|
|
It is currently Tue May 14, 2024 7:49 pm
|
View unanswered posts | View active topics
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Carry on 'border waters'?
Author |
Message |
gyrfalcon
|
Post subject: Posted: Mon Jun 08, 2009 9:31 am |
|
Senior Member |
|
Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
|
johngagemn wrote: Actually, that WI statute specifies "motorboat", so theoretically if you were in a canoe, kayak, rowboat, etc you should be OK. Then again, I don't own a boat, tough I have been called a "motorboatin' S.O.B.".
Do you know the Wisconsin statues that say "motorboat"? Searching Wisconsin law is not very fun since they put every section in PDF.
_________________
In a big country dreams stay with you, like a lover's voice fires the mountainside. Stay alive.
|
|
|
|
|
DeanC
|
Post subject: Posted: Mon Jun 08, 2009 9:53 am |
|
Longtime Regular |
|
Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
|
_________________ I am defending myself... in favor of that!
|
|
|
|
|
johngagemn
|
Post subject: Posted: Mon Jun 08, 2009 11:54 am |
|
Journeyman Member |
|
Joined: Thu Aug 11, 2005 9:28 am Posts: 84 Location: Hoodbury, MN aka: The Wood
|
gyrfalcon wrote: johngagemn wrote: Actually, that WI statute specifies "motorboat", so theoretically if you were in a canoe, kayak, rowboat, etc you should be OK. Then again, I don't own a boat, tough I have been called a "motorboatin' S.O.B.". Do you know the Wisconsin statues that say "motorboat"? Searching Wisconsin law is not very fun since they put every section in PDF. From page three of this thread: bkrafft wrote: According to <a href=http://www.legis.state.wi.us/LRB/pubs/wb/08wb16.pdf target=new>Wisonsin Briefs</a> from the Legislative Reference Bureau (page 5): Quote: Transportation of firearms. In general, possessing or transporting a firearm in a motor vehicle, motorboat, all-terrain vehicle, or air-craft is prohibited unless the gun is unloaded and in a carrying case. [ss. 167.31 (2) and (3), 23.33 (3) (e)] An unlawfully transported fire-arm is a public nuisance. [s. 29.927 (6g)]
_________________ Charter Member, Red Knights MC - MN 4
"Loyal To Our Duty"
|
|
|
|
|
johngagemn
|
Post subject: Posted: Mon Jun 08, 2009 12:15 pm |
|
Journeyman Member |
|
Joined: Thu Aug 11, 2005 9:28 am Posts: 84 Location: Hoodbury, MN aka: The Wood
|
This appears to be the pertinent info:
Quote: 167.31 Safe use and transportation of firearms and bows. (1) DEFINITIONS. In this section: (a) “Aircraft” has the meaning given under s. 114.002 (3). (b) “Encased” means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed. (bg) “Family member of the landowner” means a person who is related to the landowner as a parent, child, spouse, or sibling. (bn) “Farm tractor” has the meaning given in s. 340.01 (16). (c) “Firearm” means a weapon that acts by force of gunpowder. (d) “Highway” has the meaning given under s. 340.01 (22). (dm) “Implement of husbandry” has the meaning given in s. 340.01 (24). (e) “Motorboat” has the meaning given under s. 30.50 (6). (em) “Peace officer” has the meaning given in s. 939.22 (22). (et) “Private security person” has the meaning given in s. 440.26 (1m) (h). (f) “Roadway” has the meaning given under s. 340.01 (54). (fm) “Street” means a highway that is within the corporate limits of a city or village. (fr) “Transmission facility” means any pipe, pipeline, duct, wire, cable, line, conduit, pole, tower, equipment, or other structure used to transmit or distribute electricity to or for the public or to transmit or distribute communications or data to or from the public. (g) “Unloaded” means any of the following: 1. Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm. 2. In the case of a cap lock muzzle−loading firearm, having the cap removed. 3. In the case of a flint lock muzzle−loading firearm, having the flashpan cleaned of powder. (h) “Vehicle” has the meaning given in s. 340.01 (74), and includes a snowmobile, as defined in s. 340.01 (58a), and an electric personal assistive mobility device, as defined in s. 340.01 (15pm), except that for purposes of subs. (4) (c) and (cg) and (4m)“vehicle” has the meaning given for “motor vehicle” in s. 29.001 (57). (2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND ROADWAYS. (a) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case. and, under WI 30.50: Quote: (6) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion.
30.50(7) (7) "Nonmotorized boat" means a boat which is not a motorboat but which is designed and constructed to be used as a boat for transportation of a person or persons on water. This term includes, but is not limited to, any canoe, sailboat, inflatable boat or similar device, row boat, raft and dinghy which is not a motorboat.
_________________ Charter Member, Red Knights MC - MN 4
"Loyal To Our Duty"
|
|
|
|
|
Dave Pendleton
|
Post subject: Posted: Mon Jun 08, 2009 10:40 pm |
|
Senior Member |
|
Joined: Wed May 07, 2008 4:05 pm Posts: 312 Location: SE Metro
|
Does anyone know who I might actually pay for this legal advice?
All this speculation is driving me crazy, I'm getting out my wallet.
|
|
|
|
|
DeanC
|
Post subject: Posted: Mon Jun 08, 2009 10:42 pm |
|
Longtime Regular |
|
Joined: Thu Mar 09, 2006 9:54 am Posts: 5270 Location: Minneapolis
|
Despite what you pay a lawyer for an opinion, it will still be an opinion until somebody gets busted for it and it is adjudicated.
_________________ I am defending myself... in favor of that!
|
|
|
|
|
Dave Pendleton
|
Post subject: Posted: Mon Jun 08, 2009 11:04 pm |
|
Senior Member |
|
Joined: Wed May 07, 2008 4:05 pm Posts: 312 Location: SE Metro
|
I've kept a boat on the St. Croix since 1996. I spend the majority of my boating time on the St. Croix between Hudson, WI and Prescott, WI.
When I'm on the St. Croix, I don't carry. I don't even have my handgun on the boat. Purists will pillory me for this, but you don't understand what it means to be on the water.
Sure, if my engine dies just as I am encountering some mad, waterborne active shooter, I'm screwed... Otherwise, I'm pretty sure I could just motor away at high speed. I suppose the worst I would experience is some James Bond kind of boat chase.
I'll play those odds, if it's okay with you.
Conversely, I also do a lot of camping on the Upper Mississippi (above LD#2). This usually means I am going to be in one place, rather immobile, for a period of time, and as such, vulnerable.
I've been approached (while beached/camped) by other vessels at "unusual" hours of the night/morning asking for beer, directions,a cell phone or other items.
On these types of trips I carry. No question.
|
|
|
|
|
Andrew Rothman
|
Post subject: Posted: Mon Jun 08, 2009 11:39 pm |
|
Longtime Regular |
|
Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
|
Dave Pendleton wrote: Does anyone know who I might actually pay for this legal advice?
All this speculation is driving me crazy, I'm getting out my wallet.
Send me the check -- I'll find a good use for the money. Oh, a qualified opinion? No question at all: Brian Toder.
Just remember that his "opinion" carries no more force of law than mine (though it may be more accurate ).
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
|
|
|
|
|
gyrfalcon
|
Post subject: Posted: Tue Jun 09, 2009 12:21 am |
|
Senior Member |
|
Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
|
Dave Pendleton wrote: Does anyone know who I might actually pay for this legal advice?
All this speculation is driving me crazy, I'm getting out my wallet.
My take on concurrent jurisdiction is fairly well founded.
Sec. 2. And be it further enacted, That the State of Minnesota shall have concurrent jurisdiction on the Mississippi and all other rivers and waters bordering on the said State of Minnesota, so far as the same shall form a common boundary to said state and any state or states now or hereafter to be formed or bounded by the same; and said river or waters leading into the same shall be common highways, and forever free, as well to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost, or toll therefor. http://www.sos.state.mn.us/templates/pr ... p?page=646
<a href="http://books.google.com/books?id=QLq2AAAAIAAJ&dq=concurrent%20jurisdiction%20border%20waters%20mississippi&pg=RA1-PA959&ci=78,117,828,396&source=bookclip"><img src="http://books.google.com/books?id=QLq2AAAAIAAJ&pg=RA1-PA959&img=1&zoom=3&hl=en&sig=ACfU3U3FoyifY2KH-wuLzg5V_R5BqP5OEA&ci=78%2C117%2C828%2C396&edge=1" border="0" alt="Text not available"/></a><br/><a href="http://books.google.com/books?id=QLq2AAAAIAAJ&dq=concurrent%20jurisdiction%20border%20waters%20mississippi&pg=RA1-PA959&ci=78,117,828,396&source=bookclip">The Lawyers Reports Annotated By Robert Desty, Burdett Alberto Rich, Henry Philip Farnham, Edmund Hamilton Smith</a>
_________________
In a big country dreams stay with you, like a lover's voice fires the mountainside. Stay alive.
|
|
|
|
|
Dave Pendleton
|
Post subject: Posted: Tue Jun 09, 2009 5:37 pm |
|
Senior Member |
|
Joined: Wed May 07, 2008 4:05 pm Posts: 312 Location: SE Metro
|
Actually, gyrfalcon, I was being a little bit facetious; not disrespectful.
Thank you for the information.
|
|
|
|
|
This is a static archive the Twin Cities Carry forum, maintained as a public service by the current forum of record, The Minnesota Carry Forum.
All times are UTC - 6 hours
Users browsing this forum: No registered users and 13 guests |
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum
|
|
|