Do you carry differently when fishing???

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sh00ter

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Instead of my regular daily carry options, when I go fishing I open carry in a holster a light-weight 22lr pistol. I figure it saves the weight and could be used for things other than self-defense if necessary (although there is also a pellet gun on the boat if boat fishing).

This entails mostly boat fishing, but sometimes the ramp can be scary at night when coming in or night fishing and getting in late.

What are opinions on changing carry weapon & method when boat fishing?
 

dennishoddy

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Do keep in mind, it's currently illegal to carry a weapon on a boat if not hunting on Corps of Engineers lakes. It could turn into a federal crime if they wanted to push it.

Title 36 to the Code of Federal Regulations (Section 327.13, Explosives, firearms, other weapons and fireworks) states “The possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited.”

There are exceptions to this regulation which include possession of a firearm by law enforcement officers, and by hunters and fishermen participating in programs managed through local lake offices.
(IE) Oklahoma COE lakes that have ODW managed WMA's on them during hunting seasons.
  1. License to Carry a Handgun, for Most Lakes in Oklahoma — Good news, Oklahoma has over 200 man-made lakes, bad news; the Corps of Engineers controls and operates over 90% of the recreational lakes in Oklahoma. Thank your Federal Government for our lakes that are primarily flood control lakes and secondarily recreational/fishing/hunting lakes. Unfortunately for self defense devotees, the Federal Government passed a regulation titled 36 CFR 327.13, outlawing the carry of firearms on Corps property or projects built by the Corps of Engineers, absent written permission from the District Commander. The penalty for violation is up to a $5,000 fine and or up to 6 months in jail for anyone other than a police officer carrying a firearm for self defense. There are exclusions to this draconian rule for hunting, and target practice at gun ranges on Corps property. Even though Corps property lakes are primarily public property, you cannot carry your firearm, on Corps property, under the authority of your Concealed Carry License (CCL). You can, however, carry your concealed pistol in a lake bag, backpack, and yes, even in your swim trunks at all State, municipal, and Federal parks. Be careful that the State or Federal Park is not connected to a waterway or lake built by the Corps of Engineers because the Corps of Engineers, considers its rules override state law, and the Corps is very jealous of their power and enforces their rules very strictly. Game Rangers know about the Corps of Engineers’ rules and will be happy to dole out a very fat federal ticket to the unwary. There are a few public lakes not built by the Corps of Engineers in Oklahoma, however, the overwhelming majority of lakes with a dam were built by the Corps of Engineers.
https://www.uslawshield.com/top-5-things-to-know-before-carrying-at-a-lake-in-oklahoma/
 

dennishoddy

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There was an upper court case testing and protesting this a few years back in one of the northern states but I lost track of how it turned out. It must not have passed well.
That was a 2019 in Nesbitt v. U.S. Army Corps of Engineers in Idaho.
That was a ruling by the 9th Circuit where the COE decided to not appeal as they would likely lose in court.

There are some current state legislative bodies fighting this draconian ruling including Ok. This is a 2020 rept from Politico:

It might soon be possible for Oklahomans to carry concealed handguns onto property of the Army Corps of Engineers.


As POLITICO reported, the Army Corps of Engineers on Monday proposed lifting restrictions on firearms on the roughly 12 million acres of land it controls.

The policy change, long sought by GOP members of Congress through unsuccessful appropriations riders, would lift a requirement that people receive written permission from the Corps’ District Commander in order to carry a concealed weapon on Corps property. The public is already allowed to carry firearms for hunting and fishing, but under the proposed regulation they could also carry concealed weapons for other purposes, so long as they abide by other state, local and federal laws.
 
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