Index  •  FAQ  •  Search  

It is currently Fri Apr 26, 2024 10:02 pm

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




Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 33 posts ]  Go to page Previous  1, 2, 3  Next
 Mississippi River 
Author Message
 Post subject: Re: Mississippi River
PostPosted: Wed May 28, 2008 2:39 pm 
Longtime Regular
User avatar

Joined: Thu Aug 31, 2006 12:17 pm
Posts: 908
Location: Meeker Co., MN
jdege wrote:
And with respect to carry, it's National Park Service land. Which means that carry is legal on the north end of the beach, owned by the Mpls Park Board, and illegal on the south end of the beach, owned by the NPS. With nothing whatsoever to indicate to someone walking along the beach that they were changing legal jurisdictions.

I have no idea how many of the river islands are formally NPS land. I have no idea how many of those that are are actually administered as NPS land. But it's clear that at least some of the river islands are owned by the NPS, and it's at least possible that the NPS regulations apply to them.


Fortunately by July that particular problem should be somewhat resolved.
Quote:
The Bush administration, after more than seven years, has finally issued regulations permitting the carrying of firearms in national parks. Gun owners will soon be able to carry firearms according to the laws of the state in which the park is located. While not perfect, the proposed regulations, which are likely to take effect at the end of June 2008, represent a sharp contrast with the steadfast refusal to allow for self-defense in national parks.

_________________
1 of 55153
"The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms." —Supreme Court Justice Antonin Scalia
Sierra Trading - Firearms Sales, Service and Training


Offline
 Profile E-mail  
 
 Post subject:
PostPosted: Wed May 28, 2008 9:56 pm 
Longtime Regular
User avatar

Joined: Wed Jul 19, 2006 12:04 pm
Posts: 1682
Location: Wright County
jdege wrote:
mnglocker wrote:
This doesn't really apply to a canoe, but register your boat under the USCG and fly under your choice of countries' flags for what ever laws you enjoy.

It's been a while, but last time I looked up this stuff the USCG would only register boats for owners who lived in states that didn't have boat registries (IOW, Vermont).
Alternatively, the USCG will document vessels of over five net tons, but no canoe and few river boats will qualify for that program.


There's got to be an exception in there somewhere; my uncle is registered under the USCG and he has a 34' cabin crusier on the St. Croix. :?

_________________
Get Off My Lawn.


Offline
 Profile  
 
 Post subject: Documented Boats/vessels
PostPosted: Wed May 28, 2008 10:17 pm 
Journeyman Member

Joined: Sat Jul 01, 2006 4:35 pm
Posts: 78
Location: Iowa Arizona
Does this hep?

http://www.uscgboating.org/safety/fedre ... ration.htm


Offline
 Profile  
 
 Post subject:
PostPosted: Thu May 29, 2008 1:58 pm 
Longtime Regular
User avatar

Joined: Sun Aug 07, 2005 10:24 am
Posts: 6767
Location: Twin Cities
I talked to an attorney about this. There are agreements, compacts and treaties, some predating statehood, between states regarding jurisdiction of border waters.

Here's an example:

https://www.revisor.leg.state.mn.us/sta ... tat.1.15.0

Generally speaking, it seems that either side can usually claim jurisdiction all the way across the water.

I am not a lawyer, and this was a general conversation, not legal advice.

_________________
* NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 10:59 am 
Senior Member

Joined: Mon Aug 15, 2005 7:36 am
Posts: 159
Location: Twin Cities
Be careful with the Mississippi, as it likely doesn't ultimately fall under either state's guidelines. Chunkstyle had it right, it falls under federal jurisdiction since the Mississippi is a navigable waterway.

As an example, in Minnesota the minimum age for being on the water without a lifejacket is 10, but federal legislation is 13. If you're on the Mississippi (anywhere even north of the lock/dam system which would be considered navigable) you must have a lifejacket on if you're 13 or under.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 2:17 pm 
Senior Member
User avatar

Joined: Wed May 07, 2008 4:05 pm
Posts: 312
Location: SE Metro
Quote:
This doesn't really apply to a canoe, but register your boat under the USCG and fly under your choice of countries' flags for what ever laws you enjoy.


Who told you this? That's the craziest thing I've ever heard.

USCG documentation is an alternative to state registration (when your boat qualifies, by displacement), and is primarily used to keep track of a vessel's ownership. Banks will also use USCG documentation to determine suitability of a loan. It is also required to bring your boat to certain foreign countries, although CA and MX are not among them. In some states, it relieves you of the requirement to register your boat with the state (and/or display registration numbers). Think of it as national registration.

It has nothing to do with declaring yourself a sovereign nation, or exempt from the laws of one.

Regarding the St. Croix and Mississippi Rivers, I personally do not carry on either river for reasons already touched on in this thread. The St. Croix is usually patrolled by deputies from counties on both sides of the river. I've seen them stop people in all sections of the river, including places I know were "outside" their jurisdiction, e.g. where the river is particularly narrow like the Kinnikinnick narrows and the Hudson swing bridge. To be honest, I rarely see LE on the Mississippi (usually Fire/Rescue), but they are out there.

As stated previously, much of the land around the Mississippi is under federal control, or at least federally administered. How the ability to carry in National Parks will affect these lands is anyone's guess. Does any of this qualify as a federal facility? I don't know.

Locks and/or dams are considered "federal facilities", and according to 18 USC 930, are prohibited (at best you'd be a test case).

The short answer? I wouldn't do it, but I wouldn't be comfortable undertaking a trip like you describe unarmed. I don't feel too threatened on the rivers in my boat when out for the day or weekend, so that doesn't bother me too much.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 4:48 pm 
Senior Member

Joined: Sun Jan 01, 2006 2:39 pm
Posts: 124
curiously though if you are sleeping in/on this boat does'nt it then become your dwelling. and therefore all rules apply accordingly?

_________________
But if “bear
arms” means, as the petitioners and the dissent think, the
Opinion of the Court
carrying of arms only for military purposes, one simply
cannot add “for the purpose of killing game.” The right “to
carry arms in the militia for the purpose of killing game”
is worthy of the mad hatter.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 5:08 pm 
Senior Member
User avatar

Joined: Wed May 07, 2008 4:05 pm
Posts: 312
Location: SE Metro
That's another good question.

I sleep on my boat all the time. It does not qualify as a second dwelling for IRS purposes (no fixed galley), so I can't use it as a tax deduction.

However, When I'm sleeping on it, it is most definitely my abode.

This is most certainly "test case" territory.

I suspect I'd have a hard time invoking a castle doctrine defense while on my boat, anywhere.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 5:43 pm 
Longtime Regular
User avatar

Joined: Wed Mar 12, 2008 3:13 pm
Posts: 1743
Location: Lakeville
I would suppose that "stand your ground" laws that cover your car could reasonable be extended to also cover your boat.


Offline
 Profile  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 7:19 pm 
Longtime Regular
User avatar

Joined: Thu Aug 25, 2005 7:23 pm
Posts: 1419
Location: SE MPLS
Dave Pendleton wrote:
I suspect I'd have a hard time invoking a castle doctrine defense while on my boat, anywhere.


Quote:
18 USC 1659
Sec. 1659. Attack to plunder vessel

Whoever, upon the high seas or other waters within the admiralty and maritime jurisdiction of the United States, by surprise or open force, maliciously attacks or sets upon any vessel belonging to another, with an intent unlawfully to plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined under this title or imprisoned not more than ten years, or both.


Quote:
33 USC 383
Resistance of pirates by merchant vessels

The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.


And a reading of Cases of Admiralty and Maritime Jurisdiction makes it sound as if the navigable waters of the Mississippi basin most definitely are within the "admiralty and maritime jurisdiction of the United States".


Offline
 Profile E-mail  
 
 Post subject:
PostPosted: Tue Jun 03, 2008 7:48 pm 
Senior Member
User avatar

Joined: Wed May 07, 2008 4:05 pm
Posts: 312
Location: SE Metro
Well, what the hell do I know?

I don't/won't carry on the St. Croix or Mississippi Rivers.

Of course, you're more than welcome to be a test case...


Offline
 Profile  
 
 Post subject:
PostPosted: Wed Jun 04, 2008 7:24 am 
Longtime Regular
User avatar

Joined: Thu Mar 09, 2006 9:54 am
Posts: 5270
Location: Minneapolis
It's going to be a tough sell to the Wisconsin DNR that your 14ft Alumacraft canoe is a merchant vessel.

_________________
I am defending myself... in favor of that!


Offline
 Profile E-mail  
 
 Post subject:
PostPosted: Wed Jun 04, 2008 9:02 am 
Journeyman Member

Joined: Fri Jan 11, 2008 3:14 pm
Posts: 84
DeanC wrote:
It's going to be a tough sell to the Wisconsin DNR that your 14ft Alumacraft canoe is a merchant vessel.


Probably true, but I bet the original fur trader's canoes were not much bigger (but not aluminum)


Offline
 Profile  
 
 Post subject:
PostPosted: Wed Jun 04, 2008 9:25 am 
Longtime Regular
User avatar

Joined: Thu Aug 25, 2005 7:23 pm
Posts: 1419
Location: SE MPLS
DeanC wrote:
It's going to be a tough sell to the Wisconsin DNR that your 14ft Alumacraft canoe is a merchant vessel.

It's not the WI DNR that you have to sell, it's the US District Court.

The law is clear that the federal courts have sole jurisdiction over maritime law. So if you are charged, under Wisconsin law, for a violation that occurred on the river, you simply file a motion with the federal court to take over the case.

I'd not be at all surprised, though, if the federal court followed the path set by that towering figure of American jurisprudence, Foghorn Leghorn, and ruled "go away, son, you're bothering me."


Offline
 Profile E-mail  
 
 Post subject: Great read
PostPosted: Fri Jun 06, 2008 8:19 pm 
Senior Member

Joined: Thu Mar 13, 2008 7:27 pm
Posts: 144
"I've got nothing sarge" Quote from my platoon buddy when he had 0 to say in response to a question--



Had to jump in what a great read but again who wants to be the 1st case--You can learn so much here

_________________
K. Paul
Semper Fi


Offline
 Profile  
 
Display posts from previous:  Sort by  
Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 33 posts ]  Go to page Previous  1, 2, 3  Next

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


 Who is online 

Users browsing this forum: No registered users and 114 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

Search for:
Jump to:  
cron


 
Index  |  FAQ  |  Search

phpBB © 2000, 2002, 2005, 2007 phpBB Group