Mexican Pirates -- Legal Question on Borders

[calaverasslim]

Read yesterday that Mexican nationals are robbing Americans fishing on Falcon Lake, which stradles the border between the 2 countries. Rio Grand feeds the lake from west to east.

Heard that they are carring full auto ak's etc.

 

[TexasRifleman]

Not really gun related but I will try to make it that way with a question.

Since that lake is the border, wonder what the law is on having a firearm for protection? Only halfway across the lake or what? The border can't be very well marked in the middle of a lake I wouldn't think, or is it?

 

[Sam1911]

I'm moving this to Legal to redirect the thread away from immigration, politics, etc. (which are off-topic at THR!) to focus on the legal question TR brings up.

If you are on the lake or on the island, how do you know where you stand re: weapons laws & legality?

 

[calaverasslim]

My question for sure, TR

 

[TexasRifleman]

I can see lots of places for an international incident with something like that.

Worst case you are 2 feet from the border and you have to shoot someone 2 feet on the other side in self defense. 4 feet is certainly self defense range, but now you've shot into another country.

Certainly an unlikely situation but a can of worms I'd think.

Never really thought about it before but all along the border there is always the possibility. What if you shoot in self defense on the US side and the perp manages to crawl across the border where he dies? Or you get in a physical struggle on the US side and end up on the other side?

Again, very unlikely but for people on the border all the time I guess it could happen. Mostly just legal daydreaming I suppose.

Maybe I'll just fish further north

 

[Art Eatman]

The international boundary is defined as the center of the river channel. If a flood creates an island, the deeper channel is the boundary channel.

On Falcon or Amistad, you have no way of knowing which side of the border you're on. However, absent being adjacent to either shoreline, nobody else does, either.

US and Texas law do not object to self-defense.

This is a deal where "I think..." or "They oughta..." is totally irrelevant. If anybody with some knowledge of the legal situation can contribute to this thread, fine.

 

[ar10]

I guess you can compare it with Canada and US on Lake Erie. The boarder pretty much splits the lake. Canada is no guns, Ohio (US) it's legal.
I asked the CG at Port Clinton about the same issue a few years ago when I had my boat up there, I also run up to Pelee Point about every weekend. Their advice was pretty straight forward. Don't carry if you go near or across the border. If you're caught in Canada with any kind of gun they "escort" you to Pelee Island. You are generally bonded out but your boat and everything in it gets confiscated. I know, because one of the guys at the marina got nailed just North of Kelley's Island. And the CCG are very good, they have the GPS coordinates of your boat recorded and date/time stamp.

 

[ants]

My thoughts are all speculation. I doubt there is a body of case law to reference.

Well, if the Coast Guard uses GPS to determine position relative to border, you can do the same. At least you know where you stand.

I suspect that your actions (and the outcome) depend entirely upon the place that you stand. Murder across a border is still murder in the country you were standing. Of course, you may avoid prosecution if they cannot recover evidence (a corpse) to get a Grand Jury indictment.

 

[oneounceload]

GPS and things like Google Earth can give you the exact location - plugged into your boat's GPS, you will know where you are

 

[calaverasslim]

Good idea with the GPS. Course, it don't matter a hill o beans cuz they are coming acroos the lake a putting a gun in your face on the TX side. However, ifyou shoot, then your shooting a Mexican National and not a American.

I wonder if the Texas "Castle Doctrine" covers a boat as well as a car or truck?