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Thread: Firearms, boating, and our rights on the water

  1. #1
    Regular Member We-the-People's Avatar
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    So the boating season is here and the wife and I are about to go out and enjoy a day of fishing on the boat. Since we open carry now, some questions have come up.

    Do marine officers have the same restrictions on the water as their land based compatriots do during a traffic stop?

    Specifically:

    1) The Coast Guard inspection sticker is a voluntary inspection and even has a consent signature block. Is this the same form the Sheriffs marine officers use and if so, I'm fairly confident we can then refuse.

    2) Baring observation of a violation of the law, can the marine officers "pull over" a boat just to "inspect" (i.e. search) it?

    3) Baring observation of a violation of the law, can they BOARD my vessel (21 foot pleasure craft on an inland lake).

    I'm asking because we'll be OCing and I don't want to give up my rights because of not knowing what they are.....nor do I want to run afoul of the law becuase I insisted on a land lubbers right that I've given up when I take to the water.

    My gut instinct says that I have the same rights on the water and that I do not have to submit to a "Coast Guard" "inspection" (search). I'd just like to have the LAW to be sure.

    Any other boaters out there that have looked into this in the past?

    I went to the marine Board site but, surprise surprise, couldn't find a page with "your rights". LOL
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  2. #2
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    Honestly if I was going on an ocean going vessel I would be more concerned with the safety of my weapon from the elements. On the open ocean you are less likely to need a weapon for defense. Except in the case of pirates of course. I don't know if this is true but I have heard that there are laws restricting how many guns you can take on an ocean going boat. I wouldn't go without a good rifle in a plastic bag that can be easily accessed. I only ran into pirates once, in the Persian gulf, And they were scared off by our big Navy guns. They came up on us at night, we run dark, they must have thought we were a powerless transport vessel of some kind. They were surprised.

  3. #3
    Regular Member We-the-People's Avatar
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    Well our boat is for inland lakes. 21 foot patio boat. I have had an incident in the past on the boat ramp that was descalated before it escalated because I was OCing. The guy was in a hurry, one lane open at the end of the season, and we weren't getting the 6 assisted living resident off the boat fast enough. He started down the ramp all puffed up and aggressive like, saw me walk around the front of the truck with strong side out and did a 180.

    Since my wife and I carry at all times, we see no reason not to do so when boating. You just never know what's going to happen on the way up to the lake, launching, recovering, and all the way back.

    As for ocean going, if I were going into pirate waters, I'd have to have at least my AR10 and preferably a 50BMP. All this crap about "less than lethal" and "non lethal" defenses is BS. The ship that had the Somali pirates take the Captain until the SEALS neutralized the situation has armed itself, much to the dismay of the candy asses sitting at desks calling for fire hoses and acoustic defenses. They repelled an attack quite sucessfully, which probably turned for easier pickins in the form of an unarmed ship.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  4. #4
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    In freshwater boating I doubt there are any laws restricting it. I might do some digging on coast guard law enforcement and such later.

  5. #5
    Regular Member We-the-People's Avatar
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    As far as my original post:

    Well from what the Marine Board replied to my inquiry there, marine officers must haveprobable cause (minor with no jacket on, speeding, dangerous maneuvering, drinking, etc.) and should be able to articulate that cause to the pilot of the vessel. It's a voluntary inspection, voluntary search.

    Here's a cut and paste of the e-mail reply I got.

    BEGIN QUOTE OF E-MAIL REPLY:

    Good Day,

    Below is the OAR as its relates to safety inspections.

    Yes, an officer must have "probable cause" to stop your boat. That officershould be able to articulate the observed violation that prompted the stop. The other scenario is youhave givenyour consent if the officer askstoconduct a safety inspection.

    Once either of the above conditions exist, the officer may "board" your boat to conduct the safety inspection.

    Links to Oregon Boating Statute (ORS)and Administrative Rules (OAR) below:

    ]http://www.oregon.gov/OSMB/BoatLaws/ORS.shtml#Chapter_830___Small_Watercraft]

    http://www.oregon.gov/OSMB/BoatLaws/ORS.shtml#Chapter_8

    30___Small_Watercraft[/url]

    http://www.oregon.gov/OSMB/BoatLaws/OARs.shtml#DIVISION_1

    0___STATEWIDE_RULES]http://www.oregon.gov/OSMB/BoatLaws/OARs.shtml#DIVISION_1

    0___STATEWIDE_RULES[/url]


    Oregon Administrative Rule 250-010-0053

    Safety Inspections

    The sheriff of each county and all other police officers responsible for enforcement of Oregon Revised Statutes, Chapter 704 and 830 and the amplifying Oregon Administrative Rules Chapter 250, are authorized to "signal boat operator to bring the boat to a stop" to conduct safety inspections:

    (1) With the owner or operator's consent; or

    (2) If a sheriff or other police officer confirms that a safety violation has occurred the sheriff or officer shall conduct a complete safety inspection to determine compliance with all other applicable safety laws.

    Oregon Administrative Rule 250-010-0051

    Definition of "Operate" and "Otherwise Use a Boat on Water".

    (1) For the purpose of ORS 830.700(5), the term "operate" means to navigate or otherwise use a boat on water:

    (2) The term "otherwise use" includes, but is not limited to, being at anchor, adrift, moored on the water, use as live-a-board residence on water or otherwise being afloat on the waters of this state.

    (3) A boat does not have to be "underway" to be in use for the purpose of titling and registration requirements as provided in ORS 830.070 to ORS 830.830.

    I hope this answers your question's, please feel free to contact me for further clarification.

    Sincerely,





    Dale Flowers
    LE Coordinator
    Oregon State Marine Board
    E-Mail dale.flowers@state.or.us


    END QUOTE


    EDITED: split the links, not sure if they'll still work now without being cut and pasted
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  6. #6
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    Hey can you fix your post? (above)

    The long links cause the whole thing to extend beyond the horizontal limit.

  7. #7
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    870 marine magnum.... made for the water...... loaded with slugs, made for pirates
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  8. #8
    Regular Member We-the-People's Avatar
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    deanf wrote:
    Hey can you fix your post? (above)

    The long links cause the whole thing to extend beyond the horizontal limit.
    Not sure how to do that but I'll give it a shot. It looks fine on my screen.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  9. #9
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    looks fine here too.

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