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So I moved my Sailing yacht to Hampton River (This is OC Related)

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
My New Marina is just off the Hampton River (in Hampton Va )

here's where the OC comes in...

To get to my Marina I have to travel down Hampton Streets that go between Buildings of Hampton University. (Still no big deal)

but... When I'm staying aboard and have to walk the dog...

I will be OC and visible to all the kiddies going to and fro between there're various and as-sundry classes etc...

Could prove to be interesting? Will keep you all posted. The fun starts this weekend

Freeflight.
 

wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
Streets Are Public

It is just like at Va Tech or ODU - they can only tell you to LEAVE university property. The streets belong to the city. If any cops bother you, you tell them to pound sand and learn the law.

Tell them nice, but tell them.
 

6L6GC

Regular Member
Joined
Jul 9, 2007
Messages
492
Location
Newport News, Virginia, USA
If you get any hassles let me know

My New Marina is just off the Hampton River (in Hampton Va )

here's where the OC comes in...

To get to my Marina I have to travel down Hampton Streets that go between Buildings of Hampton University. (Still no big deal)

but... When I'm staying aboard and have to walk the dog...

I will be OC and visible to all the kiddies going to and fro between there're various and as-sundry classes etc...

Could prove to be interesting? Will keep you all posted. The fun starts this weekend

Freeflight.

I have spoken with Cynthia Hudson, the Hampton city attorney, on several occassions about a variety of issues concerning the lawful carry of firearms. She always handles the issues in a courteous and lawful manner. She is not really all that much of a "pro-gun" person, but she does honor the letter of the law and has helped us in the past. I am always polite to her and she is in turn to me as well.
roN
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
JUst be careful about having your firearm on board should you travel outside of strictly Virginia waters. At least you do not have to consider merely going on the water is entering the anti state of Maryland, as happens with the Potomac River. Have no idea what the USCG will have to say once you get out into the Bay.

stay safe.
 

2a4all

Regular Member
Joined
Jul 1, 2008
Messages
1,846
Location
Newport News, Virginia, USA
JUst be careful about having your firearm on board should you travel outside of strictly Virginia waters. At least you do not have to consider merely going on the water is entering the anti state of Maryland, as happens with the Potomac River. Have no idea what the USCG will have to say once you get out into the Bay.

stay safe.
As soon as he slips his mooring lines, or weighs anchor, his vessel is deemed "under way", and as such is open for inspection by any and all afloat LEOs. "Ahoy, Skipper! Heave to, and prepare to be boarded."
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
As soon as he slips his mooring lines, or weighs anchor, his vessel is deemed "under way", and as such is open for inspection by any and all afloat LEOs. "Ahoy, Skipper! Heave to, and prepare to be boarded."

Not suggesting otherwise.

But wondering (as in "Will somebody please point to me where I may learn this.") what the law says about carrying firearms on board. Given what I've read about folks sinking them before entering foreign ports I think it's OK to have them on board in international waters. Given what I have read about Maryland I think they frown on such behavior. I'm just not sure who controls what part of the Chesapeake Bay.

stay safe.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Not suggesting otherwise.

But wondering (as in "Will somebody please point to me where I may learn this.") what the law says about carrying firearms on board. Given what I've read about folks sinking them before entering foreign ports I think it's OK to have them on board in international waters. Given what I have read about Maryland I think they frown on such behavior. I'm just not sure who controls what part of the Chesapeake Bay.

stay safe.
There is a state line between the two, but unless you have a good chart and a GPS, it would be difficult to know exactly when you cross it.

http://maps.google.com/maps?ll=37.923618,-75.916901&z=10

TFred
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
Not suggesting otherwise.

But wondering (as in "Will somebody please point to me where I may learn this.") what the law says about carrying firearms on board. Given what I've read about folks sinking them before entering foreign ports I think it's OK to have them on board in international waters. Given what I have read about Maryland I think they frown on such behavior. I'm just not sure who controls what part of the Chesapeake Bay.

stay safe.

Skid.

I know all about it, (at least I think I do) I will be posting everything with cites. Looking forward to discussing this with you all. I value everyone's input and like the way this thread is morphing.

Suffice to say that Local law enforcement must have RAS to board me. And they still must ASK, I'm a "Documented" vessel, The USCG can board at will but will only look for safety items "hahaha yea right" and they still ask permission.. (they don't have to)

And I'm required to carry a firearm (its actually listed as a Safety item)

Other country's cant do anything either because they have signed the treaty..and my yacht is 40 feet of sovereign us soil owned by me.

Remember guys the Cites are coming... I have to dig them all out again and they are on the boat. The treaty and everything.
 
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ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
I am looking forward to it. I have a lot of experience with personal watercraft

Skid.

I know all about it, (at least I think I do) I will be posting everything with cites. Looking forward to discussing this with you all. I value everyone's input and like the way this thread is morphing.

Suffice to say that Local law enforcement must have RAS to board me. And they still must ASK, I'm a "Documented" vessel, The USCG can board at will but will only look for safety items "hahaha yea right" and they still ask permission.. (they don't have to)

And I'm required to carry a firearm (its actually listed as a Safety item)

Other country's cant do anything either because they have signed the treaty..and my yacht is 40 feet of sovereign us soil owned by me.

Remember guys the Cites are coming... I have to dig them all out again and they are on the boat. The treaty and everything.

I have lots of experience with personal watercraft (Canoes and Kayaks) but none with sailing vessels. I'd like to learn. Your law quotes will be very interesting.
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
Freeflight thanks in advance for your tutelage on this issue. This is a subject that has left me curious and I knew of nowhere to source the information.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Yes, I'm especially interested in the part where you are legally entitled (required?) to carry a firearm into Maryland waters...

I can see it now, the gangs of baltimore move to water craft...

TFred
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
As Promised, CITES! :)

Skid.

I know all about it, (at least I think I do) I will be posting everything with cites. Looking forward to discussing this with you all. I value everyone's input and like the way this thread is morphing.

#1 Suffice to say that Local law enforcement must have RAS to board me. And they still must ASK, I'm a "Documented" vessel, The USCG can board at will but will only look for safety items "hahaha yea right" and they still ask permission.. (they don't have to)

#2 And I'm required to carry a firearm (its actually listed as a Safety item)

#3 Other country's cant do anything either because they have signed the treaty..and my yacht is 40 feet of sovereign us soil owned by me.

Remember guys the Cites are coming... I have to dig them all out again and they are on the boat. The treaty and everything.

Here be the cites maties! arrrrgh.


Background: Here's the 1972 Colregs This is a treaty signed by USA and lots of other Maritime Nations.

The International Rules were formalized in the Convention on the International Regulations for Preventing Collisions at Sea, 1972, and became effective on July 15, 1977. The Rules (commonly called 72 COLREGS) are part of the Convention, and vessels flying the flags of states ratifying the treaty are bound to the rules. The United States has ratified this treaty and all United States flag vessels must adhere to these Rules where applicable. President Gerald R. Ford proclaimed 72 COLREGS and the Congress adopted them as the International Navigation Rules Act of 1977.

Heres the link to the entire 1972 colregs (Enjoy :>)

http://www.navcen.uscg.gov/?pageName=intlinland

Here's the list of the Maritime Nations that have signed the treaty and are bound by it.

# 3 http://www.imo.org/About/Membership/Pages/MemberStates.aspx

#2 (Well okay... not so much required but encouraged to carry...) here's the link http://www.navcen.uscg.gov/?pageName=Rule3637

Rule 36 Shows a 1911 Gun that you should fire in intervals of 1 min if you are in distress. I have all the signals aboard, as should all Vessels. (Can't fire it if you don't have it)

Other countries that you are entering into, you must give them a complete manifest of cargo for customs (everything aboard, I have listed one colt 1911 pistol under "Safety Equipment")

The only thing another country could possibly do is make you lock it up and seal it. They can't make you surrender it because they signed the TREATY!

Other states... say Maryland, New York etc don't get to know whats aboard... and they could perform a safety check the Gun will not be in plain view.

Local Leo:

LEO: Do you have any firearms aboard.
me: I have nothing illegal aboard

Let them violate my rights and perform their ILLEGAL IMMORAL "Safety Check" they need RAS to search the vessel.


USCG in a State that VIOLATES my rights like MARYLAND, NJ, ETC ETC

USCG: Do you have any firearms aboard?
me: I have nothing illegal aboard

USCG in a State that provides for my rights:

USCG: do you have any firearms aboard:
me: Yes LOTS of them.. :)


remember that the COLREGS say I can have a GUN. tough luck for Maryland, New York, New Jersey etc...


But having said all this... WARNING!!! your mileage may vary!

http://thetriton.com/article/2010/10/yacht-captain-arrested-ny-over-possession-firearm

Notice that the Coast Guard Cleared the vessel, the state swoops later and arrests the captain... SHAMEFUL...
 
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skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
As a starting point, looking at the section "Waterfront Jurisdictions" at http://en.wikipedia.org/wiki/Geogra...ersey_Harbor_Estuary#Waterfront_jurisdictions there seems to be more than enough chance to be in the wrong place at the wrong time around New Yawk City. I'm thinking that Maryland can pull a lot of the same sorts of jurisdictional claims in the Chesapeake Bay and the Potomac River (just thinking of the slots and gambling at the establishments built on the piers at Colonial Beach, Va because they were beyond the mean low water mark and thus geographically in Maryland where such was legal).

Could you clarify when your ship is considered under international maritime rules as opposed to US or state rules? Is it possible to be operating under both at the same time?

Also, do you need to be "registered" (as my automobile is) in a state and thus can you be inspected (as opposed to "searched") for compliance with registration requirements? I admit to so much ignorance about this that I am not sure I am even asking the appropriate question(s).

Anyhow - thanks for the beginnings of an exciting education.

stay safe.
 

Ric in Richmond

Regular Member
Joined
Dec 8, 2006
Messages
192
Location
Richmond, Virginia, USA
You are setting yourself up for a world of hurt in MD if you think COLREGS is going to save you or that the DNR or coasties won't search every inch of your boat RAS or not.

COLREGS line of demarcation runs from Cape Charles Light to Cape Henry....the entire bay has NOTHING to do with COLREGS....


http://www.charts.noaa.gov/OnLineViewer/12221.shtml


Zoom in and look for the dotted magenta line....

I stay the hell out of MD while armed...
 

ccwinstructor

Centurion
Joined
Jul 11, 2008
Messages
919
Location
Yuma, Arizona, USA
Thank you for the cites and the information

Here be the cites maties! arrrrgh.


Background: Here's the 1972 Colregs This is a treaty signed by USA and lots of other Maritime Nations.

The International Rules were formalized in the Convention on the International Regulations for Preventing Collisions at Sea, 1972, and became effective on July 15, 1977. The Rules (commonly called 72 COLREGS) are part of the Convention, and vessels flying the flags of states ratifying the treaty are bound to the rules. The United States has ratified this treaty and all United States flag vessels must adhere to these Rules where applicable. President Gerald R. Ford proclaimed 72 COLREGS and the Congress adopted them as the International Navigation Rules Act of 1977.

Heres the link to the entire 1972 colregs (Enjoy :>)

http://www.navcen.uscg.gov/?pageName=intlinland

Here's the list of the Maritime Nations that have signed the treaty and are bound by it.

# 3 http://www.imo.org/About/Membership/Pages/MemberStates.aspx

#2 (Well okay... not so much required but encouraged to carry...) here's the link http://www.navcen.uscg.gov/?pageName=Rule3637

Rule 36 Shows a 1911 Gun that you should fire in intervals of 1 min if you are in distress. I have all the signals aboard, as should all Vessels. (Can't fire it if you don't have it)

Other countries that you are entering into, you must give them a complete manifest of cargo for customs (everything aboard, I have listed one colt 1911 pistol under "Safety Equipment")

The only thing another country could possibly do is make you lock it up and seal it. They can't make you surrender it because they signed the TREATY!

Other states... say Maryland, New York etc don't get to know whats aboard... and they could perform a safety check the Gun will not be in plain view.

Local Leo:

LEO: Do you have any firearms aboard.
me: I have nothing illegal aboard

Let them violate my rights and perform their ILLEGAL IMMORAL "Safety Check" they need RAS to search the vessel.


USCG in a State that VIOLATES my rights like MARYLAND, NJ, ETC ETC

USCG: Do you have any firearms aboard?
me: I have nothing illegal aboard

USCG in a State that provides for my rights:

USCG: do you have any firearms aboard:
me: Yes LOTS of them.. :)


remember that the COLREGS say I can have a GUN. tough luck for Maryland, New York, New Jersey etc...


But having said all this... WARNING!!! your mileage may vary!

http://thetriton.com/article/2010/10/yacht-captain-arrested-ny-over-possession-firearm

Notice that the Coast Guard Cleared the vessel, the state swoops later and arrests the captain... SHAMEFUL...


Thanks, Good to know.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Good cites and thanks!
Since my little 22' ODay isn't going to get the same exemptions, I make a point of staying out of Maryland...but the discussion is interesting anyway.
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
You are setting yourself up for a world of hurt in MD if you think COLREGS is going to save you or that the DNR or coasties won't search every inch of your boat RAS or not.

COLREGS line of demarcation runs from Cape Charles Light to Cape Henry....the entire bay has NOTHING to do with COLREGS....


http://www.charts.noaa.gov/OnLineViewer/12221.shtml


Zoom in and look for the dotted magenta line....

I stay the hell out of MD while armed...

Well your kinda right about the colregs not being Valid inland...
Following the signing of the Convention on the International Regulations for Preventing Collisions at Sea, 1972, a new effort was made to unify and update the various inland navigation rules. This effort culminated in the enactment of the Inland Navigation Rules Act of 1980. This legislation sets out Rules 1 through 38 - the main body of the Rules. The five Annexes were published as regulations. It is important to note that with the exception of Annex V to the Inland Rules, the International and Inland Rules and Annexes are very similar in both content and format.

The Inland rules are the same as the colregs...

Again.. Tough luck MARYland.
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
As a starting point, looking at the section "Waterfront Jurisdictions" at http://en.wikipedia.org/wiki/Geogra...ersey_Harbor_Estuary#Waterfront_jurisdictions there seems to be more than enough chance to be in the wrong place at the wrong time around New Yawk City. I'm thinking that Maryland can pull a lot of the same sorts of jurisdictional claims in the Chesapeake Bay and the Potomac River (just thinking of the slots and gambling at the establishments built on the piers at Colonial Beach, Va because they were beyond the mean low water mark and thus geographically in Maryland where such was legal).

Skid, The inland rules are the same as the Colregs and are binding on the states...

Following the signing of the Convention on the International Regulations for Preventing Collisions at Sea, 1972, a new effort was made to unify and update the various inland navigation rules. This effort culminated in the enactment of the Inland Navigation Rules Act of 1980. This legislation sets out Rules 1 through 38 - the main body of the Rules. The five Annexes were published as regulations. It is important to note that with the exception of Annex V to the Inland Rules, the International and Inland Rules and Annexes are very similar in both content and format.


Could you clarify when your ship is considered under international maritime rules as opposed to US or state rules? Is it possible to be operating under both at the same time? see above Inland navigation rules act of 1980. (Its the same as the colregs)

Also, do you need to be "registered" (as my automobile is) in a state and thus can you be inspected (as opposed to "searched") for compliance with registration requirements? I admit to so much ignorance about this that I am not sure I am even asking the appropriate question(s).

You are asking the correct questions!

In Virginia NO. you do not have to get or display State registration numbers if your vessel is documented. New Yawk I bet you still have to register your watercraft with the state too.

Local Leo afloat is very interesting. I know the leo's in Hampton and are all great people. They all know I OC all the time and they all know I'm armed when they see me. They just wave and go after the little "Stink Pots" (power boats) who don't know, care etc about rights and are "Always guilty about something" Direct quote from aforementioned local leo. In fact one of them told me that they leave the big ocean going vessels alone "especially the Sailing boats because they have everything in order, and its a waste of time.

If local leo Asks to Board... Just say no. They can then ask you do show them your safety gear. That's the extent of a safety check by local leo.



Anyhow - thanks for the beginnings of an exciting education.

stay safe.

Responded within the body of you post.
 

Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
Good cites and thanks!
Since my little 22' ODay isn't going to get the same exemptions, I make a point of staying out of Maryland...but the discussion is interesting anyway.

Yeah, I *Hate* going to MARYland I even hate saying the word. Sounds so Sissy or something...

and I don't know Peter.. I think they do apply to you. Even though you are not documented, you still have to have the lights and all. These are spelled out in the colregs and inland rules of 1980.

Hey, you should come sail with us one day.

David. (Aka FreeFlight)
 
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Freeflight

Campaign Veteran
Joined
Sep 28, 2007
Messages
306
Location
Yorktown VA, ,
As soon as he slips his mooring lines, or weighs anchor, his vessel is deemed "under way", and as such is open for inspection by any and all afloat LEOs. "Ahoy, Skipper! Heave to, and prepare to be boarded."

I don't know How I missed your post!!

2a4all you already know how much 4th amendment violations chafe my *ss especially at sea. This yacht is my HOME... ( :) Meant to be good natured ribbing on my part)

but...only the Coasties can actually board me for "Inspections" Other non-descript Leos will not board. I'll show them my life preservers etc but they can only board with RAS. and they better have a warrant if they want to try.

See the Colregs and Inland rules.
 
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