Re: [Paddlewise] Guns, where, when?

One of the Goodman's said:
|It's not a bad idea to check with the local laws
|regarding carrying a weapon, concealed or not.  Here
|in Pennsylvania carrying a concealed, loaded weapon
|can land you in the local brigg.

Very important to know the laws not only on concealed carry,
but open carry and the use of deadly force.  If'n you don't
know don't carry.  You are asking for trouble.  But there is more
to it than that.  In at least two states if you are carrying a firearm
and a light producing device at night that is prima facie for
poaching.  Prima facie means something is legally sufficient to
establish a fact until disproved.  Which means if you are kayaking
at night, have your legally required safety equipment, are in an area
where poaching is possible and have a firearm you could be arrested
for poaching, you weapon(s), as well as any vehicle used in the
poaching.  This would mean you kayak and could be your vehicle that
was used to get the kayak to the water.  A trailer could also be
included!  Isn't that special!  8-)

I know of a case in Florida where a man was caught poaching lobsters.  He
had baby lobsters that were small enough to fit into the compartments in
tackle boxes.  At the boat ramp an officer asked him if he had any fish or
lobster on board.  He said,
"No."  but his little daughter said something to the effect of, "But dad,
what
about the little shrimp you caught." and pointed to his tackle boxes.  He
had
lots of "little shrimp."  Since he poached the lobsters, out of season as
well
as size limits, he was arrested, his boat was siezed, as was his scuba
gear,
his boat trailer, and his vehicle pulling the trailer.  A judge eventually
said
that was too much and returned some of the equipment to the man.  I don't
understand how the judge could do that because the statute is very specific
that
ALL equipment used in poaching is to be siezed.

Now it really gets interesting. In Florida it used to be, and I don't think
it has changed since I moved, you were allowed to have a firearm while
hunting, fishing or camping.  To make it more interesting, i.e., confusing,
the Wildlife Managment Areas had further restrictions on possession of
firearms.

What all of this means is that one statute would allow you to possess a
firearm while another statute would prevent you from possessing a firearm.
I'm sure there is case law on this but I never found any.  The result would
be you would have to let a judge decide and create the case law......

The bottom line is each person is responsible for knowing the law as well
as their
own safety.

| Anything from an
|accident to illness that requires emergency treatment
|could result in discovery of a weapon. My own
|experience dates back about 15 years when I was active
|in Dog Sledding here in the Pocono Mtns. A tourist
|walking her pet dog was surprised to see us with our
|dog teams on a woods trail, when we stopped and walked
|our teams around her she loudly proclaimed "you better
|not try anything, I have a gun!" We went on our way
|thinking that this New Yorker was a nut! Later we read
|in the newspaper , how several days later, she had
|tripped while walking her dogs and her loaded pistol
|discharged while still in her purse killing her!! She
|was a whole lot safer here than back home in NY City.
|"There is nothing to fear, but fear itself". Take care
|and let common sense guide you all. Charlie Goodman

Was she nuts are had she been a victim of violent crime?  Had she been
raped?  If she had is she still a nut?  I don't expect we will ever know
the answers to those questions.  She may have well been a nut. 8-)  Its not
real smart to announce that you have a weapon. But she was obviously
fearful.  Very fearful.  But she still wanted and took steps to enjoy the
outdoors.  Maybe she was just trying to find that something special that is
being talked about in the "Isolation and Adventure" thread....

I had a girlfriend once who had been raped.  She loved the outdoors and she
often would go hiking by herself.  She said she was still afraid of being
attacked but she was not going to let her fear allow her to still be
victimized.  I see many woman hiking alone is a local park.  Often right at
sundown.  I'm glad to see them out walking.  But I shake my head at the
risk they take.  And I'm pissed that I have to shake my head at the risk
they take.....  Fortunately the park has never had an attack as far as I
know.  There are other parks where that is not true....

Falling and having a pistol fire is very, very, very unusual event.  I
would like to know what she was carrying and where the bullet hit.

Later...
Dan McCarty



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