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gyrfalcon
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Post subject: River Jurisdiction Posted: Thu Apr 09, 2009 1:17 pm |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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Minnesota and Wisconsin borders are clearly defined on navigational maps, as well as by the states themselves. Even though this is true, both states exercise concurrent jurisdiction of the waterway.
(Edit: IGNORE THIS)
<s>From my understanding, a Minnesota resident can carry a firearm on the river if they have a permit. The only condition is that they can not stand on the Wisconsin shore.
A Wisconsin resident could not carry a firearm, even if he had a Minnesota permit because they fall under Wisconsin's jurisdiction as a resident.</s>
https://www.revisor.leg.state.mn.us/sta ... &year=2008
Last edited by gyrfalcon on Sun Apr 12, 2009 8:34 pm, edited 1 time in total.
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SultanOfBrunei
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Post subject: Posted: Thu Apr 09, 2009 1:32 pm |
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Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
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Hunter07
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Post subject: Posted: Thu Apr 09, 2009 4:35 pm |
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Longtime Regular |
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Joined: Wed Jan 02, 2008 12:53 am Posts: 725 Location: New Ulm area
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I asked the same question in this thread.
_________________ The only downfall to a 1911A1, is actually a plus: You can have it your way, and can put an unreal amount of money into em'.
Squeeze trigger, BANG, repeat. Kind of boring, but I never cared for drama.
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old guy
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Post subject: Posted: Thu Apr 09, 2009 5:29 pm |
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Joined: Mon Jan 21, 2008 10:51 am Posts: 61 Location: NE mpls MN
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If I remember correctly back a few years whern I worked for the St. Croix Co. Wis. sherriffs dept we wrote citations anywhere on the river and the Washington co. Mn. boat did the same
John
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Hunter07
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Post subject: Posted: Thu Apr 09, 2009 8:09 pm |
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Longtime Regular |
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Joined: Wed Jan 02, 2008 12:53 am Posts: 725 Location: New Ulm area
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So basically, if we're on the water, depending on which states LEO's stop us, we're f*cked...........
Go figure.......
_________________ The only downfall to a 1911A1, is actually a plus: You can have it your way, and can put an unreal amount of money into em'.
Squeeze trigger, BANG, repeat. Kind of boring, but I never cared for drama.
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Traveler
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Post subject: Posted: Fri Apr 10, 2009 6:35 am |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 1:46 pm Posts: 845 Location: Saint Paul
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Hunter07 wrote: So basically, if we're on the water, depending on which states LEO's stop us, we're f*cked........... Go figure.......
Yes, as we climb towards that epitome of a police state.
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tman065
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Post subject: Posted: Fri Apr 10, 2009 9:40 am |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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old guy wrote: If I remember correctly back a few years whern I worked for the St. Croix Co. Wis. sherriffs dept we wrote citations anywhere on the river and the Washington co. Mn. boat did the same
John
Which works well if no one hires a lawyer and fights jurisdiction...Have any cases like that?
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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old guy
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Post subject: Posted: Fri Apr 10, 2009 12:53 pm |
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Joined: Mon Jan 21, 2008 10:51 am Posts: 61 Location: NE mpls MN
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tman065 wrote: old guy wrote: If I remember correctly back a few years whern I worked for the St. Croix Co. Wis. sherriffs dept we wrote citations anywhere on the river and the Washington co. Mn. boat did the same
John Which works well if no one hires a lawyer and fights jurisdiction...Have any cases like that?
I don't remember any, this was 30 years ago. I was over there today and stopped at the SO but no one was available to talk to. I did find out from two fishing friends that you can fish anywhere on the boundry water with either states license but you can't stand on shoreline of either state and fish with the other states licinse
John
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gyrfalcon
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Post subject: Posted: Sun Apr 12, 2009 6:15 pm |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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I did checkout that thread, but it didn't have an actual answer. Of course federal laws would apply on a navigable waterway, but they're primarily concerned with merchant vessels.
Unfortunately my understanding of concurrent jurisdiction did not seem to fit historical cases.
Adjoining states have concurrent jurisdiction on the waters forming their boundaries. The law of each state are valid when not in conflict and where there is a conflict the law of the state which is most restrictive in its character must prevail... See STATE vs NIELSEN Supreme Court of Oregon May 12 1908
So unfortunately it seems any carrying a concealed carry weapon on a boundry water is prohibited unless both states allow it.
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JGalt
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Post subject: Posted: Sun Apr 12, 2009 10:18 pm |
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Senior Member |
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Joined: Wed Mar 05, 2008 11:47 pm Posts: 174 Location: Wouldn't you like to know...
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gyrfalcon wrote: I did checkout that thread, but it didn't have an actual answer. Of course federal laws would apply on a navigable waterway, but they're primarily concerned with merchant vessels. Unfortunately my understanding of concurrent jurisdiction did not seem to fit historical cases. Adjoining states have concurrent jurisdiction on the waters forming their boundaries. The law of each state are valid when not in conflict and where there is a conflict the law of the state which is most restrictive in its character must prevail... See STATE vs NIELSEN Supreme Court of Oregon May 12 1908 So unfortunately it seems any carrying a concealed carry weapon on a boundry water is prohibited unless both states allow it.
Of course, you could always carry openly... Let us know if you decide to do so - I'll gladly follow the case.
_________________ "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged
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gyrfalcon
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Post subject: Posted: Mon Apr 13, 2009 8:24 am |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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JGalt wrote: Of course, you could always carry openly... Let us know if you decide to do so - I'll gladly follow the case.
In Wisconsin you may not openly carry a firearm in a vehicle... Most boats are considered a vehicle.
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Andrew Rothman
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Post subject: Posted: Mon Apr 13, 2009 3:17 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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gyrfalcon
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Post subject: Posted: Mon Apr 13, 2009 3:25 pm |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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Andrew Rothman wrote: So you can only open carry if you are swimming...
Glock 17 with maritime spring cups... check!
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