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Boating less than 12 miles out: Where am I?

Discussion in 'Legal' started by Devonai, Apr 19, 2004.

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  1. Devonai

    Devonai Member

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    Let's say I depart Portsmouth, NH and sail to New Haven, CT, and let's say that I have both NH and CT pistol permits, but no Massachusetts LTC.

    Let's also assume that I'm either on my own boat or have the owner's permission to carry.

    If we stay within US waters, would I be breaking Massachusetts law as long as we were off the Commonwealth's shores? I know I can't carry on shore but let's say I leave the weapon on board if we have to dock in Mass.

    Since the chance of being boarded by state-level law enforcement is beyond astronomical, what about the Coast Guard? Should I stow the weapon while off of Mass shores just in case the CG mistakes us for bad guys?

    I'm not concerned about pirates or anything but it would be nice to carry while leaving NH and after arriving in CT.
     
  2. Evil_Ed

    Evil_Ed Member

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    I can't answer your legal question but I would have a general recomendation for boating.

    You SHOULD be afraid of pirates... they still exist. Look up the statistics on boats that go missing every year. Todays pirates are guys in motorboats with firearms that will kill you for your boat and/or whatever cash & jewelry you have. It is just smart to carry while sailing/boating in the open ocean.
     
  3. sturmruger

    sturmruger Member

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    I agree there are still pirates I wouldn't boat on the open ocean without some sort of firearm. The question about the law is interesting. Good luck finding an answer.
     
  4. Fudgie Ghost

    Fudgie Ghost Member

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    I'm no lawyer, but wouldn't your boat constitute your "domicile" while you were on it? As I understand it, if I'm traveling through several states, I can possess a pistol in my hotel room, even though I don't have a CCW for that state--long as I don't leave the room with it--no carrying.

    Anybody else agree or not?
     
  5. Augustwest

    Augustwest Member

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    Depends on the state you're in, I think. My recollection is that the "Peaceable Journey" statutes are written in such a way that even stopping for gas or a potty break with a handgun in the car would run you afoul of the law - in other words, you're only protected if you travel straight through anti-states without stopping.

    I would therefore be really wary of bringing a gun into a hotel in Mass, unless I had whatever form of FOID they require in order to own a revolver or pistol.
     
  6. zahc

    zahc Member

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    In Ohio freshwater, no firearms allowed in boats at all unless legally engaged in hunting.
     
  7. Whit

    Whit Member

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    I'm not sure about your question. I would think you'd have some legal problems if your boat ran into trouble and the Coast Guard were to tow you to a Mass. harbor. It'd be an awful shame to have to '86' your sidearm. ....Whit
     
  8. angrywalkindude

    angrywalkindude Member

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    I say take a good "cheap" gun, where you can send it to the bottom if you get into a bind.

    What about carrying a shotgun onboard?
     
  9. M1911

    M1911 Member

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    On a boat?
     
  10. Moparmike

    Moparmike Member

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    Oooh, I know! In the ocean! :D


    Its going to be difficult for pirates to hijack my Iowa Class Battleship when I get it. And teach pigs to fly...
     
  11. XLMiguel

    XLMiguel Member

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    My understanding in US waters is that boat = home, and safe journey laws apply, but a quick check with the Coast Guard wouldn't be a bad idea to get the details (any Coasties here?). I wouldn't take it off the boat any place my CWP wasn't recognized unless unloaded & cased, as if going to the range or for repair, and keep it properly secured if you're off the boat. Last few years we've stuck pretty much to the Chesapeake, and I always have a little something to repel boarders when we anchor out.

    Laws vary in foreign ports, often they'll want to voucher them in the local with the harbour master or 'armory' when you arrive, return them when you're outbound. Some places will confiscate them. A little discretion goes a long way in any event.
     
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