§ 526. Stopping vessels; indemnity for firing at or into vessel

998 words·~5 min read·/usc/title-14/section-526

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whenever any vessel liable to seizure or examination does not stop on being ordered to do so or on being pursued by an authorized vessel or authorized aircraft which has displayed the ensign, pennant, or other identifying insignia prescribed for an authorized vessel or authorized aircraft, the individual in command or in charge of the authorized vessel or authorized aircraft may, subject to paragraph (2), fire at or into the vessel which does not stop.

(2)Before firing at or into a vessel as authorized in paragraph (1), the individual in command or in charge of the authorized vessel or authorized aircraft shall fire a gun as a warning signal, except that the prior firing of a gun as a warning signal is not required if that individual determines that the firing of a warning signal would unreasonably endanger individuals or property in the vicinity of the vessel to be stopped.

(b)The individual in command of an authorized vessel or authorized aircraft and all individuals acting under that individual’s direction shall be indemnified from any penalties or actions for damages for firing at or into a vessel pursuant to subsection (a). If any individual is killed or wounded by the firing, and the individual in command of the authorized vessel or authorized aircraft or any individual acting pursuant to their orders is prosecuted or arrested therefor, they shall be forthwith admitted to bail.

(c)A vessel or aircraft is an authorized vessel or authorized aircraft for purposes of this section if—

(1)it is a Coast Guard vessel or aircraft;

(2)it is a surface naval vessel or military aircraft on which one or more members of the Coast Guard are assigned pursuant to section 379 of title 10; 1 or

(3)it is any other vessel or aircraft on government noncommercial service when—

(A)the vessel or aircraft is under the tactical control of the Coast Guard; and

(B)at least one member of the Coast Guard is assigned and conducting a Coast Guard mission on the vessel or aircraft.

(Aug. 4, 1949, ch. 393, 63 Stat. 546, § 637; Pub. L. 100–690, title VII, § 7401(a), Nov. 18, 1988, 102 Stat. 4483; Pub. L. 106–65, div. A, title X, § 1022, Oct. 5, 1999, 113 Stat. 746; Pub. L. 108–293, title II, § 205(a)–(c), (e)(1), Aug. 9, 2004, 118 Stat. 1032, 1033; Pub. L. 111–281, title II, § 213(a), Oct. 15, 2010, 124 Stat. 2915; Pub. L. 114–120, title II, § 209(9), Feb. 8, 2016, 130 Stat. 41; renumbered § 526, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(a)(7), Jan. 1, 2021, 134 Stat. 4748.)

Historical and Revision Notes

Based on title 14, U.S.C., 1946 ed., § 68 (R.S. 2765).

Aircraft are included within the protective terms of this section which permits aircraft to stop vessels but makes no provision for stopping aircraft.

Changes were made in phraseology. 81st Congress, House Report No. 557.

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