Quote:
Originally Posted by alanw
I think up to 3 miles out you are still in county (sheriff) jurisdiction, which is also state (F&G) jurisdiction. Out to 12 miles out is US (FBI) jurisdiction. From shore out to 200 miles is still US (Coast Guard) jurisdiction.
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Yup....
Traditionally territorial seas were the first three miles from shore. That was the recognized distance of jurisdiction from any nation's shore. That border for the high the "high seas" was established in general Maritime law because back in the day 3 miles was as far as a long range shore battery (canons) could still fire on a ship. During prohibition this was increased to 12 miles in the US (canons be damned) and the 1988 Territorial Sea Proclamation established the "high seas" border at 12 miles in international law.
Locally in California this three mile zone, which is still marked on the charts as "territorial seas" is now considered both formal county and state jurisdiction.
I.E. the county sheriff 's control it and can arrest you but that control is limited to three miles offshore. That's why Siebler's comments are right on the money. In the first three miles your dealing with the Sheriff's but their official California Government Code jurisdiction ONLY goes three miles offshore.
Official California state jurisdiction overlaps the same zone and it is also limited to three miles offshore except in a a “closed bay” scenario in which case the state can have more extensive jurisdiction. For example:
"The Supreme Court found in “U.S. v. California” 381 US 139, 14 L.Ed.2d 296 (1965) that Monterey Bay was a “closed bay” and thus the State of California had jurisdiction well beyond the usual 3-mile limit out to 12 miles at the middle of that Bay."
That said your far more likely to have to deal with the Sheriffs then any kind of state officials in that first three miles because they are the guys that have the boats, they patrol it on the water daily and they answer the calls.
Once again listen to Siebler he has it right. Sheriffs are the ones your dealing with if you fire your gun within three miles of the shore unless your in somewhere where you have to deal with other State or law enforcement personnel like Long Beach harbor.
Beyond that three miles is the zone of official United States sovereignty and under law this is out to 12 nautical miles from the nearest point of land including islands, and sometimes a little more in the closed bay scenario I described above. Basically no-one is going to hassle you about weapons in federal waters unless you do something really stupid. For instance a while back some guys were firing machine guns out by the San Pedro oil rigs and they got their guns confiscated even though they owned them legally and they were five miles offshore.
Beyond 12 miles is the zone of internationally recognized jurisdiction over seabed and fisheries resources. Although any nation’s ship can transit those waters under the doctrine of “freedom of the seas,” the nation with the jurisdiction may regulate fishing, seabed mining, oil drilling, and that jurisdiction extends out 200 nautical miles from the nearest point of land, including islands.
So bottom line. You can carry a unloaded gun to the launch site, and carry a loaded gun with you while kayak fishing. If your within three miles of shore your under County and State jurisdiction and you may or may not be able to fire the weapon legally depending on local ordinances and law, and if someone complains your most likely going to dealing with the County Sheriffs.
If you go out over three miles you can not only carry it but fire the weapon as much as you want as long as your not doing something stupid that endangers others.