Guns on a boat

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  • outobie

    Active Member
    Mar 7, 2012
    142
    Annapolis
    Hello I spend a lot my summers on the boat. It can be weeks at a time. I’d really like to have something with me for personal defense.

    How does MD treat a boat? Like a car? Like a house? Something else. My primary residence is in MD so all my guns meet MD laws. I do not have a carry permit. My father lived on his boat so had his guns on his boat but my boat is treated like a second home for tax purposes. For reference it’s 37’ with two cabins one bathroom and a full galley.

    Thanks for any info
     

    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    I am the only one who thought this was going to be a new Samuel L. Jackson movie?
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    14,171
    Mt Airy
    I am the only one who thought this was going to be a new Samuel L. Jackson movie?

    I thought someone found a new way to "lose" the guns they never had in the first place. Imagine if one had a boating accident whilst transporting weapons!
     

    Mr. Ed

    This IS my Happy Face
    MDS Supporter
    Jun 8, 2009
    7,899
    Edgewater
    I'm a fellow boater, and not a lawyer. My take is that there are two considerations: What is actually legal, and what is believed to be legal by whichever LEO gets involved. In the first case, it might be up to the courts to make a judgement, and in the second, if you appear to be legal the LEO won't have any reason to mess with you.

    That being said, the chances of a LEO asking about firearms aboard could be from a random inspection (USCG/MD DNR, etc.) or it could be in response to a situation where the firearm was used. Or alleged to have been used. If you are asked, my advice is to tell the truth, and don't move a muscle until told what to do by the LEO. Tell him/her what you're going to do, and do it slowly after they give you permission. LEOs have a right and reason to be cautious, and to expect the unexpected. Don't give anybody a reason to think you're a threat to their safety or authority. That seems to be the biggest reason otherwise innocent folks end up with bad outcomes from LEO encounters.

    Like yours, my boat is considered to be a 2nd home as it has all the amenities you listed. Under the law, it therefore becomes legal to have just about anything you want aboard as long as it complies with state and federal law. There are some exclusionary areas where firearms are required to be unloaded (or so I've been told) in areas of military activity, like Norfolk.

    Membership organizations like US Law Shield and others can give more specific, and probably more accurate information. I'm sure others will correct my mistakes and offer more useful information. Good luck!
     

    paperwork351

    no error code for stupid
    Mar 7, 2008
    867
    Gaithersburg
    I'm not sure how maryland DNR, state police or CG handle "domicile" but stay out of new york. I recall a story of a yacht owner that developed a problem and was towed into NY waters and the harbor police boarded the vessel and discovered an unregistered shotgun. He was charged with various violations. Since he could afford a yacht he could afford good lawyers and beat the charges. Probably applies to nj.

    Remington Special Purpose Marine Magnum Shotgun 870
    https://www.remingtondefense.com/as.../RemingtonDefense-14in-870P-Marine-Magnum.pdf
     

    Uncle Duke

    Ultimate Member
    MDS Supporter
    Feb 2, 2013
    11,666
    Not Far Enough from the City
    I'm not sure how maryland DNR, state police or CG handle "domicile" but stay out of new york. I recall a story of a yacht owner that developed a problem and was towed into NY waters and the harbor police boarded the vessel and discovered an unregistered shotgun. He was charged with various violations. Since he could afford a yacht he could afford good lawyers and beat the charges. Probably applies to nj.

    Remington Special Purpose Marine Magnum Shotgun 870
    https://www.remingtondefense.com/as.../RemingtonDefense-14in-870P-Marine-Magnum.pdf

    That was most likely auto dealer Jack Antwerpen you're thinking about.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    That is almost similar to my sons situation since he is an over the road truck driver. He reached out to MSP and was told by them, when parked for his breaks or his rest time, it becomes like a home away from home and firearms may be kept inside as long as they comply to fed and md law. When moving they must be unloaded and separate from the ammo. If he does end up using his firearm in a self defense situation inside his cab, he can claim self defense because the truck is treated as his home. Not sure how that would apply to a boat on the water but I would think as long as you are anchored and a self defense situation arises you would be GTG but i am only guessing since i am not a lawyer..
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    Piracy. The laws against piracy SHOULD be all that is necessary to carry arms on a vessel. Just sayin'...

    http://www.bullivant.com/Maritime-Piracy-in-US-Courts


    "The federal statute under which pirates are usually prosecuted, 18 U.S.C. § 1651, provides for piracy to be defined "under the law of nations." The first United States Supreme Court case limited the crime of piracy to robbery on the high seas. Since then, US courts have recognized a broader definition of piracy based on contemporary customary international law. Piracy now includes acts on the high seas other than robbery. In the US courts, it is likely a pirate who does not succeed in his attempt to rob a vessel on the high seas will face the same life imprisonment sentence as one who does."
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,173
    Outside the Gates
    Like an RV or any other vehicle. When its in motion, its the same as a car. Long guns need only be unloaded, hand guns need to be in a case or "secured" in a holster. In vehicles in motion in MD, guns need only be unloaded, ammo DOES NOT NEED TO BE "SEPARATED" - just not in the gun. Separate ammo is federal interstat transport. There is some kind of shotgun restriction regarding dredging operations, I think this may have been a holdover from the oyster wars.
     

    Doctor_M

    Certified Mad Scientist
    MDS Supporter
    I don't know the legal answer, but if you spend the night there (or weeks there) it's your home.

    Sort of. If it has a head and a galley and you are at anchor, it is treated as a residence. If in motion, it is treated as a vehicle (rule of thumb).

    Most boaters I know go with an unloaded long-gun (shot-gun) stowed in the cabin.
     

    Johnconlee

    Ultimate Member
    Mar 8, 2019
    1,149
    Mechanicsville
    I have a similar boat, 36 albin. I do a pump shotgun unloaded until were anchored for the night. The worst part for me is carrying the gun to the boat on a busy saturday at the marina. I think a pistol would be legal while anchored or living aboard but could get funny while moving so I just avoid that whole issue.
     

    Glaron

    Camp pureblood 13R
    BANNED!!!
    MDS Supporter
    Mar 20, 2013
    12,752
    Virginia
    I thought Gunboats were bigger.:innocent0
     

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    K31

    "Part of that Ultra MAGA Crowd"
    MDS Supporter
    Jan 15, 2006
    35,632
    AA county
    I'm so happy to be moving out of MD in 2 months. Coming from AZ all of these BS laws have made my head spin for 2 years.

    Get back to us when all the Cali and Ill-annoy folks finish moving in.
     

    TexasBob

    Another day in Paradise
    MDS Supporter
    Oct 25, 2012
    2,485
    Space Coast
    One of the many reason I Love living in Florida!





    Florida Statute 790.25 addresses lawful ownership, possession, and use of firearms and other weapons, and section 3(h) specifies:
    Anyone "engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition" can openly carry a firearm.
     

    outobie

    Active Member
    Mar 7, 2012
    142
    Annapolis
    lots of good thoughts that echo what I was guessing was the case...I was hoping for a reference to law or actual document. I don't want to be the first to test these ideas...
     

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