USCG Disarming boaters????

[nightfighter]

Fraternity brother was telling me of an incident on Boston Harbor recently, on a night when the Celtics were playing a home playoff game. Up harbor, I believe near the Garden, they were approached and boarded by USCG for red nav light not working/violation. You know the first question always is; Do you have any weapons onboard? He advised them he was LEGALLY carrying a Sig 365 in his waistband. Minutes later, after they have been going through every compartment and saw liquor bottles stored below, the 20 yo coastie informs the operator that he is going to disarm him, right then and there.....



What is your take on this?



In the example above, it worked out without an incident, however he was able to record five minutes of dialog and it was forwarded to USCG Commander. (they did take the gun and ended up leaving it on an aft seat when they got off his boat. He is still pissed. But it is worth a discussion here.....

[Rockfish9]

it's a sign of the time Ross, I've been on the water for over 55 years, until this year, only boarded 3 times( twice last season) this year I've already been boarded twice, I dont carry a weapon, but have been asked both times, as well as had my ID run both times, one time was at 9:00 at night the other at 8 Am on a Saturday morning, last Monday ( 6/20) they waved me over again,. as I got closer, they recognized the boat and told me to have a nice night...I'd like to believe the intention is to make the water a safer place for all of us, it's quite apparent that we no longer are boating in the 70's or 80's, people are just not the same, they are more aggressive, belligerent and feel entitled, and it would seem the bigger the boat the bigger the A-hole, obviously, that statement does not apply to everyone, but ANYONE that has spent even a few hours on the water the last few years knows exactly what I am talking about...
I do not want to get into the politics part of this, it's the reason I rarely post anymore, every conversation turns into a trump/biden bash fest... but being an ex military's man, from a long line of military men ( my son is a retired navy seal) I do believe in our right to bear arms, I wasn't there, so I can't make an accurate assessment, I find it increasingly hard to deal with the younger "gung ho" generation when they do not respect the experience and traditions that got them where they are today...

[wdmso]

He was disarmed for the protection of the CG members.. And I don’t expect the CG just to take his word the he was carrying legally… and if the person was an officer he should have done what they advise civilians to do. “ people should comply with law enforcement request and orders , and on the water the CG are considered federal law enforcement .

I guess the question to your friend would be . what would be his reaction if he pulled someone over and they declared they were armed and carrying legally . . Keep your hands on the wheel ? Exit the car? Does he draw his weapon ? I am sure there’s a procedure or department policy for this situation. I am sure it’s the same for the CG


Sounds like he’s pissed for being treated like a normal citizen at the hands of law enforcement when there is weapon that could possibly be used against them is involved
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[nightfighter]

As told to me, it appeared to be training exercise for the 20 yo who had a senior CG officer(?) observing. They decided to disarm well after they were into the inspection. It was close quarters, he was advised to put his hands on his head with fingers intertwined. And that the CG was going to remove his weapon from his waistband..... My friend was more worried about being shot in the nuts than normal operating procedures at that point.... My friend (wrongly) got agitated and is pressing the point to USCG Boston Command about exactly what is their protocol, as this certainly doesn't sound like procedure was followed.
We should at least know what to expect... (and it should not include them just leaving the loaded weapon sitting on a seat cushion as they disembarked... at least he got his gun back, but their handling of a loaded weapon was less than comforting)

[Raider Ronnie]

Been boarded plenty of times in Boston Harbor but never once asked if I’m carrying.

Reading this has me thinking in the future the 1st words out of my mouth will be.
I’m in possession of my legally owned licensed firearm as the 2nd amendment in our constitution gives me that right
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[nightfighter]

Originally Posted by Raider Ronnie

Been boarded plenty of times in Boston Harbor but never once asked if I’m carrying.

Reading this has me thinking in the future the 1st words out of my mouth will be.
I’m in possession of my legally owned licensed firearm as the 2nd amendment in our constitution gives me that right
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Exactly. Back in the younger days, when we traveled or were doing a delivery, it was very common to carry firearms onboard (stupid not to) and if we got jammed up by somehow not being able to bring ours with us, I would paint the flare gun black and keep it in the nav station.

[Nebe]

Just my opinion but the coast guard spends more time harassing people and doing “curtesy checks” then doing what they were originally intended which is saving lives. I’m not sure that just anyone would willingly surrender their firearm. Our rights just get more and more eroded every year
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[spence]

The senior officer could have just been letting the rookie run with it to see what he would do. Like the Duante Wright case where the senior officer let the rookie racially profile the suspect to a tragic ending.

[wdmso]

Even in Texas the safety of the law enforcement officer comes before “I’m in possession of my legally owned licensed firearm as the 2nd amendment in our constitution gives me that right “




The Texas Legislature has addressed this very question. Texas Government Code § 411.207 says police officers may disarm an LTC holder if the officer reasonably believes it is necessary to secure the firearm for the protection of the officer or any other individual. After the encounter, if the officer determines that the individual is not a threat and has not committed a crime, then the police officer must return the firearm. However, the Government Code does not detail how the gun must be returned, or how long police may hold onto it.

But please keep thinking escalation is your best choice.
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[wdmso]

Found this , Learning something new every day

The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard

https://mblb.com/admiralty-maritime/...s-coast-guard/

While the Fourth Amendment may protect the citizen, law abiding or not, from the threat of an “unwarranted” search, that protection ceases once the citizen is on a vessel. The Coast Guard has sweeping authority to board any vessel (subject to the jurisdiction of the United States) at any time, any place. It does not require a warrant. It does not require probable cause. Boardings need not be based on a suspicion that a violation already exists aboard the vessel. Their purpose is to prevent violations and the courts have upheld this authority.

Plainly stated, when it comes to Coast Guard boarding, you don’t have any rights. As stated by Capt. Rasicott and CDR Cunningham in their article found in Proceedings, Summer 2009; “There are two main ways to board a vessel – either with permission, or without.”

Vessel operators should know that to refuse permission for Coast Guard personnel to board may subject them to a penalty of $500. Forcibly resisting is a felony punishable by up to ten years in prison and a $10,000.00 fine.
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[Pete F.]

If you’re worried about the Coast Guard, just wait till you find out what the border patrol can do within 100 miles of the border.
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[Slipknot]

My take on this is that it is a bit surprising they waiting until after searching to disarm him. I understand the excuse of disarming for everyone's protection, especially the CG, but it is actually more dangerous for your friend if they disarm him. If it were I, I would have asked them to remove the entire holster with the firearm in it still as that is the safest way. Leaving it on the seat was surprising as well. I know you can't stop the CG from going on a fishing expedition so you just have to go along to get along.