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Thread: Loaded on a boat.

  1. #1
    Regular Member Mike Hunt's Avatar
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    O.K. I think this is a goodtopic for kicking around here. I have a boat which has a cuddy for sleeping. When I am out there, this is quite practically my "place of residence", much in the same manner that an R.V. would be considered as such. I often stay out for days at a time. So say for instance I'm finished fishing for the day, anchored, eating my dinner and getting ready to turn in for the night. I know that CC would not be an issue (if I choose to do so), because that is exempted in 12027 already for fishing expeditions. But I would think that my boat would also qualify as my "campsite or temporary place of residence" under the exemptions to 12031. Seems to me that loaded carry would also be legit as I read it. Anyone have thoughts, or even firsthand experience with this?

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    Regular Member mjones's Avatar
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    With regard to the CA Penal Code I agree completely.

    However, could there possibly be Fish & Game or waterway issues?

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    Regular Member wewd's Avatar
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    How far out do you anchor? 3 nautical miles from shore you are out of California, and CA law no longer applies.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

  4. #4
    Regular Member Mike Hunt's Avatar
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    mjones wrote:
    With regard to the CA Penal Code I agree completely.

    However, could there possibly be Fish & Game or waterway issues?
    Just checked over at leginfo.ca.gov and couldn't find any sections which refer to firearms in either the DFG code or Harbor.

  5. #5
    Regular Member mjones's Avatar
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    Mike Hunt wrote:
    mjones wrote:
    With regard to the CA Penal Code I agree completely.

    However, could there possibly be Fish & Game or waterway issues?
    Just checked over at leginfo.ca.gov and couldn't find any sections which refer to firearms in either the DFG code or Harbor.
    Well, I'm on vacationso I could do a little research. Most of the codes don't refer to firearms directly....they tend to cite penal codes. 12001 seems to be the key reference.

    -------------------

    So, avoid a 'game refuge' without a permit (whatever a game refuge is...)

    F&G 10500. Except under a permit or specific authorization, it is
    unlawful to do any of the following:
    (b) To use or have in possession in a game refuge, any firearm, BB
    device as defined in subdivision (g) of Section 12001 of the Penal
    Code, crossbow, bow and arrow, or any trap or other contrivance
    designed to be, or capable of being, used to take birds or mammals,
    or to discharge any firearm or BB device or to release any arrow or
    crossbow bolt into any game refuge.


    10506. Nothing in this code prohibits the possession of firearms,
    BB devices as defined in subdivision (g) of Section 12001 of the
    Penal Code, crossbows and bolts, or bows and arrows by persons when
    traveling through any game refuges when the firearms are taken apart
    or encased and unloaded and the bows are unstrung or stored
    separately from any arrow or bolt. When the traveling is done on a
    route other than a public highway or other public thoroughfare or
    right of way, notice shall be given to the department at least 24
    hours before that traveling. The notice shall give the name and
    address of the person intending to travel through the refuge, the
    name of the refuge, the approximate route, and the approximate time
    when that person intends to travel through the refuge.


    -------------------

    Evidently you cannot 'salvage game' while armed unless you are a registered indian

    F&G 3801.6. (a) Except as otherwise provided in this code or
    regulations made pursuant thereto, it is unlawful to possess the
    carcass, skin, or parts of any nongame bird. The feathers, carcass,
    skin, or parts of any nongame bird possessed by any person in
    violation of any of the provisions of this code shall be seized by
    the department and delivered to a California Native American tribal
    government or a scientific or educational institution, used by the
    department, or destroyed.
    (2) Nothing in this section allows any person to sell nongame bird
    feathers, carcasses, skins, or parts. Native Americans meeting the
    affirmative defense requirements may salvage dead nongame birds so
    long as the person salvaging these birds does not possess, nor is in
    the company of any person who possesses, a firearm, BB device as
    defined in subdivision (g) of Section 12001 of the Penal Code, trap,
    snare, net archery equipment, device capable of discharging a
    projectile, or any apparatus designed to take birds. Salvaging shall
    not take place by any person involved in the take of the nongame bird
    to be salvaged, any person present at the time of the take, or by
    any person who received related information originating from any
    person present at the time of the take of the nongame bird. Salvaging
    pursuant to this subdivision shall not take place if a bird has been
    struck with any thrown or discharged projectile, trapped, netted,
    caught, or snared.

    -------------------

    No hunting while 'intoxicated'

    F&G 3001. It is unlawful to take birds or mammals with firearms, BB
    devices as defined in subdivision (g) of Section 12001 of the Penal
    Code, crossbows, or with bow and arrow when intoxicated.


    -------------------



  6. #6
    Regular Member Mike Hunt's Avatar
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    wewd wrote:
    How far out do you anchor? 3 nautical miles from shore you are out of California, and CA law no longer applies.
    Well that's a good tidbit to know. Could I trouble you for the applicable code if you have it?

    As far as distance from shore, it really depends on where I've been, where I am/going to, weather, etc. There are certainly places near here where that is a realistic scenario (anchoring outside 3NM), such as Horseshoe Kelp or some areas of Santa Monica Bay. Sometimes, however it's nice to just tuck into LA/LB Harbors and anchor if it's bumpy at night. Avalon (Catalina Island) is nice for this as well, but you have to rent an established mooring and it's like $25 I think.

  7. #7
    Regular Member Mike Hunt's Avatar
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    Now that's funny. "registered Indian" LOL..... "Excuse me sir, is that Indian registered?"

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    F&G 3801.6. (a) Except as otherwise provided in this code or
    regulations made pursuant thereto, it is unlawful to possess the
    carcass, skin, or parts of any nongame bird. The feathers, carcass,
    skin, or parts of any nongame bird possessed by any person in
    violation of any of the provisions of this code shall be seized by
    the department and delivered to a California Native American tribal
    government or a scientific or educational institution, used by the
    department, or destroyed.
    Wtf!? So if I had, say, an eagle feather I'm breaking the law? /facepalm

  9. #9
    Regular Member Mike Hunt's Avatar
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    NightOwl wrote:
    F&G 3801.6. (a) Except as otherwise provided in this code or
    regulations made pursuant thereto, it is unlawful to possess the
    carcass, skin, or parts of any nongame bird. The feathers, carcass,
    skin, or parts of any nongame bird possessed by any person in
    violation of any of the provisions of this code shall be seized by
    the department and delivered to a California Native American tribal
    government or a scientific or educational institution, used by the
    department, or destroyed.
    Wtf!? So if I had, say, an eagle feather I'm breaking the law? /facepalm
    .......or a Night Owl feather, LOL

  10. #10
    Regular Member Gundude's Avatar
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    Mike Hunt wrote:
    NightOwl wrote:
    F&G 3801.6. (a) Except as otherwise provided in this code or
    regulations made pursuant thereto, it is unlawful to possess the
    carcass, skin, or parts of any nongame bird. The feathers, carcass,
    skin, or parts of any nongame bird possessed by any person in
    violation of any of the provisions of this code shall be seized by
    the department and delivered to a California Native American tribal
    government or a scientific or educational institution, used by the
    department, or destroyed.
    Wtf!? So if I had, say, an eagle feather I'm breaking the law? /facepalm
    .......or a Night Owl feather, LOL
    Indian/feather story:

    An American Indian sent Hillary Clinton a dream catcher made with eagle feathers. Eagles are endangered but Indians are allowed to posses their feathers. It seems that eagle feathers aren't to be shipped off the reservations, so the Indian was arrested. (Bing "dream catcher")

    The spotted owl is also endangered. A guy in a little dink town in N. Calif had money and time on his hands and owned a pawn shop. His fav sport was bugging the city council. They found out that he had a 60 yr old stuffed spotted owl in his pawn shop and arrested him and fined him $500 for possesion of endangered bird feathers.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

  11. #11
    Regular Member wewd's Avatar
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    Mike Hunt wrote:
    wewd wrote:
    How far out do you anchor? 3 nautical miles from shore you are out of California, and CA law no longer applies.
    Well that's a good tidbit to know. Could I trouble you for the applicable code if you have it?
    Maritime law. Up until a few decades ago, international waters began three miles from shore, which was determined centuries ago by how far cannons could fire from shore. In the 80's there was an international treaty that extended the territorial waters of most countries to 12 nautical miles, the United States being one.

    Federal jurisdiction extends 12 miles for all laws, 24 miles for most customs and immigration laws, and 200 miles for an "exclusive economic zone" for stuff like fishing and oil drilling. State law still only extends 3 miles.

    There may be something mentioned in the state law but I have not seen it.
    Do you want to enjoy liberty in your lifetime?

    Consider moving to New Hampshire as part of the Free State Project.

    "Live Free or Die"

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