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Is it legal to open carry while river rafting in Washington state?
- Thread starter jsanchez
- Start date
Freedom1Man
Regular Member
(8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;
"Such as" is a non-limiting statement.
So, I personally, not being an attorney, would have to say that, yes it would be legal.
Smart, not really, however it would be legal.
"Such as" is a non-limiting statement.
So, I personally, not being an attorney, would have to say that, yes it would be legal.
Smart, not really, however it would be legal.
MSG Laigaie
Campaign Veteran
I have been known to carry a pistol while kayaking Lake Whatcom. Boomboy has witnessed this action. At a later date I will be able to give BATF a list of the weapons I have lost while doing so.
EMNofSeattle
Regular Member
Sure.... Just like the DOT says no guns on a truck driven by a CDL holder right?
amlevin
Regular Member
No such. Guns on boats are only a factor when crossing into another Country's waters. More than one fisherman carries a firearm or two on board to dispatch any fish that's too nasty to try and board while still alive. Halibut is one of those.
Also, the Coast Guard does not have any jurisdiction over non navigable waters like rivers too shallow for larger boats. Rafts aren't under their purview.
As the saying goes, "Carry On". BTW, a good water resistant lube is highly recommended, even if you're carrying a Glock
EMNofSeattle
Regular Member
No such. Guns on boats are only a factor when crossing into another Country's waters. More than one fisherman carries a firearm or two on board to dispatch any fish that's too nasty to try and board while still alive. Halibut is one of those.
Also, the Coast Guard does not have any jurisdiction over non navigable waters like rivers too shallow for larger boats. Rafts aren't under their purview.
As the saying goes, "Carry On". BTW, a good water resistant lube is highly recommended, even if you're carrying a Glock
what about state lines? If I have a yacht registered in Seattle, and I cruise on down to Los Angeles am I breaking the law by having my evil black rifle and "people hunting" 30 round magazines locked in the hold?
sirpuma
Regular Member
Once you're in CA waters, ie a port or marina then yes. It's no different than having it under the back seat of the car while driving around the state.
EMNofSeattle
Regular Member
well that's interesting, because if you're traveling internationally you're under the flag of the United States and thus subject to US law..... from what I understand if you're carrying guns aboard a boat and make a port call in Canada customs will simply hold on to your guns until you leave.....
it seems the feds... while CCW reciprocity is an issue, should at least fix the whole issue about guns aboard boats.... ironically it truly would be an interstate commerce issue....
While closer, I still disagree. Unless you are buying or selling or trading, it's not commerce. Mere possession of your own equipment would still be only in the purview of the state where you are currently doing the possessing.
That said, I also believe a marina reached through navigable waters from other states or international waters should be off-limits to the state until you take something off the boat. Of course, US law would apply once inside US territorial waters.
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EMNofSeattle
Regular Member
does the "Flag of California" offer protection at sea? does your passport say "I am a citizen of the state of Nevada"? no it doesn't.
If you're on a craft... like a 60 foot yacht, that's documented as a United States vessel flying a U.S. Ensign for the purposes of legal protection on the high seas, then it would follow as being under congress's purview to supercede state law in saying you can keep US legal firearms legal under federal law on your vessel, provided they remain on your vessel.
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I didn't imply otherwise.
Your actual point is one which I already agreed with, but noted the "Commerce Clause" is not the reason.
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sirpuma
Regular Member
My point wasn't that it would be illegal to travel between the states with firearms that are illegal in California, but once you pull into a California marina you are then subject to the laws of that state. While the chances of marina police wanting to search your vessel are slim, technically you would be violating California law by the possession of the firearm the same as if you were driving through the state and had them in your car. The stowage hold on a vessel is accessible from inside, unlike the trunk of a car. Frankly I tend to avoid the state.
As far as international travels go, once again as soon as you pull into a marina or port of that country you are subject to their laws. How they would then treat your firearms is up to them. I don't know if their customs would require a search of your vessel or only of the stuff you take off of it.
As far as international travels go, once again as soon as you pull into a marina or port of that country you are subject to their laws. How they would then treat your firearms is up to them. I don't know if their customs would require a search of your vessel or only of the stuff you take off of it.
hermannr
Regular Member
The key word is "documented". River rafts (OP) are not documented vessels
amlevin
Regular Member
You'll still be in waters subject to CA jurisdiction. Any local "Marine Patrol" like wildlife officers, state patrol, county, etc would have jurisdiction in "Local Waters".
For the most part, waters within 3 miles of the coastline are considered "Inland Waters" and State Laws can be enforced within this zone.
Of course any law enforcement would still have to have probable cause to board and search for your evil rifles and hi-cap mags. Suspected smuggling or illegal fishing is usually good enough for CA officers.
Lammo
Regular Member
I don't know about all this. Sounds like a set up for a "tragic boating accident."
sudden valley gunner
Regular Member
I don't know about all this. Sounds like a set up for a "tragic boating accident."
"Sir can you please explain how this boating accident was tragic"
"Yes, I lost all my guns!"
deanf
Regular Member
LOL! Yeah I'm sure that's true . . .
Why would clearing customs and immigration in Canada be any different when you arrive by boat?