Quechan Indian Tribe, and R & R Fireworks and Novelty Company v. James F. McMullen in His Official Capacity as California State Fire Marshal

In this case we are called upon to decide whether California may restrict the Que-chan Indian Tribe’s regulation of the sale of fireworks on its reservation pursuant to Pub.L. 83-280, § 2 , 18 U.S.C. § 1162 (1988). The district court held that California could enforce its fireworks law on the Fort Yuma Indian Reservation and granted the State’s motion for summary judgment. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 (1988). We affirm.

I

The Quechan Indian Tribe (“Tribe”) is federally recognized and exercises governmental authority over the Fort Yuma Indian Reservation, a portion of which lies in California. To generate tribal revenues and to provide employment opportunities on the reservation, the Tribe authorized the sale of federal “Class C” fireworks on the reservation. These sales were to be conducted under Special Use Permits issued by the Tribe. The Tribe issued R & R Fireworks & Novelty Co., Inc. (“R & R”) a permit. R & R sold “Class C” fireworks on the reservation on four separate occasions.

“Class C” is a federal designation for certain fireworks which may be sold to the general public. Under the California fireworks law, Cal. Health and…