I answered Ken off list. Seems like on list went the way of the normal "gun" stuff. Anyway, below is what I wrote which seems the only "answer" to his question.
At 06:00 AM 11/27/2007, Ken wrote: >Here is the situation; >A friend some time ago had a pistol on his sailboat while he was at >anchor in Alabama waters (I was told he had been broken into the >night before while ashore and it was said that it was probably >several well known meth heads/theives that did it, he wanted to >stop/catch them but not get killed in the process) and the water >police (not the CG) saw the gun inside his 37 ft sailboat on a table >when they went out to check on him and they then arrested him. He >lost the case (illegal concealed weapon) but wants to appeal. He may >be out of luck because when they asked if he had weapons aboard he >said "no", being afraid of just what happened! But I am not sure if >he had said "yes" that he would not have been hauled off either. > >Any of you folks know about the law here please email me, lawyers, >cops or ex-cops, CG men, any who might know something useful about >the law and its enforcement here, or if you know of any further >resources along this line, please chime in, I know there are many on >the list who can give good advice if they will. Hi Ken, I'm a Louisiana Deputy Sheriff. I don't know about Alabama, but I would think it would be pretty close to the same as Louisiana. As is Mississippi and Florida. At any rate, not a problem in Louisiana. Your boat, car, RV is considered an extension of your domicile (home) and you can have a loaded or unloaded weapon, in plain view or concealed, in all. However, it is your responsibility to inform any officer of same if stopped, boarded, etc. In the case of your friend, if I had asked if he had any weapons on board and he answered "no", and I had seen the weapon, I would arrest him for giving false information to a police officer. In actual fact, given the above circumstances, I really would have given him a pretty bad A-chewing and left it at that, knowing he probably "wasn't himself" after his experience. Thinking about it, if the charge was "illegal concealed weapon" I can see it. Officer comes on board, asks if any weapons on board, gets a "no", goes inside and finds a weapon. Therefore an "illegal concealed weapon" charge. Kind of a stretch, but if the officer was PO'ed or scared by it, it's a more serious charge than false info. Things like this generally happen for one of two reasons - the attitude of the subject or the cop is one of those we'd like to ferret out and kick out. Rick S/V Valkyrie http://www.morelr.com/valkyrie ------------------------------------------------------------------------ Absolute safety is a concept promoted by those without the guts to live in the real world. ----------------------------------------------------------------------- _______________________________________________ Liveaboard mailing list [email protected] To adjust your membership settings over the web http://www.liveaboardnow.org/mailman/listinfo/liveaboard To subscribe send an email to [EMAIL PROTECTED] To unsubscribe send an email to [EMAIL PROTECTED] The archives are at http://www.liveaboardnow.org/pipermail/liveaboard/ To search the archives http://www.mail-archive.com/[email protected] The Mailman Users Guide can be found here http://www.gnu.org/software/mailman/mailman-member/index.html
