Guns on boats. Marine laws vs state laws

[agallant80]

Got in to a discussion last night about this. Could not really find out much from google. Say you are the ICW of North Carolina and you have a gun on your boat I know you are obligated to follow NC laws regarding guns. Are there any coast guard or maritime laws that need to be followed or does it just kick back to state laws?

 

[spdracr39]

Re: Guns on boats. Marine laws vs state laws

Any Corps of Engineers waterway, Park, Or lake is a no go.

"Army Corps of Engineers, which oversees nearly 12 million acres that abound in lakes, rivers, campsites and hiking trails. Currently, guns on those properties are limited to activities like target-range shooting and hunting, and weapons must be unloaded while being carried to those activities."

 

[dingbat]

Re: Guns on boats. Marine laws vs state laws

State law is in effect within State controlled waters. Federal regulations start 3 miles off the coast.
Federal law states that as long as you have all legal permits from your boat port of call and you are in federal waters

 

[brad614]

Re: Guns on boats. Marine laws vs state laws

I have been boarded several times in the ICW by USCG, state, and local LEO's. I always tell them there are guns on board and where they are BEFORE they board. I have never had an issue, and they are always very appreciative of the disclosure. USCG will unload and take possession of the weapon(s) while they are onboard, and then put them back where they were when they leave, which is fine with me. As an ex-LEO iI never had an issue with those that told me upfront they had a weapon - it's the ones that you found by "surprise" that worried me!

 

[moosehead]

Re: Guns on boats. Marine laws vs state laws

So our family was cruising to home port after a sunset run, and we had it throttled back through some shallows. It was dusk and visibility was poor, and a nearby pontoon either didn't see us or didn't care.

So we're about 50 yards off his bow when the pontoon captain sends a dog into the water after a goose that is just casually floating. He then pulls a shotgun and takes out the goose, which the dog dutifully retrieves. We couldn't tell if the goose had taken flight or not, but he was definitely cooked.

We're not hunters, but we are carnivores and all of our neighbors hunt to put food on the table. Regardless, it sure was unsafe, alarming, and not at all sportsmanlike. We just got the heck outta there instead of confronting the guy, but I did call around to ask about the legality of the incident.

Turns out the governing body over waterways in Colorado sets rules over guns aboard, in our case Colorado State Parks. Even more surprising to me is that both guns and hunting are allowed aboard in season. I let it go whether or not it mattered that we were nearby or that the bird may have not been in flight, but made a note to self.

 

[Thalasso]

Re: Guns on boats. Marine laws vs state laws

Army Corps of Engineers Federal Regulation 36 CFR 327.13

 

[Home Cookin']

Re: Guns on boats. Marine laws vs state laws

To answer the question about what is "legal" you will find many overlapping rules and regs. Some are driven by your location: state + county/city + specific water (state park, army corps, etc.). Some are driven by type of gun and how it's carried (loaded, concealed, cased, handgun v long gun, within reach) and some there are exceptions if you are hunting as opposed to passing through.

In a "conversation" with some game wardens once, a guy I was with was in a 14' boat and had an old pistol in a shell box. Because the boat was so small, it was "within reach" and it was in the box so it was "concealed" and it wasn't a hunting gun, so he could have been cited for an illegal concealed weapon. And had it been the same gun in the same box in a 21' boat, it would not have been. That's one of the reasons I got a concealed carry permit, so I wouldn't have to worry about details, debatable standards and over-zealous LEO's.

Your hunting guns should always be unloaded when in a boat that is under power, because (a) that's basic safety and (b) it's illegal to shoot from a moving boat.* And the better practice is to have them in the case, too. There are very few instances where you can get in trouble for having an unloaded gun in a case.

Many places that ban guns make an exception for one while in transit (again, cased amd unloaded). But what about waterways near cities like DC and Boston that ban possession of many guns, including handguns?

I use boats for transportation to and from an island hunting/fishing camp, where we also target shoot. So I am always carrying guns on the water even when not hunting. As far as purpose goes, my boat on the creek is the same as my car on the highway, but different rules can apply. I've had that "conversation" too with wardens about carrying lead shot, not hunting but during the season. Anotehr $700 question.

*There is a conflict between Federal and Virginia law as to shooting a cripple (duck/goose) while under power so if you do it, you have to know which warden is watching, whether you are OK or will be writing a $700 check.

 

[spdracr39]

Re: Guns on boats. Marine laws vs state laws

*There is a conflict between Federal and Virginia law as to shooting a cripple (duck/goose) while under power so if you do it, you have to know which warden is watching, whether you are OK or will be writing a $700 check.

That's the issue with all the gun regs. It just depends on who you have to explain it to and what mood they are in that day..

 

[oldjeep]

Re: Guns on boats. Marine laws vs state laws

Even more surprising to me is that both guns and hunting are allowed aboard in season.

It was suprising to you that duck hunters hunt out of boats??

 

[Texasmark]

Re: Guns on boats. Marine laws vs state laws

It was suprising to you that duck hunters hunt out of boats??

I had my blind on my boat. I built a frame to fit the boat and put the camo over the frame. Texas law says that when you hunt the engine MUST be out of the water....aka no running them down. I have been challenged more than once in the wee hours of a cold, blistering, drizzling morning at first light by one of my local game wardens and never once was there a problem. But I did have my safety equipment checked, license and stamps in order and they went about their business.

Mark

 

[oldjeep]

Re: Guns on boats. Marine laws vs state laws

I had my blind on my boat. I built a frame to fit the boat and put the camo over the frame. Texas law says that when you hunt the engine MUST be out of the water....aka no running them down. I have been challenged more than once in the wee hours of a cold, blistering, drizzling morning at first light by one of my local game wardens and never once was there a problem. But I did have my safety equipment checked, license and stamps in order and they went about their business.

Mark

Here the law is that the motor is off and the boat has stopped moving.

 

[ThrottleBack]

Re: Guns on boats. Marine laws vs state laws

I follow the laws of my carry permit and keep it off any federal property.

 

[moosehead]

Re: Guns on boats. Marine laws vs state laws

It was suprising to you that duck hunters hunt out of boats??

No, poor choice of words on my part, or yours. It was circumstancial in our case and likely illegal on its own merits.

These guys weren't in a blind, near shore, nor wearing camo. Shooting a goose floating on the surface within close range didn't much qualify as hunting per se. In this instance, it happened in the middle of the lake occupied by pleasure boats, on a Sunday evening, with kids and Grannie onboard, within conversational distance from the shooter, with no signs or notice that the rig was locked and loaded and about to fire away.

 

[crabby captain john]

Re: Guns on boats. Marine laws vs state laws

Most states forbid Sunday waterfowl hunting. There are regs that state how far away from structures and vessels, a violation. Usually the law states hunting ends at duck which is a long period before dark. Sounds like multiple violations. Add in stupidity as even shot will ricochet from water.

No, poor choice of words on my part, or yours. It was circumstancial in our case and likely illegal on its own merits.

These guys weren't in a blind, near shore, nor wearing camo. Shooting a goose floating on the surface within close range didn't much qualify as hunting per se. In this instance, it happened in the middle of the lake occupied by pleasure boats, on a Sunday evening, with kids and Grannie onboard, within conversational distance from the shooter, with no signs or notice that the rig was locked and loaded and about to fire away.

 

[PiratePast40]

Re: Guns on boats. Marine laws vs state laws

Army Corps of Engineers Federal Regulation 36 CFR 327.13

According to that regulation, it would be illegal to have a flare gun since it shoots a projectile.

Home Cookin' is right about overlapping and confusing regulations.

A common misconception is that you can't carry on federal lands. It's federal buildings where firearms are prohibited. I.e., it's legal on forest service lands but not in the office.

 

[PiratePast40]

Re: Guns on boats. Marine laws vs state laws

My personal opinion is that it's one less of the flying crap machines!

 

[Home Cookin']

Re: Guns on boats. Marine laws vs state laws

a flare gun is a handgun under most definitions and can kill someone at close range. another conflict.

no guns on federal and army corp property makes it a crime to have one aboard passing through locks unless there is a "passing through" exception. Kinda like picking your kid up from school to go hunting/shooting with your gear in the vehicle.

Face it, most laws against mere possession (as opposed to use) simply trap those who are doing nothing wrong or dangerous, and have no effect on those who are up to mischief.

 

[dingbat]

Re: Guns on boats. Marine laws vs state laws

These guys weren't in a blind, near shore, nor wearing camo. Shooting a goose floating on the surface within close range didn't much qualify as hunting per se. In this instance, it happened in the middle of the lake occupied by pleasure boats, on a Sunday evening, with kids and Grannie onboard, within conversational distance from the shooter, with no signs or notice that the rig was locked and loaded and about to fire away.

Locally, "Blast and Cast" (Hunt and fish charters) are a very popular past time. The participants must stay in dedicated zones, 400-800 yards away from shore, blinds and roads depending on location. There are no distance from vessel restrictions. It's the operator's responsibility to be aware that they are operating in a "zone" and to avoid those activity engages in the sport.

 

[Thalasso]

Re: Guns on boats. Marine laws vs state laws

According to that regulation, it would be illegal to have a flare gun since it shoots a projectile.

Home Cookin' is right about overlapping and confusing regulations.

A common misconception is that you can't carry on federal lands. It's federal buildings where firearms are prohibited. I.e., it's legal on forest service lands but not in the office.

Not if it is required equipment.

 

[ThrottleBack]

Re: Guns on boats. Marine laws vs state laws

I live in a state with no requirement to disclose unless asked directly so i say in my waist band out of sight my business not theirs unless they ask