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by couzin
Tue May 05, 2009 9:13 pm
Forum: General Texas CHL Discussion
Topic: carrying on a boat
Replies: 36
Views: 9983

Re: carrying on a boat

The USACE regulation states at 36 CFR § 327.13 Explosives, firearms, other weapons and fireworks. (a) The possession of loaded (emphasis mine) firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited unless: (blah blah - rest deleted)

I am not a lawyer - but maybe having the gun unloaded and stashed is the key...

The code you reference regarding transporting is from Title 18 § 926A, Interstate transportation of firearms, which says in general; Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in a locked container.

I am still not a lawyer - but I am not sure (if you managedto actually get charged with having a firearm on USACE property) that you would be able to demonstrate that you were transporting from one place to another place within that section of law. Would transporting from home, to a lake, and back to home - fall under the purview of the Interstate Transportation - key word being "Interstate" not "Intrastate"???
by couzin
Sun May 03, 2009 1:10 pm
Forum: General Texas CHL Discussion
Topic: carrying on a boat
Replies: 36
Views: 9983

Re: carrying on a boat

SlowDave wrote:So, at these COE lakes, where does the restriction begin? Can you leave your weapon in your car while you enjoy the lake for the day, or do you have to be unarmed from when you leave your house due to the lack of a "parking lot" type bill applying?
The 'restriction' begins at the Federal property ("fee-owned") land boundary and of course includes the lake as well as some upstream and downstream lands and waters. Surrounding land was purchased for the lake construction projects so that there would be room to increase the lake if needed, flood it if necessary, or use parts for mitigation. The lands can be very narrow from water edge to property boundary, quite large from water to property edge, have no lake at all (like a mitigation area (White Oak Creek), or a mixture, and can include lands owned by other Federal agencies (like Sam Rayburn - part Corps, part Forest Service). You gotta use your best judgement regarding what you feel is necessary.

Couple other points came up here in the thread that probably need addressing.

I don't recommend lying to either the rangers or local law enforcement (including Game Wardens) that you have a weapon. Could escalate a situation considerably. If you are not doing something really stupid, then the most likely outcome would be that you are asked to unload and lock up the weapon, or leave the park (Corps) property. Of course, I am not a lawyer, blah, blah, - but if you were stopped for a traffic violation, would you lie to the LEO there as well? In this case, honesty might be the best, and true, path. We ain't talking about gum wrappers and going five miles per hour over the speed limit... This is way more important!

Also - Corps rangers use local LEO to conduct field interviews/investigations, searches (and seizures if needed), and to potentially arrest someone that is violating regulations TO THE POINT that they are endangering the public safety or the safety of the Federal employee. The arrested are held for Federal law enforcement to take possession and then will appear in a Federal court - there is also the real probability that there will be State charges as well. Simply, the rangers have authority to cite and cause (effect) an arrest. Maybe mentioning the specific CFR (36 CFR 327) sections will make it clear:

Sec. 327.24 Interference with Government employees.

(a) It is a Federal crime pursuant to the provisions of sections 1114 and 111 of title 18 U.S.C., to forcibly assault, resist, oppose, impede, intimidate, or interfere with any civilian official or employee of the U.S. Army Corps of Engineers engaged in the performance of his or her official duties, or on account of the performance of his or her official duties. Such actions or interference directed against a Federal employee while carrying out these regulations are also a violation of these regulations and may be a state crime pursuant to the laws of the state where they occur.
(b) Failure to comply with a lawful order issued by a Federal employee acting pursuant to these regulations shall be considered as interference with that employee while engaged in the performance of their official duties. Such interference with a Federal employee includes failure to provide a correct name, address or other identification upon request of the Federal employee, when that employee is authorized by the District Engineer to issue citations in the performance of the employees official duties.

Sec. 327.25 Violation of rules and regulations.

(a) Any person who violates the provisions of these regulations, other than for a failure to pay authorized recreation use fees as separately provided for in Sec. 327.23, may be punished by a fine of not more than $500 or imprisonment for not more than six months or both and may be tried and sentenced in accordance with the provisions of section 3401 of title 18 U.S.C. Persons designated by the District Engineer shall have the authority to issue a citation for violation of these regulations, requiring the appearance of any person charged with the violation to appear before the United States Magistrate within whose jurisdiction the affected water resources development project is located. (16 U.S.C. 460d).
(b) Any person who commits an act against any official or employee of the U.S. Army Corps of Engineers that is a crime under the provisions of section 1114 or section 111 of title 18 U.S.C. or under provisions of pertinent state law may be tried and sentenced as further provided in Federal or state law, as the case may be.
by couzin
Fri May 01, 2009 12:22 pm
Forum: General Texas CHL Discussion
Topic: carrying on a boat
Replies: 36
Views: 9983

Re: carrying on a boat

Without discussing past history and former employers. There have been a bunch of cases of weapon (gun) possession on USACE managed fee lands. The three (yep 3) I remember clearly were just verbal warnings to unload and put the gun away and/or leave the Corps property (each incident had a gun in very remote areas and not hunting - no Sheriff assist out there and USACE rangers are unarmed). The others I know of that did get citation and fines were just yahoos plinking and refused the ranger request to leave - a couple cases did escalate to arrest by calling in local law enforcement and adjoining Federal facilities that had LEOs. In the area I am familiar with, the local Sheriff or other Law Enforcement has been used when domestics or intoxicated instances, have been encountered and handguns have been found or known to be present. A suspected meth cookout is going to get law enforcement - guns or no guns.

There have been a several USACE rangers shot and two have been killed (one in 1977 and one in 2007).

Just consider it from the ranger's point of view - they are being asked to enforce regulations ('laws') with no other ability but verbal judo, defensive measures, and pepper spray. If they see, or become aware of, a gun in your possession, then they really are wisest if they just step away and call for armed LEO to assist (they do not know if you have a CHL or not - and cannot ask nor allow the gun even if you had a CHL). I understand having a CHL allows carry and that you are probably one of the good guys - and that is certainly peachy with me (or at least, used to be), but until the rules (regulations) change for the Corps like it has for the Park Service, one still runs the risk of an escalation if you are caught on USACE fee lands with a gun (outside of hunting season). So be very careful...

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