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Thread: OC on BOAT in CA. (ocean)

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    Regular Member lotar4life's Avatar
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    OC on BOAT in CA. (ocean)

    I have done a search but found nothing on OC'ing on a (motor)boat in coastal waters for California specifically. Does anyone have any information on this? I have a 36' powerboat and would like to LOC on board.

    On an off topic side note: Do the same laws apply when it comes to 4th Amendment rights while on your boat as opposed to being in your car? Not too long ago I had the Coast Guard stop me on the water and inform me that they would be boarding my boat to make sure everything was in order (life jackets, fire extingishers, documents, etc.) Of course what they were probably really interested in was any contraban pertaining to weapons and/or drugs. Do I refuse consent to any search such as when I get pulled over driving?
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    Regular Member March Hare's Avatar
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    The answer to your question could be a complicated one depending on who has jurisdiction, the state of CA or the Coast Guard.

    State preserves, federal preserves, how far offshore you are, all add their own twists.
    Your best bet would be to contact the Coast Guard and ask them.

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    IMO, anyone who sails a private boat off the southern California coast, should equipment themselves with an AR15 or an AK47 along with plenty of ammo.

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    Regular Member lotar4life's Avatar
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    Quote Originally Posted by March Hare View Post
    The answer to your question could be a complicated one depending on who has jurisdiction, the state of CA or the Coast Guard.

    State preserves, federal preserves, how far offshore you are, all add their own twists.
    Your best bet would be to contact the Coast Guard and ask them.
    Yes, good point. The waters seem to be patrolled by BOTH the Harbor Patrol (which I believe is some division of the Los Angeles Police Department) as well as the Coast Guard. I guess there's also a third equation and that's that the L.A. County Lifeguards ALSO patrol to a certain extend (probably more in an observe and report capacity).

    Downright confusing!
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    Regular Member lotar4life's Avatar
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    Quote Originally Posted by GWbiker View Post
    IMO, anyone who sails a private boat off the southern California coast, should equipment themselves with an AR15 or an AK47 along with plenty of ammo.
    Haha.. you make it sound like the coast of Africa or something!
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    Heave to

    Persuant to maritime law and their federal authority the C.G. can board to inspect mandatory equipment.
    This does not warrant a search of the vessel or its occupants in the absence of RAS or a warrant.
    As for local harbor officers the same should be true.

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    Let me see if I can answer this for you seeing how I am in the Coast Guard. Persuant of 14USC89, the Coast Guard may board your vessel in State and International waters if it is a U.S. Flag vessel. 14USC89 explains it all. The Boarding Officer, should ask "Without reaching for or touching, do you have any weapons on board?". If you answer "yes", you will be disarmed. This is SOP for all Coast Guard boardings.

    Now, State Waters is from mean low tide out 12 Nautical Miles, so you would need to follow State Laws, once you are out of State Waters, you may choose to do what you would like as for carrying.

    Hope this answers your question.

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    Regular Member lotar4life's Avatar
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    Quote Originally Posted by kodiak5bears View Post
    Let me see if I can answer this for you seeing how I am in the Coast Guard. Persuant of 14USC89, the Coast Guard may board your vessel in State and International waters if it is a U.S. Flag vessel. 14USC89 explains it all. The Boarding Officer, should ask "Without reaching for or touching, do you have any weapons on board?". If you answer "yes", you will be disarmed. This is SOP for all Coast Guard boardings.

    Now, State Waters is from mean low tide out 12 Nautical Miles, so you would need to follow State Laws, once you are out of State Waters, you may choose to do what you would like as for carrying.

    Hope this answers your question.
    Clearly. Thank you sir!
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    Quote Originally Posted by lotar4life View Post
    Haha.. you make it sound like the coast of Africa or something!
    Come across armed drug runners near the Mexican border looking for fuel...or your boat, and you won't think it's so funny.

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    Regular Member lotar4life's Avatar
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    Quote Originally Posted by GWbiker View Post
    Come across armed drug runners near the Mexican border looking for fuel...or your boat, and you won't think it's so funny.
    Precisely why I want to be able to carry onboard. I never get that far South anyhow.
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    Quote Originally Posted by kodiak5bears View Post
    Let me see if I can answer this for you seeing how I am in the Coast Guard. Persuant of 14USC89, the Coast Guard may board your vessel in State and International waters if it is a U.S. Flag vessel. 14USC89 explains it all. The Boarding Officer, should ask "Without reaching for or touching, do you have any weapons on board?". If you answer "yes", you will be disarmed. This is SOP for all Coast Guard boardings.

    Now, State Waters is from mean low tide out 12 Nautical Miles, so you would need to follow State Laws, once you are out of State Waters, you may choose to do what you would like as for carrying.

    Hope this answers your question.

    So what is SOP if you declare you are exercising your right to remain silent and not answer questions without a lawyer. Can the Coast Guard then violate your rights and search? Granted it will be hard to miss a sidearm, but you could tuck it when you see the 'pirates' approach.

    What if the Flag falls overboard in a 'boating accident' can they still board? While S. Cal acts like gaza strip, they still reside on American soil. If you keep your boat on an oil slick in the gulf so you are not in the water can you ignore them? BHO says it is BP's oil slick so that makes it english territory.

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    Quote Originally Posted by SlackwareRobert View Post
    So what is SOP if you declare you are exercising your right to remain silent and not answer questions without a lawyer. Can the Coast Guard then violate your rights and search? Granted it will be hard to miss a sidearm, but you could tuck it when you see the 'pirates' approach.

    What if the Flag falls overboard in a 'boating accident' can they still board? While S. Cal acts like gaza strip, they still reside on American soil. If you keep your boat on an oil slick in the gulf so you are not in the water can you ignore them? BHO says it is BP's oil slick so that makes it english territory.
    Your first question is a good one.

    Being "US flagged" does not mean having Old Glory flapping from the mast. It basically means "registered in the US" or "operates out of the US."

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    Quote Originally Posted by SlackwareRobert View Post
    So what is SOP if you declare you are exercising your right to remain silent and not answer questions without a lawyer. Can the Coast Guard then violate your rights and search? Granted it will be hard to miss a sidearm, but you could tuck it when you see the 'pirates' approach.

    What if the Flag falls overboard in a 'boating accident' can they still board? While S. Cal acts like gaza strip, they still reside on American soil. If you keep your boat on an oil slick in the gulf so you are not in the water can you ignore them? BHO says it is BP's oil slick so that makes it english territory.
    The letters at the beginning of your boat registration indicates whether or not it is a United STATES registered vessel. As to exercise your right to remain silent, knock yourself out, it's your right. And yes, the Coast Guard will search your vessel IAW 14USC89, whether you like it or not. Then you may file a lawsuit if you so desire in Federal Court as that would be your right also. As for tucking away said firearm, that's your right also, just like you could do if pulled over by your local law enforcement. To each his own.

    The OP asked a question, I answered his question with a reference of the applicable law. I also knew my answer would have the response of "the government is evil" post. Whatever. Have a fine American Day!

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    why oc?

    Why worry about OC'ing in open waters on a boat. Is a tuna going to rob you? Street scum mostly can't swim and don't normally own boats. This is not Somalia. You get to invite the guest on your boat so no reason exist to wear a gun and risk screwing it up with salt water. Now if you want to be able to defend your boat(which is totoally unnecessary in US waters , a high powered rifle that holds lots of big bullets makes more sense, because whoever wants to do you harm, will have more than a handgun to take you out.

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    Regular Member lotar4life's Avatar
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    Quote Originally Posted by oc4ever View Post
    Why worry about OC'ing in open waters on a boat. Is a tuna going to rob you? Street scum mostly can't swim and don't normally own boats. This is not Somalia. You get to invite the guest on your boat so no reason exist to wear a gun and risk screwing it up with salt water. Now if you want to be able to defend your boat(which is totoally unnecessary in US waters , a high powered rifle that holds lots of big bullets makes more sense, because whoever wants to do you harm, will have more than a handgun to take you out.
    Well let's see here... you bring up some valid points. I don't know if you own a boat and in what area you normally operate it if so but let's see if I can answer some of your questions.

    Is a tuna going to rob me? No. At least I hope not because that would be really embarassing. As for street scum both not knowing how to swim & not owning boats, this may be true for MOST however, I've seen my fair share of "unsavory" people out on the water on someones boat. Just like violent crime, don't assume based on generalizations that it doesn't happen in certain "areas" or "situations". I'll have to say that since you bring up the fact that protecting my boat is totally unnecessary in U.S. waters, I should just ignore statistics of boat theft, etc.? I dunno... I'm not cancelling my insurance just yet

    Lastly, I'm not worried about the salt water... I carry a Glock!

    It really just comes down to the exact same reason we carry on land. Personal protection and the 2nd Amendment.
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    Regular Member 1245A Defender's Avatar
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    i had a 31ft trimaran, i sailed all over puget sound and up and down the coast.
    i always carried my 12 gauge pump, with flares, buckshot and slugs.
    been inspected by coast guard, no worries, they check registration, life jackets and fire extinguishers.
    they are not here to violate our rights!

    thank you for your service kodiak5bears
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    Quote Originally Posted by oc4ever View Post
    Why worry about OC'ing in open waters on a boat. Is a tuna going to rob you? Street scum mostly can't swim and don't normally own boats. This is not Somalia. You get to invite the guest on your boat so no reason exist to wear a gun and risk screwing it up with salt water. Now if you want to be able to defend your boat(which is totoally unnecessary in US waters , a high powered rifle that holds lots of big bullets makes more sense, because whoever wants to do you harm, will have more than a handgun to take you out.
    How are you going to protect yourself going to and from the docks? Or are you implying tucking away the firearm when you're out on the waters? If it's the latter, the question then becomes would it be more secure to put the weapon somewhere in the boat or to just leave it in the holster on your person? My vote goes towards leaving it in the holster.

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    Tuna, while they might pose a small danger, on FOX I saw a story and pics of a boat attacked by a 40 ton whale. Jumped right out of water and attacked the boat. I know if I was attacked like that I would not be able to draw concealed in time to repel the violent fish, especially if you have on your mandatory life vest.

    I don't recall any evil government, it was your "Of course you will be disarmed, standard SOP". No freedom is SOP when oppressors learn that everyone will be better off. How are you to keep the life vests from being removed from your boat and making you a criminal if you have no way to stop them?

    I prefer ground and air, but I guess I should look up those regs just in case I ditch a plane in the water. Army never covered coast guard laws when you jump into water, just that you don't want that octopus on your back that is trying to kill you to win.

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    Quote Originally Posted by kodiak5bears View Post
    Let me see if I can answer this for you seeing how I am in the Coast Guard. Persuant of 14USC89, the Coast Guard may board your vessel in State and International waters if it is a U.S. Flag vessel. 14USC89 explains it all. The Boarding Officer, should ask "Without reaching for or touching, do you have any weapons on board?". If you answer "yes", you will be disarmed. This is SOP for all Coast Guard boardings.
    Are the weapons confiscated or are they given back afterwards?

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    Quote Originally Posted by GWbiker View Post
    IMO, anyone who sails a private boat off the southern California coast, should equipment themselves with an AR15 or an AK47 along with plenty of ammo.
    Remington 870 Marine Magnum with slugs, aimed at the waterline of the approaching badguy.

    Note that the USCG is an arm of the Department of Homeland Severity and not the Commerce Department lifesaving service from which it evolved. I recently visited an old traditional USCG site and saw no American Flags in evidence, but plenty of notices of DHS, "military" (! HAH) and "no trespassing".

    I learned to despise popinjay martinets in Charleston, SC, moved and sailed two years in Lake Michigan, then pulled my Beneteau rather risk contact with them. It's on a mobile cradle in the backyard. 'Nuff said.

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