BajaNomad

Speargun Confiscated at TIJ Border

Don Jorge - 9-30-2019 at 05:22 PM

Last Tuesday, the gal working the early morning shift for Aduanas at the TIJ border took away my speargun. Luckily it was a JBL and not the Riffes which I left at home, but still a few hundred bucks. This is not the first time I have had issues with the spearguns crossing into Mexico, but this is the first time they confiscated them.

I could do or say nothing to convince her it was legal in Mexico for sport fishing purposes. They did give me a receipt and I can pick it up when I return but that is still a month away and if it will still be there I do not know.

In the end, after 3 hours of trying to scare me that it was a weapon, blah blah, they let me go, without it. From the get go I was not going to let the encounter spoil my trip and used it as an exercise to practice Spanish and engage in the system formally, with respect and confidence.

The aduanas gal also tried to to tell me that since my registration on the quad was expired, I could not bring it in to Mexico and needed to return to the USA . Explaining to her the registration was not required for off road use and I only had it to prove ownership in order to bring it along was a hard sell. In the end she ran the registration through the computer data base and yes, it belongs to me.

I would have been so happy to have the regulations regarding spearguns in Mexico in print. Would need to have an official copy from PESCA rules and or from the Registro Federal. Anyone have a link to share?

Also, they tried to tell me it was very dangerous to carry such a lethal weapon. I explained to them how this lethal weapon works and showed them I had removed the bands for transport. Got a bad look from her on that exchange and she huffed off never to be seen by me again.

In the end she sent out a fellow to deliver the stack of papers i needed to sign and they gave me back my passport, registrations for truck, trailer and quad and let me go.

Those aduana gals are tough but in this case she made up her own rules. If we could get in print the official rules regarding spearguns in Mexico and share those rules it would be very helpful in preventing this from continuing to happen.


20190925_034515_resized_3 (1).jpg - 184kB

[Edited on 10-1-2019 by Don Jorge]

[Edited on 8-17-2021 by Don Jorge]

mtgoat666 - 9-30-2019 at 05:56 PM

Legal-to-fish-with may be separate matter from being legal to carry across border...

baronvonbob - 9-30-2019 at 07:38 PM

That is an interesting point, actually needs consideration!

Pacifico - 9-30-2019 at 08:09 PM

First time I've heard of something like this! I've taken my spearguns dozens of times in plain view without issue. Unless something changed, I don't know....
All I could find was this:



You may have gotten the bad apple at the border...

[Edited on 10-1-2019 by Pacifico]

[Edited on 10-1-2019 by Pacifico]

[Edited on 10-1-2019 by Pacifico]

[Edited on 10-3-2019 by Pacifico]

SoCalAl - 9-30-2019 at 08:15 PM

I usually request their supervisor and things usually get resolved... Have had those types of experiences at aduana beofre...

ehall - 10-1-2019 at 07:44 AM

Funny, even the soldiers at the military checkpoints don't give it a second look.

Mulege Canuck - 10-1-2019 at 07:53 AM

I bring two spearguns with me, and I have never had a problem. I keep them in the open in my camper. After hearing this I will tuck them away.

That really sucks man.

Don Jorge - 10-1-2019 at 08:45 AM

Quote: Originally posted by mtgoat666  
Legal-to-fish-with may be separate matter from being legal to carry across border...

Yes and that was her contention in the end. But, they were unable or unwilling to show me the regulation specific to this issue.

They claimed it needed to be imported and since I did not declare it they confiscated it.

Now, it would be nice if we could clear this issue up with printed, published Mexican laws. When I return I will speak with a customs broker we know and see if they can bring some clarity to this.

I only brought this up because I know many of us have crossed many times, been through many military checkpoints too with spearguns and never had a problem.

Since this was the second time this year the speargun was an issue it is obvious and best if I can get definitive, legal guidance.

Merely trying to find an answer and the final answer, spearguns legal or not legal to possess and or transport, will be the guidance we follow.

Since I am now in their database I dare not bring another speargun across until this is cleared up. Second time could result in a vehicle impound and that gets really expensive and time consuming.

Two things stand out to all the changes over all the years spent in Baja.

The first is the emergence of a solid middle class in Mexico.

The second is the border crossing. Gone are the days of pay as you go.

daveB - 10-1-2019 at 10:03 AM

You had no SCUBA gear with you? I have always heard that is not permitted in Mexico, if they see the two together, your gun with be taken. I do note you did not have mention of SCUBA so I hope you can retrieve your gear, sounds like a problem with border personnel. Trying another crossing might have crossed my mind.

AKgringo - 10-1-2019 at 10:26 AM

I don't know...a tube with a pistol grip? She might have thought it was a rocket launcher! :O

Lee - 10-1-2019 at 10:38 AM

Quote: Originally posted by Mulege Canuck  
I bring two spearguns with me, and I have never had a problem. I keep them in the open in my camper. After hearing this I will tuck them away.

That really sucks man.


Here's the problem. You see someone experiencing a problem, and think you will learn from their ''mistake.''

Think MX logic might play out this way. If I were keeping spearguns in the open in a camper and that has worked in the past, I'd keep doing it.

My opinion doesn't matter what the MX law is, or how long spearguns have been allowed into MX in the past.

Having a hardcopy of the law in hand, showing it at border crossing, is probably meaningless as well. The legitimacy of the copy can be denied by the border agent, and that's that.

Think it's luck of the draw in this situation. Get your gear back and use a different crossing.

Archie - 10-1-2019 at 12:19 PM

Quote: Originally posted by Don Jorge  

They claimed it needed to be imported and since I did not declare it they confiscated it.


That's highly irregular. The website of Mx Customs has a list of the things you can bring as a tourist without paying taxes, that includes sports gear

http://omawww.sat.gob.mx/BienvenidoaMexico/Paginas/respaldo/...
Quote:

Dos equipos deportivos personales, cuatro cañas de pesca, tres deslizadores con o sin vela y sus accesorios, trofeos o reconocimientos, siempre que puedan ser transportados común y normalmente por el pasajero.


Two sets of sports gear for personal use, four fishing poles, three boards w/without sails, trophies and awards that can be carried normally by the passenger.

Official norms for sport fishing do consider the use of spear guns, even pneumatic; and only if you plan to use it from a boat, then they can ask you for your fishing license. If you plan to fish from shore, you're good to go.

http://www.pescalabaja.com/doc/Manual-de-Pesca-17FEB-interac...

I Know the last thing you want it's to get involved in the bureaucratic nightmare with Mx Gvt, but you should file a complaint.

That's the only way they can solve things like this, law should not be subject to personnel interpretations or criteria.



[Edited on 10-1-2019 by Archie]

freediverbrian - 10-2-2019 at 06:56 PM

The most through searches I have had at the South bound boarder have been by the young women agents. They will search your vehicle very well. Maybe too well inforcing laws that do not exist. I can understand a young woman working in a Latin America macho job, has to work twice as hard as a male. I would much rather we an old pot belly male officer inspector coming to my truck, he will not climb in the back and dig thru bags and boxes.

Allwaters - 10-30-2020 at 07:58 AM

Quote: Originally posted by Don Jorge  
Last Tuesday, the gal working the early morning shift for Aduanas at the TIJ border took away my speargun. Luckily it was a JBL and not the Riffes which I left at home, but still a few hundred bucks. This is not the first time I have had issues with the spearguns crossing into Mexico, but this is the first time they confiscated them.

I could do or say nothing to convince her it was legal in Mexico for sport fishing purposes. They did give me a receipt and I can pick it up when I return but that is still a month away and if it will still be there I do not know.

In the end, after 3 hours of trying to scare me that it was a weapon, blah blah, they let me go, without it. From the get go I was not going to let the encounter spoil my trip and used it as an exercise to practice Spanish and engage in the system formally, with respect and confidence.

The aduanas gal also tried to to tell me that since my registration on the quad was expired, I could not bring it in to Mexico and needed to return to the USA . Explaining to her the registration was not required for off road use and I only had it to prove ownership in order to bring it along was a hard sell. In the end she ran the registration through the computer data base and yes, it belongs to me.

I would have been so happy to have the regulations regarding spearguns in Mexico in print. Would need to have an official copy from PESCA rules and or from the Registro Federal. Anyone have a link to share?

Also, they tried to tell me it was very dangerous to carry such a lethal weapon. I explained to them how this lethal weapon works and showed them I had removed the bands for transport. Got a bad look from her on that exchange and she huffed off never to be seen by me again.

In the end she sent out a fellow to deliver the stack of papers i needed to sign and they gave me back my passport, registrations for truck, trailer and quad and let me go.

Those aduana gals are tough but in this case she made up her own rules. If we could get in print the official rules regarding spearguns in Mexico and share those rules it would be very helpful in preventing this from continuing to happen.




[Edited on 10-1-2019 by Don Jorge]

Allwaters - 10-30-2020 at 08:04 AM

Sounds like she likely had a boyfriend of family member she was thinking of gifting it to. Some palm grease or speaking with a higher up would have allowed it. Certain areas I have seen signs posted outlawing their use or possession of them such as in a sanctuary of some sort but not overall. I had a similar situation years ago flying into Argentina with fishing rod tubes. They could not be found at the airport and I was recommended to return tomorrow, I knew if I had done so I would never have seen or used those rods ever again, instead I demanded to see someone else and stay at the airport as long as necessary to get them. They miraculously appeared within minutes!

BajaTed - 10-30-2020 at 09:48 AM

Dude,
They gave you 10 minutes to find a way to hand over a twenty spot.
You then stretched it out to 3 hours.

She told the story to her amigas and they all had a laugh while nodding in the affirmative manner that they do when discussing norteamericanos.

Don Jorge - 10-30-2020 at 10:37 AM

Quote: Originally posted by BajaTed  
Dude,
They gave you 10 minutes to find a way to hand over a twenty spot.
You then stretched it out to 3 hours.

She told the story to her amigas and they all had a laugh while nodding in the affirmative manner that they do when discussing norteamericanos.



You are right no doubt. Maybe after I get more experience in Mexico, maybe someday as much as you have now, I can figure that all out. Thanks!

chatolj - 10-31-2020 at 07:25 AM

Looking at the photo it appears you were at one of the x-ray machines. Once they have you that far into their system, a twenty dollar bill is not going to fix things. The new crop of Aduana employees are very serious about their jobs. Their training and knowing the laws is another story. That new south bound TJ crossing does a faster and more complete job of monitoring what is crossing than the north bound US CBP.
As far as bribing any Mexican official, $50 is the new $20. Just saying.

BajaBlanca - 10-31-2020 at 01:20 PM

I do believe your speargun will be there when you return but by the time one arrives at the border, getting across it fast is usually the priority.

Bummer, for sure. Fantastic that you decided not to let it spoil your trip!
That's the right attitude, for sure.

Will you make it as far south as La Bocana? I would love to buy you a margarita at our beach restaurant!

Don Jorge - 11-1-2020 at 02:12 PM

Quote: Originally posted by BajaBlanca  
I do believe your speargun will be there when you return but by the time one arrives at the border, getting across it fast is usually the priority.

Bummer, for sure. Fantastic that you decided not to let it spoil your trip!
That's the right attitude, for sure.

Will you make it as far south as La Bocana? I would love to buy you a margarita at our beach restaurant!

This post is from last years fall trip to Mag Bay. I was there 2 months and upon my return never attempted to retrieve the speargun.

Leaving soon for this years fall trip to Mag Bay. I will not be visiting La Bocana this trip plan but someday.

I plan to to bring another speargun and hopefully even if those Tolucanitas at Aduanas give me grief with Lencho's help finding Articulo 92 maybe the results will be positive. Have Articulo 92 printed out and ready to share with the gals from chorizolandia.
Quote: Originally posted by lencho  
Quote: Originally posted by Don Jorge  
Would need to have an official copy from PESCA rules and or from the Registro Federal. Anyone have a link to share?

Check Artículo 92.

Thanks Lencho. Much appreciated the effort to find and share that information.

Don Jorge - 11-2-2020 at 05:17 PM

Quote: Originally posted by lencho  
Quote: Originally posted by Don Jorge  
even if those Tolucanitas at Aduanas give me grief...

"Tolucanitas"? Where'd that come from? Did you actually get that far in conversation with them? :lol:


You betcha and I usually do in situations like that. I enjoy the conversation, the getting to know the other side.

While some may think it stupid and a waste of time those 3 hours, I do not feel that at all. I could have just blown the gun off, or turned around but instead I asked questions, asked to speak to supervisors and in general brought the 3 hour wait on myself.

Learning how the system works is an educational experience and sometimes the classes go on and on.
I have also learned the system changes often depending on whom one is interacting with and concerning what matter is on the table.

One thing I have learned for certain is the gals from chorizolandia are by the book, their book, if it isn't in "the" book.

And OMG they are stubborn. Mulas de chorizolandia, sip!:bounce:

The recent events

Don Jorge - 8-16-2021 at 07:20 AM

have me thinking about the next time we cross with our spearguns? Have had issues at Tijuana in the past with this. Next trip south with the diving gear might provoke more delays, or not. Will let you know soon.

SFandH - 8-16-2021 at 08:32 AM

FWIW:

"Air compression spearguns are prohibited. Rubber band spearguns are permitted."

https://www.discoverbaja.com/go/crossing-border-mexico/#cust...

mtgoat666 - 8-16-2021 at 08:34 AM

Quote: Originally posted by Don Jorge  
have me thinking about the next time we cross with our spearguns? Have had issues at Tijuana in the past with this. Next trip south with the diving gear might provoke more delays, or not. Will let you know soon.


Better off to put armor on your car like mad max, and run the road blocks.




[Edited on 8-16-2021 by BajaNomad]