Home |
Search |
Today's Posts |
|
#1
![]()
posted to alt.sailing
|
|||
|
|||
![]()
Rick Cortese wrote:
Unless you are in your own home, you may have the "duty to retreat" in your state. This means if someone is harassing you, you have to leave the area. I'm as serious as a broken leg about this, you have to leave or you will be charged with a crime. And John Weiss replied: In context, there is a serious flaw in your "duty to retreat" argument: A kayaker is ABSOLUTELY UNABLE to "retreat" from a powerboat! All he can do is snip There is another possible flaw here, in some (most? all?) states your boat may be recognized *as* your own home when you are aboard, and some people live aboard their boat as a primary residence. Also, even in states that require you to "retreat", there are usually extenuating circumstanses that may be recognized as legal allowing you to stand if you cannot, for one reason or another, retreat without futher endangering your life. You are also in most states allowed to defend the life of a loved one, in or out of a home, so that may add another dimension. Of course, all of this depends on how good your defense lawyer is... In my state, if I were to defend myself inside my home from an armed attacker which resulted in killing the attacker, I would bury the slimeball somewhere and tell no one. Here it was declared some years ago by the state illegal to defend one's self, but the lawsuits are the worst part - you will lose everything even if you are declared innocent. |
#2
![]()
posted to alt.sailing
|
|||
|
|||
![]()
"Red" wrote...
In context, there is a serious flaw in your "duty to retreat" argument: A kayaker is ABSOLUTELY UNABLE to "retreat" from a powerboat! All he can do is snip There is another possible flaw here, in some (most? all?) states your boat may be recognized *as* your own home when you are aboard, and some people live aboard their boat as a primary residence. Also, even in states that require you to "retreat", there are usually extenuating circumstanses that may be recognized as legal allowing you to stand if you cannot, for one reason or another, retreat without futher endangering your life. Indeed, the laws as well as the perceptions change significantly when you transition from kayak to sailboat or powerboat. Also, laws are in a constant state of flux as court decisions contradict or modify current law as to the definition of a "home" in the context of a boat or RV. While the case of a liveaboard or a RV driver on extended vacation is more clear, a kayak (context of OP's original question) would almost never be considered a "home," even though it is legally recognized as a "vessel." |
Reply |
Thread Tools | Search this Thread |
Display Modes | |
|
|
![]() |
||||
Thread | Forum | |||
rec.boats.paddle sea kayaking FAQ | General | |||
rec.boats.paddle sea kayaking FAQ | General | |||
rec.boats.paddle sea kayaking FAQ | General | |||
rec.boats.paddle sea kayaking FAQ | General | |||
rec.boats.paddle sea kayaking FAQ | General |