Can You Carry a Concealed Weapon on a Kayak

[Cbad Mike]

First off I am not an attorney. Second, I am done trying to interpret gun laws in California because they are exactly that.... Open to interpretation. I promise anyone who conceals a weapon in San Diego County (including on the water) without a concealed weapons permit that they are opening themselves up for a very expensive headache and or imprisonment. Now once again... I am pro gun and believe that we all have a right to protect ourselves and I really don't care if you illegally carry or not. What I am saying is that if you decide to carry while on your kayak whether legal or not (this law is definitely open to interpretation) you better be prepared.
I regularly open carried up until a couple of years ago when it became illegal. During that time I was routinely stopped by LEOs. Sometimes, when the LEO knew the law he would do a quick load check and I'd be on my way within 2 minutes. There were other times when the LEO did not know the law and I was stopped and held at gunpoint. At this time the open carry law was 40 years old and either the LEO didn't know it (Police do not have to know the law 100% but the public does) or the LEO interpreted the law differently. The open carry law clearly stated that it was legal to open carry an unloaded firearm yet I was arrested once for illegally carrying a firearm because I did not have a magazine in my weapon which was deemed an incomplete firearm and therefore wasn't protected under the open carry law. Pretty stupid I think and I challenge anyone to find where that is written but I got handcuffed, locked up for 9 hours, and it cost me $4000 to fight the charge before it was dropped.
Anyway.... If your going to carry on a kayak based on laws that are poorly written be prepared for the worst and remember that ignorance is not a valid defense. Me personally, I do not think the potential legal issues are worth it based on the miniscule chance that I will be attacked by a shark. (I hope I didn't just jinx myself. LOL)
NOW.... if for some reason I felt the need to arm myself while on my kayak I would take a rifle or shotgun with me because they are considered UN concealable and the law that specifies that is based on physical length and there fore not open to interpretation.

PS. buy a bang stick!

Mike

[Fiskadoro]

Originally Posted by Cbad Mike

First off I am not an attorney. Second, I am done trying to interpret gun laws in California because they are exactly that.... Open to interpretation. I promise anyone who conceals a weapon in San Diego County (including on the water) without a concealed weapons permit that they are opening themselves up for a very expensive headache and or imprisonment. Now once again... I am pro gun and believe that we all have a right to protect ourselves and I really don't care if you illegally carry or not. What I am saying is that if you decide to carry while on your kayak whether legal or not (this law is definitely open to interpretation) you better be prepared.

I respect your informed opinion but I think there is a difference between carrying on your person on land and on a boat.

A boat is I think essentially legally your home on the water. I used to live aboard my 27 footer in King Harbor and had loaded guns on it, at times even when it was at the slip, and most of the live a boards down there owned guns. I've run large sport-fishers where we had guns on board 24-7 and I've had both the Sheriff and Coast Guard check boats on various occasions and though they clearly saw and even occasionally asked me about guns that were onboard they never made a big deal about it.

A kayak is I believe in law the same thing as a boat. Having a loaded pistol in your center hatch should be no different then having the same loaded pistol in a 30 foot sportfishers arms locker, or in a skiffs center console.

I know a lot of people with a lot of boats that have always had guns on board. I've never heard of a single person getting in trouble or even hassled for it. In fact go to BD and ask the same question there about guns and boats and those who do know will say it's a non issue unless you are going into Mexican waters.

I hate to suggest boat owners, or the people who patrol the ocean are different then the local police or the people they deal with onshore, but when a LEO sees a gun in a vehicle onshore they think trouble where when I Coast Guard is inspecting your vessel and the see a gun on the ocean they don't think it's a issue at all.

[Siebler]

Originally Posted by Cbad Mike

First off I am not an attorney. Second, I am done trying to interpret gun laws in California because they are exactly that.... Open to interpretation. I promise anyone who conceals a weapon in San Diego County (including on the water) without a concealed weapons permit that they are opening themselves up for a very expensive headache and or imprisonment. Now once again... I am pro gun and believe that we all have a right to protect ourselves and I really don't care if you illegally carry or not. What I am saying is that if you decide to carry while on your kayak whether legal or not (this law is definitely open to interpretation) you better be prepared.
I regularly open carried up until a couple of years ago when it became illegal. During that time I was routinely stopped by LEOs. Sometimes, when the LEO knew the law he would do a quick load check and I'd be on my way within 2 minutes. There were other times when the LEO did not know the law and I was stopped and held at gunpoint. At this time the open carry law was 40 years old and either the LEO didn't know it (Police do not have to know the law 100% but the public does) or the LEO interpreted the law differently. The open carry law clearly stated that it was legal to open carry an unloaded firearm yet I was arrested once for illegally carrying a firearm because I did not have a magazine in my weapon which was deemed an incomplete firearm and therefore wasn't protected under the open carry law. Pretty stupid I think and I challenge anyone to find where that is written but I got handcuffed, locked up for 9 hours, and it cost me $4000 to fight the charge before it was dropped.
Anyway.... If your going to carry on a kayak based on laws that are poorly written be prepared for the worst and remember that ignorance is not a valid defense. Me personally, I do not think the potential legal issues are worth it based on the miniscule chance that I will be attacked by a shark. (I hope I didn't just jinx myself. LOL)
NOW.... if for some reason I felt the need to arm myself while on my kayak I would take a rifle or shotgun with me because they are considered UN concealable and the law that specifies that is based on physical length and there fore not open to interpretation.

PS. buy a bang stick!

Mike

Mike I am 100% in the same boat as you. I too open carried and was routinely checked usually without issues by the LEO (citizens calling the cops saying there was a wild gun yielding man is another story though). Most officers knew the routine and because the law was clear on it it was also easy to carry a copy of the penal code. Now days everything is a mess.

I carry when I fish certain locations and I carry when I hunt. For the most part this is the only time i carry but I would never carry while fishing an area that isnt dangerous enough to warrant the possible headache given by our states horrible gun laws as you pointed out.

I for one am more than ready to get out of this state and possess a CCW. The headache of getting it here finally had me give up after 2 years. San Diego just isnt the county to try to get a CCW in, at least not with our current sheriff. Maybe next election with make it easier, still all sorts of hoops to jump through but at least maybe our sheriff wont be anti-gun.

[lowprofile]

i love these kinds of topics.


if you feel the need to shoot a great white, your probably not going to be able to.

In california you are allowed to carry (as stated) WHILE fishing. but you cannot have it loaded while in the car or walking to and from the place. this gets kind of fuzzy when dock hoping in the bays. you have to "walk to and from" each destination and loading and unloading a fire arm before each spot change creates an "open carry" situation.

Out here in Florida they got it right. we can open carry to and from and while fishing. even while transporting our gear. and a CCP only requires an application form with a mailing address for military.