What Would You Have Done?

Basically they broke into your boat, for whatever reason. Everybody here would handle it differently than someone else.

Me, the phone would be in one hand with the dispatcher on the line, speaker on would be best. That way everything is recorded. The other hand would be the Bond. They could jump over or lay there till PD/MP arrived.

To be honest I really don’t know what I’d do. With my wife on the boat I’d be super protective. I do know that much
 
I'm not sure what I would do either. Response probably varies depending on the situation and perceived threat level.

The sound of a round being chambered is one hell of an attention getter in the movies. I'm guessing it would probably work as a motivator for them to move the hell on.
 
I’m wondering if folks know that VHF radios with DSC have “piracy” as an emergency type. Seems like this might fit the category.
 
I’m surprised by all the gun talk in this thread. You guys think a group of kids bold enough to hop on a strangers boat won’t immediately call the police once they see your gun? If you display your gun for any reason other than to use it in self defense you’re brandishing.

On castle doctrine - I’m not sure you can ‘happen upon’ a place you typically occupy, now occupied by others, and claim castle doctrine would apply? There must also be a threat of death or great harm before you use deadly force.

I’m no lawyer…but I think some of you would be further afield of the law than the drunk teens in this scenario.
 
I wouldnt have said anything. I would have come out of the cabin with my pistol grip shotgun and pumped it, pointed it at one of them, and said...you have the count to 3. Hit the water and perhaps my finger wont spasm. If they didnt move fast enough I would have shot one shell over their heads, repump, and tell them to start swimming.
 
Stee6043 said:
I’m surprised by all the gun talk in this thread. You guys think a group of kids bold enough to hop on a strangers boat won’t immediately call the police once they see your gun? If you display your gun for any reason other than to use it in self defense you’re brandishing.

On castle doctrine - I’m not sure you can ‘happen upon’ a place you typically occupy, now occupied by others, and claim castle doctrine would apply? There must also be a threat of death or great harm before you use deadly force.

I’m no lawyer…but I think some of you would be further afield of the law than the drunk teens in this scenario.
Click to expand...

My understanding to the OPs post is - you're at anchor, dead sleep and you wake up to voices in your cockpit at 3:30am. I could be wrong though...
 
firecadet613 said:
My understanding to the OPs post is - you're at anchor, dead sleep and you wake up to voices in your cockpit at 3:30am. I could be wrong though...
Click to expand...

I think an open cockpit is a bit more gray than I’d be comfortable with. You could lock the cabin door, call police and wait with gun in hand. But walk out with a gun in hand without knowing if there is a threat? This in a cockpit that the kids entered without using force? I’d put my money on that guy potentially taking a ride that night while the kids get a stern talking to.

I didn’t see anyone mention walking out with a holstered gun. Perhaps put me in that bucket. I’d like to avoid the brandishing charge.
 
El Capitan said:
I wouldnt have said anything. I would have come out of the cabin with my pistol grip shotgun and pumped it, pointed it at one of them, and said...you have the count to 3. Hit the water and perhaps my finger wont spasm. If they didnt move fast enough I would have shot one shell over their heads, repump, and tell them to start swimming.
Click to expand...

While I admire your machismo, you'd almost certainly go to jail after that and thereafter possibly surrender your firearms.
 
Stee6043 said:
I’m surprised by all the gun talk in this thread. You guys think a group of kids bold enough to hop on a strangers boat won’t immediately call the police once they see your gun? If you display your gun for any reason other than to use it in self defense you’re brandishing.

On castle doctrine - I’m not sure you can ‘happen upon’ a place you typically occupy, now occupied by others, and claim castle doctrine would apply? There must also be a threat of death or great harm before you use deadly force.

I’m no lawyer…but I think some of you would be further afield of the law than the drunk teens in this scenario.
Click to expand...

Yes, just like a home invader would call the police on you if you brandished a weapon? This is the thinking that creates victims.

Your rationale is the same as all these sanctuary state attorney generals where the defense of the criminals outweighs the rights of the victims.

"Officer. I was asleep and woken by a commotion in my cockpit. I heard several male voices so I came out armed ready to defend myself and my family when I found a group of trespassers had illegally boarded my vessel and were trying to surround me, I felt they were going to attack me and my family. I was afraid for my life and the lives of my family. I fired a warning shot in the air and yelled for them to leave. One came at me to grab my weapon and I fired. As you can see by the hole in his chest he was less than 6 inches from me. At that time the other trespassers jumped in the water. I have no recollection how my shotgun fired the remaining 6 shells but I am sure my lawyer will explain. Thank you."

So long as our mentality defers to the advantage of criminals we will not have law and order.
 
El Capitan said:
Yes, just like a home invader would call the police on you if you brandished a weapon? This is the thinking that creates victims.

Your rationale is the same as all these sanctuary state attorney generals where the defense of the criminals outweighs the rights of the victims.

"Officer. I was asleep and woken by a commotion in my cockpit. I heard several male voices so I came out armed ready to defend myself and my family when I found a group of trespassers had illegally boarded my vessel and were trying to surround me, I felt they were going to attack me and my family. I was afraid for my life and the lives of my family. I fired a warning shot in the air and yelled for them to leave. One came at me to grab my weapon and I fired. As you can see by the hole in his chest he was less than 6 inches from me. At that time the other trespassers jumped in the water. I have no recollection how my shotgun fired the remaining 6 shells but I am sure my lawyer will explain. Thank you."

So long as our mentality defers to the advantage of criminals we will not have law and order.
Click to expand...

You had me at “warning shot”. :):)
 
Stee6043 said:
You had me at “warning shot”. :):)
Click to expand...
Depending on the circumstances most prosecutors will spin a "warning shot" as the shooter knew the situation did not rise to the level of using deadly force but assaulted the victim anyway, or the shooter attempted to murder the victim but missed.

Warning shots are a bad idea all the way around.
 
I’m sitting with a Marine officer now. He has read the original post. Also here is a retired PO. Both say this would not be brandishing due to the fact the kids were on private property. Property that they knew was not their own. Both would have greeted the kids with a hand on a firearm. Three of them and one of you isn’t good. Call it in and have them stay on the line till help arrives.

Having your gun in hand, and threatening to use it are two different things. In hand, it’s still ready to be used. (handgun)

PO states that if you aren’t a confrontational person, then yes stay below, call it in after locking up. Keeping in mind help could be awhile to get to you out on the water at 3am
 
LTD.330 said:
Depending on the circumstances most prosecutors will spin a "warning shot" as the shooter knew the situation did not rise to the level of using deadly force but assaulted the victim anyway, or the shooter attempted to murder the victim but missed.

Warning shots are a bad idea all the way around.
Click to expand...

That’s what I was trying to suggest. No use in reading the rest of his post if he thinks a warning shot is even within the realm of “good idea”.
 
Soulshine said:
The problem with this anchorage is that's its the only one and wade accessible from shore.

On a busy weekend, non boaters outnumber boat owners and the drunk kids wandering all over the place have no sense of place or property.

A few years ago we heard a commotion on the bow of one of the boats in our raft string. I popped my head through my forward hatch to find a couple getting busy on the boat next to me on the port side.

When I looked to starboard, a group was sitting there filming the whole thing.

The boat's owner confronted the couple in mid bang. The guy slithered off the boat like a snake, but the naked girl got in his face claiming that she could do whatever she wanted.

She got tossed overboard.
Click to expand...

Several years ago a couple we know was docked at a local island overnight with their brand new SeaRay bridge boat. They were awoken by a noise on the aft deck. The owner peeked around the curtain to see a naked couple going at it on the aft carpet. He slid open the sliding door yelling, "what are you doing on my boat!" The woman stood up, grabbed her clothes, kicked her partner and yelled, "you told me this was your boat!" Both quickly ran down the dock. The owners wife couldn't stand the thought of the whole experience. He had to sell the boat and by another new one. That was back in the day when new boats were more plentiful.
 
dwna1a said:
I’m sitting with a Marine officer now. He has read the original post. Also here is a retired PO. Both say this would not be brandishing due to the fact the kids were on private property. Property that they knew was not their own. Both would have greeted the kids with a hand on a firearm. Three of them and one of you isn’t good. Call it in and have them stay on the line till help arrives.

Having your gun in hand, and threatening to use it are two different things. In hand, it’s still ready to be used. (handgun)

PO states that if you aren’t a confrontational person, then yes stay below, call it in after locking up. Keeping in mind help could be awhile to get to you out on the water at 3am
Click to expand...

I had a marine officer swear up and down my electronic flare was not legal just last year :)

Perhaps depends on the state though. I just don’t feel like this is as black and white as someone being in your home when it comes to grabbing a gun and engaging.

What does brandishing mean in law?

(4) For purposes of this subsection, the term “brandish” means, with respect to a firearm, to display all or part of the firearm, or otherwise make the presence of the firearm known to another person, in order to intimidate that person, regardless of whether the firearm is directly visible to that person.
 
El Capitan said:
Yes, just like a home invader would call the police on you if you brandished a weapon? This is the thinking that creates victims.

Your rationale is the same as all these sanctuary state attorney generals where the defense of the criminals outweighs the rights of the victims.

"Officer. I was asleep and woken by a commotion in my cockpit. I heard several male voices so I came out armed ready to defend myself and my family when I found a group of trespassers had illegally boarded my vessel and were trying to surround me, I felt they were going to attack me and my family. I was afraid for my life and the lives of my family. I fired a warning shot in the air and yelled for them to leave. One came at me to grab my weapon and I fired. As you can see by the hole in his chest he was less than 6 inches from me. At that time the other trespassers jumped in the water. I have no recollection how my shotgun fired the remaining 6 shells but I am sure my lawyer will explain. Thank you."

So long as our mentality defers to the advantage of criminals we will not have law and order.
Click to expand...
I am not saying you are wrong. Ain’t a LEO, attorney, a professional firearm person, but there is no chance in hell you will deliver that coherent speech after you just blew away one or more people, there blood, brains and guts are splattered all over your cockpit, your wife, your face. It just ain’t happening.
What you should say is”I don’t know what just happened and I ain’t saying shit til my lawyer is in the room”.
 
Last edited:
SeasNT said:
Several years ago a couple we know was docked at a local island overnight with their brand new SeaRay bridge boat. They were awoken by a noise on the aft deck. The owner peeked around the curtain to see a naked couple going at it on the aft carpet. He slid open the sliding door yelling, "what are you doing on my boat!" The woman stood up, grabbed her clothes, kicked her partner and yelled, "you told me this was your boat!" Both quickly ran down the dock. The owners wife couldn't stand the thought of the whole experience. He had to sell the boat and by another new one. That was back in the day when new boats were more plentiful.
Click to expand...

That is hilarious. ‘Don’t want to make a mess of my new sheets, sweetie’. Lucky he didn’t get shot in the ass based on this thread! :)
 
18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.

*However, this section shall not apply to any person engaged in excusable or justifiable self-defense.

Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
 
Just to add a twist to this whole discussion, if your vessel is documented it is a federal domain vessel so it goes past the castle statute and be a federal issue.
 
dwna1a said:
18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.

*However, this section shall not apply to any person engaged in excusable or justifiable self-defense.

Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
Click to expand...

That is a state law and only pertains to your state. While other states like Florida has those laws others don't, I live in MD and there isn't a brandishing law.
 
You must log in or register to reply here.

Forum statistics

Threads
113,118
Messages
1,426,466
Members
61,033
Latest member
SeaMonster8
Back
Top