Conscious Choice: “Illegal to Possess”

May 1996

“Illegal to Possess”

by Aliess M. Brady

There are two things that I’ve often heard said on the Red Road of Native American spirituality: "These ways are hard" and "Does it grow corn?"

Both sentiments bear witness to the harsh realities of life. Mainstream America has developed a set response to those hardships; its remedy is to earn and spend enough to construct a cushion. From the time we are young, we learn that shopping is a treat. Some of us never outgrow this lesson. Others learn to consume with care, so as to despoil as little as possible. Still, we are all of us so acclimated to consumption that we may unwittingly compromise our planet, our values, and our very spirituality, if we’re not paying attention.

Native American spirituality has been popularized by many spiritual seekers, adopted by deep ecologists as well as environmentalists who respect the Earth as our Mother and all animals as our brothers and sisters. And while there’s nothing wrong with embracing the world view of aboriginal and indigenous peoples, (in fact, there’s much to be learned) spiritual metaphors and medicine wheels can be turned all too neatly into a game of acquisition. It can quickly become fashionable to acquire the feathers or claws of one’s totem animal or spirit helper. The hucksters out there know this and use it to their advantage.

As Russell Means, actor and AIM activist says, "Just look at our powwows, those mockeries of our culture that shame us by fostering‘weekend Indians’ with no knowledge of their grandparents’ language, no appreciation for traditional Indian values, no links to the land. The powwow is the lazy way to be an Indian... .Wherever Indian people live, they have ripped off Plains Indian songs and have corrupted our traditional dances and ceremonial attire. They have stolen and adulterated my culture and have turned themselves into living parodies of my ancestors. Powwow Indians are Plains Indian wanna-bes, no different from New Agers who appropriate what is comfortable for them but won’t live the lifestyle that created the trappings. They don’t understand that a slice of pie isn’t the whole pie — but they wonder why they are always hungry."

This is criticism is very hard to hear, for there are many urban Indians and non-Indians who are genuinely called to be earthkeepers and who approach the Red Road with reverence and humility. But the American continent isn’t what it used to be. Shamanistic experience isn’t what it used to be. We no longer live on wild land, encountering wild animals daily, hunting and trapping to stay alive during cold winter months. We simply don’t have the same kind of relationship with animals and their spirits that we used to. People who are connected to the Earth may mourn this loss. They may be drawn sincerely to ceremonial tools made from feathers, claws, hoofs and hides. But their longing does not constitute permission — from either the spirits of those objects or from the U.S. government — to use those tools. In short, you can’t acquire spiritual power merely by employing spiritual tools, and you should think twice before harming animals and breaking the law in the attempt.

If you are neither a hunter nor a shopper, the dangers you face are legal rather than spiritual. Perhaps chief among the illegal practices in Native American spirituality is the widespread use of ceremonial tools (fans, wands, necklaces, altar ornaments) made from feathers, talons, teeth, bones and hides of animals, the possession of which may or may not be legal from state to state or year to year. Be aware that instances of entrapment have been reported. For example, an unsuspecting individual may receive an eagle feather as a gift and a visit from federal law enforcement within hours or days. It is therefore particularly important to be aware of the laws regarding Native American spirituality. What follows are a few general guidelines to follow in the state of Illinois.

• All raptors (predatory birds) or any part thereof, are illegal to possess. These include owls, hawks, eagles and falcons. If you are a registered Native American, you can apply for a permit to possess raptor feathers, talons, etc. for ceremonial purposes only. You will then be put on a waiting list to receive roadkill raptors picked up by the Department of Natural Resources (DNR) in your state or by the U.S. Fish & Wildlife.
• All songbirds and migratory birds that cannot be hunted may not be possessed. That includes seagulls, which are protected under federal law and are illegal to possess.
• Game birds and their parts may be given (if one has a license to hunt them) and possessed, but may not be bought or sold. These include most waterfowl, pheasant (an exotic originally from China), quail, partridge, wild turkey, rail, snipe, dove and crow.
• Roadkill birds or mammals may not be legally picked up or possessed unless (1) it is hunting season for the animal in question, and (2) the person braking for roadkill has a license to hunt that particular animal or bird. There’s one exception in Illinois: white-tailed deer killed by motorists may be picked up by anyone at any time of the year.
• Fur-bearing and game mammals and parts thereof can be possessed, bought and sold if they are not threatened or endangered and are legally acquired.
• If it can’t be legally hunted, more than likely, it can’t be possessed.
• If you can’t prove that you acquired feathers and/or ceremonial tools legally, with a note from the hunter and his/her license number, it is illegal to possess them.

These laws may seem extreme, but remember, there’s no way for law enforcement to verify whether you just found a feather on the ground or plucked it from its original owner. In fact, these laws are an important protection for wildlife, and they should be respected on grounds of principle as well as legality.

If there is any doubt in your mind that you may have illegal ceremonial tools in your possession, even if they came with papers of permission or authorization from a respected Native elder, the best course of action is to call the local DNR to find out and/or return them to the land with reverence and gratitude.

Remember, alternative health and spiritual modalities are the harbingers of a new return to an old social paradigm. For that reason, they are politically and economically threatening to the status quo. Don’t give state and federal authorities cause to further restrict your religious freedom; it’s pretty difficult to practice one’s "medicine" from behind bars. Foolish practices that beg for trouble don’t grow corn — no matter how much power they promise. The real "juice" is within the core of your being.

For any questions, please call the Law Enforcement Division of your state’s Department of Natural Resources.

Recommend this page to a friend

Top Ten pages recommended to friends: