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Old 03-19-2009, 07:26 PM
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Default Convited Felon gets United States Coast Guard License

Should a felon get a USCG captains license?
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Old 03-19-2009, 07:38 PM
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USCG uses this as a guideline:


Interpretation of moral turpitude

A definition of moral turpitude is available for immigration purposes on the United States Department of State website.
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.

CategoryCrimes involving moral turpitudeCrimes not involving moral turpitudeCrimes Against PropertyFraud:
  • Making false representation
  • Knowledge of such false representation by the perpetrator
  • Reliance on the false representation by the person defrauded
  • An intent to defraud
  • The actual act of committing fraud
Evil intent:
  • Damaging private property (where intent to damage not required)
  • Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude)
  • Passing bad checks (where intent to defraud not required)
  • Possessing stolen property (if guilty knowledge is not essential)
  • Joy riding (where the intention to take permanently not required)
  • Juvenile delinquency
  • Trespassing
Crimes Committed Against Governmental AuthorityCrimes Committed Against Person, Family Relationship, and Sexual Morality
  • Abandonment of a minor child (if willful and resulting in the destitution of the child)
  • Adultery (see INA 101** repealed by Public Law 97-116)
  • Assault (this crime is broken down into several categories, which involve moral turpitude):
    • Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
    • Assault with a dangerous or deadly weapon
  • Bigamy
  • Contributing to the delinquency of a minor
  • Gross indecency
  • Incest (if the result of an improper sexual relationship)
  • Kidnapping
  • Lewdness
  • Manslaughter:
    • Voluntary
    • Involuntary (where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly)
  • Mayhem
  • Murder
  • Pandering
  • Prostitution
  • Rape (including "Statutory rape" by virtue of the victim's age)
  • Sodomy
  • Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)
  • Bastardy (i.e., the offense of begetting a bastard child)
  • Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary)
  • Fornication
  • Incest (when a result of a marital status prohibited by law)
  • Involuntary manslaughter (when killing is not the result of recklessness)
  • Libel
  • Mailing an obscene letter
  • Mann Act violations (where coercion is not present)
  • Riot
  • Suicide (attempted)
Attempts, Aiding and Abetting, Accessories and Conspiracy
  • An attempt to commit a crime deemed to involve moral turpitude
  • Aiding and abetting in the commission of a crime deemed to involve moral turpitude
  • Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude
  • Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude where the attempted crime would not itself constitute moral turpitude.
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Last edited by CMS; 03-21-2009 at 05:57 AM. Reason: Eliminated Profanity
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Old 03-19-2009, 08:01 PM
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Why not???? What was he convicted of??? How long ago was the conviction??? What are the circumstances around the conviction? A Coast Guard Licence is something to be distinguished, I am more upset with the fact that someone who has never worked on a boat, never owned a boat or for that matter just say they were on a boat can get a license.
This person may have been convicted of a felonous DWI 30 years ago, since then spent 30 years on the back of a boat, year round, been sober for 25 years and turned his life around.Who would you rather see on the water then???
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Old 03-19-2009, 08:04 PM
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Happens often. All thats required is a couple more references and a promise to be good.
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Old 03-19-2009, 08:11 PM
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Quote:
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Heck no
Here is the more intelligent response coming from a recovering addict and convicted felon...I do not think a felony conviction should ban an individual from opportunities to progress in one's life. Should certain parameters be set and met? Yes. Instances such as these should be looked at on an individual basis; looking at specifics of convictions/ charges, time lapse from last conviction, legal issues met and successfully completed, rights restored, and so on. We have all made mistakes in life...some of us are just not good at getting away with them. People like me have had to learn the hard way...from my own mistakes. Fishing and boating are a part of my life that have helped leed me to sobriety.
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Old 03-19-2009, 08:26 PM
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So your more comfortable with someone who has never owned a boat, spent a bunch os weekends cruising on a friends boat, not even at the helm, just on the boat as the regs say.
This is really silly, if the guy was convicted of rape and murder last year, no he should not and probally would not get a license.
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Old 03-19-2009, 08:36 PM
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Quote:
Originally Posted by spearnreel View Post
Here is the more intelligent response coming from a recovering addict and convicted felon...I do not think a felony conviction should ban an individual from opportunities to progress in one's life. Should certain parameters be set and met? Yes. Instances such as these should be looked at on an individual basis; looking at specifics of convictions/ charges, time lapse from last conviction, legal issues met and successfully completed, rights restored, and so on. We have all made mistakes in life...some of us are just not good at getting away with them. People like me have had to learn the hard way...from my own mistakes. Fishing and boating are a part of my life that have helped leed me to sobriety.

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Old 03-19-2009, 09:06 PM
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We have all made mistakes in life...some of us are just not good at getting away with them.
perhaps CMS did never
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Old 03-19-2009, 09:46 PM
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Should a felon get a USCG captains license?

If he meets all qualifications? Absolutely.

That being said, there are consequences to criminal activity in our society (or there used to be) and being convicted of a felony invokes some of those consequences. I don't give a rat's patoot if the guy turns into a saint, to most a felony is a felony and will follow him all the days of his life (or until the democrats change or eliminate the consequences, whichever comes first) ...
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Old 03-20-2009, 04:46 AM
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Let's face it being a charter boat captain, coastal tug boat operator or small ferry boat driver (which is all anyone who hasn't gone to one of the maritme colleges can get a job doing) isn't brain surgery or rocket science (or for that matter flying a commercial jet) - and since a felony conviction doesn't legally stop one from doing any of those jobs, why shouldn't qualified felons who have paid their debt to society be allowed to obtain a USCG license?
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Old 03-20-2009, 06:53 AM
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Well,

This would be handled on a case by case basis when the individual applies for his TWIC card. This is a homeland security measure to protect U.S. ports. All USCG document holders are now required to obtain a TWIC card. You can look up the list of crimes that will prohibit someone from getting a TWIC card, there is like s "List A" and a "List B" where any one crime from one list puts you out and maybe two from the other list.

So even if you could get the USCG documents, you might not get a TWIC card.
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Old 03-20-2009, 05:27 PM
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Should a felon get a USCG captains license?
Yes, because its none of your business and you dont know what he did and if he paid his dues.
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Old 03-20-2009, 05:38 PM
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Depends on what he did in my opinion. Rape, murder, child molester, then no, he should still be in jail.
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Old 03-20-2009, 05:57 PM
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Depends on what he did in my opinion. Rape, murder, child molester, then no, he should still be in jail.
I agree, but this is a totally different issue. I would rather have a child molester busy driving a tug boat from 9-5 then sitting at home with no job and nothing to do.

If we want to keep them in jail, then let's do it. It is going to cost us, but it is our choice. if we are not keep them IN, then let them rebuild their lives.
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Old 03-20-2009, 06:05 PM
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Why not???? What was he convicted of??? How long ago was the conviction??? What are the circumstances around the conviction? A Coast Guard Licence is something to be distinguished, I am more upset with the fact that someone who has never worked on a boat, never owned a boat or for that matter just say they were on a boat can get a license.
This person may have been convicted of a felonous DWI 30 years ago, since then spent 30 years on the back of a boat, year round, been sober for 25 years and turned his life around.Who would you rather see on the water then???
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Old 03-20-2009, 06:41 PM
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I think the whole point of serving time is to pay your debt. You serve the time, were square.
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Old 03-20-2009, 06:53 PM
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Well let's see, I was convicted of a class C felony drug charge back in 1989. Yes, I was young and stupid did 6 month's on a 5 year beef, best thing that ever happen to me. I was rescued from myself, I needed that kind of treatment center, 6 X 9 in-fact, back then, there was no option going to a treatment center or programs like today. Well anyhow I had community service to do, when I got out I got off the bus went down to a temp agency, applied for a job, and in less then a week I was working full time during the day and community service 400 hr at night. I did it every night for weeks straight, I had 275 hr done, and one evening I was driving to community service and got pulled over, and I did not know my license was suspended, well guess what Felony driving while suspended. The cop that pulled me over even went to Court for me in my behalf, the people I was doing my service with went to court, but the law is the law, I never thought I would ever get out of the system it took over 6 Yrs, but if I make it to May 29 of this year, I will attain 19 yr clean & sober. 2 Lessons in life you learn very well, ones that cost you the most money and the ones that bring you the most pain.
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Old 03-20-2009, 07:04 PM
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I think the whole point of serving time is to pay your debt. You serve the time, were square.
EXACTLY! People commit crimes, they serve thier sentences and a lot of them try to resume normal productive lives, only to be constantly reminded of this should they apply for certain jobs, want to hunt with a firearm and so on. The "F" in felony means forever. Unless you get a Governer or Presidential pardon.

No, I'm not a Felon. My father was because of a very stupid decision he made before I was born. He paid his debt to society and was a good man. He also was a commercial fisherman for 40 yrs of his life, during which has been the majority of mine. He skippered so many different 70' + boats, I couldn't even guess the names of them all. Damn good at what he did and was well respected and still respected by many.

On a different note, I got lots of berths on boats just by who I was! And of course, I never measured up.

Back to the subject, being a Felon does not always mean a bad PERSON, it means a bad DECISION and action as a result of that.

I ramble too much...........
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Old 03-20-2009, 07:10 PM
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Lets see, February 11th 1999 is my sobriety date. Felony DWI, now I am a licensed crane operator in NYC,NYS,CCO, have a class A CDL ,but I guess I shouldn't be allowed to have a Captain's license.
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Old 03-21-2009, 06:16 AM
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Default How about Embezzlement !

How about Embezzlement !
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