law preempts state jurisdiction. We hold the California fireworks law, Cal.Health and Safety Code §§ 12500 et seq., is criminal/prohibitory because the intent of the California fireworks law is generally to prohibit the sale of Class C fireworks and because the sale of Class C fireworks violated the state's public policy to protect life and property. We therefore hold that California may, pursuant to Pub.L. 83-280, § 2, 18 U.S.C. § 1162 (1988), enforce its fireworks law on the Fort Yuma Indian Reservation.The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4 CC∅

Document Actions