firearms aboard your boat

Nandy

Commander
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Apr 10, 2004
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2,145
Re: firearms aboard your boat

Well, according to N.C. law that doesn't appear to be the case. Specifically, 14-269 says a person cannot "carry concealed about his person". Your "person" and "immediate control" are two different legal terms. The link:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html

Do you know of a court decision or statute to explain what you're saying?

Are you a lawyer or just stayed in the Holiday Inn?
I don't have that and I won't spend time looking for it. It was explained in the Conceal carry class. That is good enough for me.
 

Caveman Charlie

Chief Petty Officer
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Oct 31, 2007
Messages
545
Re: firearms aboard your boat

Apparently Louisiana Fish & Wildlife can search anything, anywhere. I've been told by LE friends that they routinely take a F&W officer on a drug bust so the whole car can be legally searched (looking for a game violation of course. If the officers just happen to see something...........).


They used to do that here too in the old days.
 

PrplGld

Petty Officer 2nd Class
Joined
May 7, 2005
Messages
123
Re: firearms aboard your boat

Are you a lawyer or just stayed in the Holiday Inn?
I don't have that and I won't spend time looking for it. It was explained in the Conceal carry class. That is good enough for me.

Relax, no need to get hostile. I personally believe people should be able to back-up what they say with facts, keeps misinformation to a minimum. Some guys on another forum are trying to tell me the same thing you are about the N.C. situation but no one can come up with a legal precedent to back it up, I was just hoping you had something they didn't.
 

PrplGld

Petty Officer 2nd Class
Joined
May 7, 2005
Messages
123
Re: firearms aboard your boat

Apparently Louisiana Fish & Wildlife can search anything, anywhere. I've been told by LE friends that they routinely take a F&W officer on a drug bust so the whole car can be legally searched (looking for a game violation of course. If the officers just happen to see something...........).

I believe just about any State's Wildlife & Fisheries enforcement can search a boat/vehicle afield for game violations. I might be wrong but I think there must be some evidence that the boat/vehicle being searched is involved in hunting/fishing activities for them to become involved.
 

SgtMaj

Lieutenant Commander
Joined
Nov 19, 2007
Messages
1,997
Re: firearms aboard your boat

Apparently Louisiana Fish & Wildlife can search anything, anywhere. I've been told by LE friends that they routinely take a F&W officer on a drug bust so the whole car can be legally searched (looking for a game violation of course. If the officers just happen to see something...........).

I believe they would try that, but any lawyer capable of passing a bar exam could get that thrown out as an illegal search. Of course, if you can't afford a lawyer, you get a public defender that couldn't give a rats behind about defending you and won't even try.
 

SgtMaj

Lieutenant Commander
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Nov 19, 2007
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Re: firearms aboard your boat

Nandy and LSU Fan, you both seem to be saying the same thing.
 

Nandy

Commander
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Apr 10, 2004
Messages
2,145
Re: firearms aboard your boat

Relax, no need to get hostile. I personally believe people should be able to back-up what they say with facts, keeps misinformation to a minimum. Some guys on another forum are trying to tell me the same thing you are about the N.C. situation but no one can come up with a legal precedent to back it up, I was just hoping you had something they didn't.

Not hostile. Sorry, should have put a smillie in the holiday inn line.
 

HONKER1

Petty Officer 1st Class
Joined
Apr 1, 2007
Messages
245
Re: firearms aboard your boat

I was a witness to one incident when a boater used a flare gun to get his point across. Maybe was a little extreme retaliation for what the other boater was doing, but it sure got the attention of everyone when the flare exploded 5' above the water.
Anyway, I believe flare guns are still legal on boats?
 

JCF350

Lieutenant Junior Grade
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Oct 21, 2007
Messages
1,149
Re: firearms aboard your boat

I believe they would try that, but any lawyer capable of passing a bar exam could get that thrown out as an illegal search.

Yep, sometimes folks forget that the search parameters have been defined by the courts and not legislators (who can be very vague anytime they don't want to stick their necks out).
 

SgtMaj

Lieutenant Commander
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Messages
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Re: firearms aboard your boat

Anytime a cop asks to search you, your car, your home, your boat, etc, you should request that your lawyer be present. Unless of course you have a friend that's a cop, in which case you ask that your friend be present (even better because not only will they not plant something that wasn't there before like having your lawyer present would do for you, but even if they find something, they will likely "overlook" it).
 

Caveman Charlie

Chief Petty Officer
Joined
Oct 31, 2007
Messages
545
Re: firearms aboard your boat

How many people really keep a lawyer on retainer all the time? Besides if you say something like that the police will politely say OK have your car towed to the police station at your expense and take you to the station in handcuffs to give you time to call your lawyer. Then they will give you a telephone and a phone book and say go ahead. Of course if it's after hours no lawyer is going to answer the phone. And, even if it's during working hours how do you know which lawyer you should call. You only get one chance. Call the wrong one who doesn't want to take your case of is out when you call and your out of luck. The best most legal way to carry firearms on your boat, car, or person is to not do it. Then you don't have to worry about it. Remember, it's perfectly legal to get shot and killed. But, it's not legal to shoot and kill someone else. Even if there shooting at you.
 

JCF350

Lieutenant Junior Grade
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Messages
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Re: firearms aboard your boat

How many people really keep a lawyer on retainer all the time? Besides if you say something like that the police will politely say OK have your car towed to the police station at your expense and take you to the station in handcuffs to give you time to call your lawyer.
Here in FLA they call in the sniffer dogs, without the dog reacting to something the judges are throwing the cases out of court.

Remember, it's perfectly legal to get shot and killed. But, it's not legal to shoot and kill someone else. Even if there shooting at you.
Down here you can shoot them to defend your property. Our legislators closed up the loophole that the LEOs , prosecutors and judges were using by saying you had to be "in fear of your life". As much as national TV tried to present it as a new law it really was the law to begin with.

Also your statement on the "public defenders" office is entirely true. All they want to do is "make a deal" and move on to the next case/deal.
 

SgtMaj

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Messages
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Re: firearms aboard your boat

How many people really keep a lawyer on retainer all the time? Besides if you say something like that the police will politely say OK have your car towed to the police station at your expense and take you to the station in handcuffs to give you time to call your lawyer. Then they will give you a telephone and a phone book and say go ahead. Of course if it's after hours no lawyer is going to answer the phone. And, even if it's during working hours how do you know which lawyer you should call. You only get one chance. Call the wrong one who doesn't want to take your case of is out when you call and your out of luck. The best most legal way to carry firearms on your boat, car, or person is to not do it. Then you don't have to worry about it. Remember, it's perfectly legal to get shot and killed. But, it's not legal to shoot and kill someone else. Even if there shooting at you.

First of all, you don't need to keep a lawyer on retainer, just keep his card in your wallet no reason to pay him until he performs a service for you. Second, without any evidence that a crime was committed, the police absolutely WILL NOT do that just because you ask for your lawyer to be present. Mostly because they would get fired, but they also don't want to get sued and they know by the fact that you're asking for a lawyer that you will sue if they do something illegal to violate your well established rights like that. They will do only 2 things, and by that I mean they may try #1 for a little while, but in the end they always end up doing #2, 1: wait for your lawyer to arrive, 2: decide that it's not going to be worth the wait because they know your lawyer will tell them to get a search warrant first, which they won't be able to get because they have no evidence that a crime was ever committed. Third, if your lawyer wouldn't answer the phone at 1 in the morning, you have the wrong lawyer. I don't know many lawyers that wouldn't answer their phone any time of day or night, but here's a hint for you, you're supposed to call their cell phone, NOT their office. As far as what type of lawyer to use, it almost doesn't matter. Although attorneys specialize in certain areas, all lawyers will have a much better general understanding of the law and what your rights are than you will. But even if you're a lawyer, you should also have your own lawyer. My lawyer is a divorce attorney. I’ve never been, nor do I ever plan to get divorced, but that’s who my attorney is because I like him and he’s well liked by most of the judges here. He did our wills and I’ve gotten out of a couple of traffic tickets by asking for him before signing for the receipt of the ticket. The minute you ask for a lawyer, they say to hell with it and move on. They can write 20 tickets in the time they would have to wait for your lawyer, and if you have a halfway decent lawyer, he’ll take at least 2 hours to get there. Ask me why and I'll give you an entire dissertation on the subject. :)
 

SgtMaj

Lieutenant Commander
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Nov 19, 2007
Messages
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Re: firearms aboard your boat

Here in FLA they call in the sniffer dogs, without the dog reacting to something the judges are throwing the cases out of court.

That's true, and a good point in case you actually ARE carrying drugs, but the dogs won't react to a gun being in the glove box for example, and the main point of asking for a lawyer is to ensure that they won't PLANT drugs during the search.

Also your statement on the "public defenders" office is entirely true. All they want to do is "make a deal" and move on to the next case/deal.

That was my statement. :D
 

45Auto

Commander
Joined
May 31, 2002
Messages
2,842
Re: firearms aboard your boat

I believe they would try that, but any lawyer capable of passing a bar exam could get that thrown out as an illegal search. Of course, if you can't afford a lawyer, you get a public defender that couldn't give a rats behind about defending you and won't even try.

Public defenders aren't lawyers? They don't have to pass the bar exam? What state are you in SgtMaj?
 

45Auto

Commander
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Messages
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Re: firearms aboard your boat

But, it's not legal to shoot and kill someone else. Even if there shooting at you.

Caveman, there are many situations where it's perfectly legal to shoot and kill someone, whether or not they are shooting at you. Look at the annual FBI crime report. There have been between 10,000 - 20,000 LEGAL shootings every year for the past 20 years. Around 25% of those shootings result in death. Thats about 2,000 - 5,000 LEGAL shooting deaths every year.
 

crb478

Lieutenant Junior Grade
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Dec 6, 2006
Messages
1,036
Re: firearms aboard your boat

No, no, no... In NC if you have a loaded gun in your glove compartment and do not have a carry permit you are violating the law. The gun either has to be in plain view (dash or deck) or in a safe compartment out of your immediate reach. The best advise as far as carrying in USA is to check with the local LEO. Way too many differences across states.

If the glove compartment is locked with out the key in it it is legal to have in the glove box. If it is unlocked it is concealed. You can not have it readily accessable unless you possess a concealed carry permit, and then you must notify any Law Enforcement Officer that you have it immmediately on being stopped
 

crb478

Lieutenant Junior Grade
Joined
Dec 6, 2006
Messages
1,036
Re: firearms aboard your boat

Search incidental to arrest is limited to the person and immediate area, if he can't reach it, can't search it. Most people can reach the entire interior of their vehicle, an obvious exception would be the driver of a Suburban and the rear of his vehicle.

Chimel v. California
Terry v. Ohio

http://http://en.wikipedia.org/wiki/Terry_Stop
I'm not sure where you heard about frisking anything other than a person. Can you provide a source on this Supreme Court case you mention?

You have it, Terry Vs Ohio It also states that the entire car can be searched and that it can also be inventoried to protect against loss or unwarranted claims.
 

Benny1963

Lieutenant
Joined
Sep 17, 2006
Messages
1,476
Re: firearms aboard your boat

in louisiana its legal to carry in vechicle in sight or out of sight
im currently working at the louisiana state police building in baton rouge la
which is next to the dept of wildlife an fisheries its and extention of your homested im not saying that its the same in all states .i have been carrying since 1981 have been stopped numerous times and still have the gun that i have carryed much of this time it has been checked three times once by city police /handed it back unloaded /twice by state police / had to pick it up
at troop a /one time by game warden lastyear on local river / all times i surrenderd gun without them having to ask / i could easily get concealed carry permit due to military service and job i know hold on the side bail rec
thanks happy new year . call me paranoid but as narokami said i would
rater be judged by twelve than carriedc by 6
bennyb
 

Nandy

Commander
Joined
Apr 10, 2004
Messages
2,145
Re: firearms aboard your boat

If the glove compartment is locked with out the key in it it is legal to have in the glove box.

I am not aware of that one so I am not arguing that one.

You can not have it readily accessable unless you possess a concealed carry permit, and then you must notify any Law Enforcement Officer that you have it immmediately on being stopped

Yes you can, in NC you can keep your loaded gun in your dash and if you get stop the first thing you do is notify the LEO which already probably seen it anyway.
 
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