...and other Navy types who might be up to date on Security NavOpInst, or whatever passes in modern squid-dom for those vital oeprating rules of yesteryear.
I'm particularly interested in those regs dealing with in-port secuity near and alongside moored vessels.
Maybe what I need is a good sea-lawyer, but my question is this, how can NavOpInst supersede the US constitutional rights of citizens, when NOT on a military installation?
Implementing some (unstated) NavOpInst or other regulation (not stated or briefed to the public), all vessels proceeding upriver on the Willamette River with weapons of any sort, were barred from proceeding past the Broadway Bridge from last Wednesday to today at 1100 PDT. Yours truly, a retired Air Force officer and retired Deupty Sheriff of this jurisdiction, had to use up a few chips and call at the River Patrol office to turn over all the "weapons" on my yacht, to wit, one snubby revolver and one 380 mousegun and their ammo, plus a 4-oz can of OC defense spray. I then underwent a "voluntary" search of my vessel (which has dozens of places weapons can be stashed) before being allowed to wait in line for escorted navigation upriver to my destination, Riverplace Marina, where I could have gotten off, gotten a ride home, re-armed myself, and come back to my boat, had I wished. I didn't so wish, and resorted to carrying edged weapons for the duration of my trip. Between edged weapons, and hornet spray, I figured I could repel boarders well enough.
I'm not done with this situation, though. The following things bother me.
- There IS a war on (actually, 4 active areas of combat, all on foreign shores), but how does that turn an entire major River navigation system into a military area when the Fleet comes for a social call in our Port, which is at peace?
- The state's policing agencies carried out this Naval Operating Instruction, even though both the Navy and the US Coast Guard had operating security boats out on the water. Where is THAT written down as possible without some sort of declaration of civil/military emergency?
- Where does MY Civil Right to Keep and Bear Arms come in as inferior to this NavOpInst ?
- Isn't there a supreme requirement to actually PUBLISH any such restrictions before implementing them?
Inquiring minds want to know. Inquiring minds know how to hire sea-lawyers. Inquiring minds know how to blog and write letters to Editors. In short THIS inquiring mind knows how to stir the pot.
Any commenters with knowledge on any of the above points are encouraged to post that information in comments, below, or email me at perspac@yahoo.com
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AAR: After the Fleet left early yesterday, the river returned to a normal state of operations. I slipped my moorings at Riverplace, called at the River Patrol base just downriver, retrieved my weapons, and had a nice chat with the Lieutenant in charge there. He was operating under the impression that his people (and all the out-of-town Marine Deputies as well) were operating under the direct supervision and orders of the Navy and/or Coast Guard. He agreed with my hunch that this is all Navy in-port security procedure.
Fine, as far as that goes. Where is it written, what laws authorize it, and especially, how do the civilian Marine Deputies or even Federal Police (there were uniformed Federal Police there as well, from the DHS) operate under military regulations? For example, there is a free-fire zone of 150 meters around the moored Navy ships, seaward from their hulls as they sit in the river. Can the Marine Deputies fire on any boat in the Free Fire Zone? If so, I can tell you EXACTLY that such use of Deadly Force is NEVER permitted under Oregon law. I doubt that the Navy approving it would make it legal under Oregon law, as contested in an Oregon courtroom.
So many questions remain, but I at least convinced the EllTee to ask those questions at the next Port of Portland Security Committee meeting, a regular session that the Coast Guard Port Captain holds.
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