Unfortunately in American waters the criminals will have an added incentive not leave witnesses which could ultimately identify them.
Concealed Carry While Boating
- Thread starter rickwarner
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Unfortunately in American waters the criminals will have an added incentive not leave witnesses which could ultimately identify them.
For American sailors in Great Lakes waters:
Sailing in Canadian waters with a handgun on your boat (no matter who you are or what USA-based permits you have) is a huge no-no. Canada considers handguns 'restricted weapons' and they will be seized and not returned. Lie about them and you can face immediate arrest.
Sailing in Canadian waters with a handgun on your boat (no matter who you are or what USA-based permits you have) is a huge no-no. Canada considers handguns 'restricted weapons' and they will be seized and not returned. Lie about them and you can face immediate arrest.
Simple legally pertinent question: "unless you want them to go through your stuff with a fine toothed comb" .... what section of the general "probable cause" statutes is this covered under? ref. US Constitution - 4th amendment.
The proper reply is: "I do not submit to unauthorized searches. Am I under arrest or am I free to go?" To allow or to consent to a 'search', even 'tricked' into an unlawful search, removes any rights involved in refusing such illegal search. Never EVER agree to any search. Cops do this all this all the time, its called "LEO verbal Judo' or simply coercion .... "tell me what illegal stuff you have hidden and I'll make it easier on you" ... totally BS and if you agree to such a search there are no constitutional protections if you 'submit' to such legal 'judo'. Cops MUST have documentable probable cause to perform ANY search; Coasties do not if youre on a boat.
With the USCG on board, you would never get away with that answer of 'none of your business'. They will MAKE you respond YES or NO. Lying to a federal agent will cost you.
Interesting thread. A good resource may be the NRA on this issue. On a interstate highway in this country you can legally transport a firearm through out all 50 states providing the gun & ammo are in two separate places. The problem's begin when you exit that interstate highway depending on where you're at.
Looking at navigable waters & comparing it to a interstate highway, would the same principal apply? Don't know.
I used to keep a cut down 18 1/8" barrel , pistol grip 12 gauge on our sport fishing boat in Mass. When asked if I had a weapon aboard, told the truth, never had a problem.
Looking at navigable waters & comparing it to a interstate highway, would the same principal apply? Don't know.
I used to keep a cut down 18 1/8" barrel , pistol grip 12 gauge on our sport fishing boat in Mass. When asked if I had a weapon aboard, told the truth, never had a problem.
Jack ... you may have your posters mixed up as 'none of your business' has never been a a part of anything I have posted on this thread.
the standard correct LEGAL ANSWER is: "I do not voluntarily submit to searches; am I under arrest or am I free to go?" Once the LEO tells you that you are free to go (he has no other legal choice, unless he impends your arrest); the issue is entirely 'closed', over, and the LEO must 'withdraw' including the cessation of all further questions.
the standard correct LEGAL ANSWER is: "I do not voluntarily submit to searches; am I under arrest or am I free to go?" Once the LEO tells you that you are free to go (he has no other legal choice, unless he impends your arrest); the issue is entirely 'closed', over, and the LEO must 'withdraw' including the cessation of all further questions.
Hey Rich.
That was a statement was from Bad Obsession, whom you quoted in your last response. I posted mine before you edited yours and clarified your comments were specific to cops, who are indeed out of control on US waters.
You might find this interesting. Seems Ohio has had enough.
http://www.ohiohouse.gov/republicans/press/ohio-house-passes-boater-freedom-act
There is another factor i have not seen mentioned in the comments. I have heard of banks in order to approve a boat loan making you sign a statement you will not have firearms or your loan balance will become due. Another over-reach of a banks authority. Either sign or no loan. Has anyone else heard this?
It's not irrelevant to me. It's hard enough to get around on the deck of a small sailboat with something like a leatherman on your belt; a pistol seems just silly and maybe a bit dangerous to me. So I wanted to know why anyone would wear a weapon on their person while sailing. Sorry it bugs you so.
A 3 pound sidearm?
What the hell do you think we carry? LoL
Yes I have threaded water, and swam with a sidearm.
I never noticed my pistol.
Not even in the least.
It doesn't bother me that you asked.
It's just irrelevant.
If you don't want to carry a gun, no matter if the reason is convenience or because you don't like guns, then don't.
But if he feels that carrying a gun while sailing then so be it.
No reason to justify it on his part.
You heard the one about the little old woman stopped by the state police? They asked if she was armed and she said yes! she had a 1911 colt .45 in the center consul, a 9mm in her purse and a .44 derringer in her garter. The cop asked what she was afraid of and she said not a damn thing.!
If you are not hiding anything go ahead and respond thruthfully to any LEO. Invoking constitutional rights may backfire and get you detained until a search warrant can be procured. These guys do this for a living and are not be intimidated by someone claiming their constitutional rights. A search can be over in 10 minutes at very little expense but a court case can last months and accumulate some hefty attorney fees.
There is a not that well known law in Florida that allows any person engaged in fishing or camping to visibly carry a fire arm without a weapons permit. This law even allows the carrying from and to the place of fishing or camping. I know a sailboat is not the best platform for fishing but just throw in a fishing pole in the boat and strap on your side arm. I don't think we are talking about wearing a gun but more about having one in the boat. For personal safety I rather carry a pump shotgun aboard. I don't anticipate danger at close quarters and it can be more intimidating than a hand gun. In addition there are less legal restrictions on long guns.
Have heard of negative loan covenants barring illegal substances and materials but never against a lawfully carried weapons.
Misfits you make a good point in comparing an Interstate Highway to a navigable waterway. I do not know the answer but I would venture to say that Federal protection may not apply in those States neither on the highway or in the waterway. State troopers usually patrol those Interstates and they govern themselves by local laws. I agree that if the gun is secured, not loaded, not accesible and away from any annunition that more than likely it can be transported anywhere; that is why I indicated in that NY case that we did not know if the gun was kept loaded or accesible triggering the charges.
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