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So I'm interested to hear peoples opinion as to if it is legal to take a gun you own legally to a boat you own legally. And keep it on said boat while you are in the NJ state line and crossing to other states.

I believe that according to the law it is clear that you can have your legally owned weapon in your home, a second home owned by you and your place of business. What about a boat?

Boats that have a bedroom, restroom and a kitchen are recognized as homes to the point where you can get mortgages and declare the interest on those as part of your tax return, those that also apply to the gun issue, meaning if you want to spend a night on your boat you can have your gun legally somewhere on it like you would at your home?

 

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15 minutes ago, El Jefe said:

So I'm interested to hear peoples opinion as to if it is legal to take a gun you own legally to a boat you own legally. And keep it on said boat while you are in the NJ state line and crossing to other states.

I believe that according to the law it is clear that you can have your legally owned weapon in your home, a second home owned by you and your place of business. What about a boat?

Boats that have a bedroom, restroom and a kitchen are recognized as homes to the point where you can get mortgages and declare the interest on those as part of your tax return, those that also apply to the gun issue, meaning if you want to spend a night on your boat you can have your gun legally somewhere on it like you would at your home?

 

good question. Not sure there is a definite answer to this. The boat would have to be considered a home, and I'm not sure if there is a specific process for that or not. Nj does has floating boat communities, at least one I know of.

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My understanding is you can have a gun on a boat, friends of mine who fish offshore always have one as piracy can be an issue. My understanding is gun must be transported in same manner as state law once you hit international waters you may carry and if you enter waters of other countries you must adhere to their firearms laws.

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Not 100% sure on the legality of handguns but every large boat I've been on or worked on always had a 12g shotgun and usually a semi auto rifle too. I've used a 12g many times to kill tuna, mako and swordfish before bringing them aboard. Semi auto rifles were always there for priate defense.  If you have a FID I don't see any reason one can't have a unloaded long gun aboard. If your traveling interstate you would have to follow interstate transportation procedures. 

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9 hours ago, Old Glock guy said:

I’m kind of surprised no one else has mentioned this yet, but of course guns are allowed on boats. How else are you going to lose them in a boating accident?  

This!

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On 6/20/2020 at 9:14 PM, El Jefe said:

So I'm interested to hear peoples opinion as to if it is legal to take a gun you own legally to a boat you own legally. And keep it on said boat while you are in the NJ state line and crossing to other states.

I believe that according to the law it is clear that you can have your legally owned weapon in your home, a second home owned by you and your place of business. What about a boat?

Boats that have a bedroom, restroom and a kitchen are recognized as homes to the point where you can get mortgages and declare the interest on those as part of your tax return, those that also apply to the gun issue, meaning if you want to spend a night on your boat you can have your gun legally somewhere on it like you would at your home?

 

Opinions don't matter.  Law matters.  Interpretations of law often matter MORE than the actual laws do.

When the NJSP Marine Division sees you with a joint between your lips or a beer in your hands while driving your boat, your question will be answered...

Several years ago there was a similar thread and I believe @GRIZ may have had some answers back then.

~R

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2 hours ago, Smokin .50 said:

Opinions don't matter.  Law matters.  Interpretations of law often matter MORE than the actual laws do.

When the NJSP Marine Division sees you with a joint between your lips or a beer in your hands while driving your boat, your question will be answered...

Several years ago there was a similar thread and I believe @GRIZ may have had some answers back then.

~R

Not an easy answer to this question.  There have been changes in the laws since I used to do this.  I will make it clear what is history and what is still applicable.

Don't believe that because you have living facilities on your boat makes it your "home" unless you truly live on it.  Most states look at boats, campers, rvs, and motor homes as vehicles when they're moving and homes when they're stopped, tied up, hooked to shore power, etc.

Now who's enforcing the law.

The US Coast Guard has the broadest authority.  They can board a US vessel anywhere in the world for a safety and document check.  If they have suspicion you've been out of the US they can do a complete Customs search.  No PC or warrant required.  They can board foreign flag vessels anywhere with permission of the country they're reqistered in.  USCG can board any vessel for various reasons out to 200 miles out.

Customs and Border Protection, Marine Division can board your vessel out to 24 miles at sea and on any waterways that have access to the ocean for a safety and document check.  They can board your boat if you're on the Delaware by the I80 bridge.  If they think you've arrived from foreign or had contact with a foreign flag vessel they can do a complete Customs search. Once again no warrant needed.

Most state LE agencies, including NJSP, allow boardings for document and safety check.  I believe this also applies to local LE.  Some NJSP were cross-designated as Customs Officers but I dont know if this is still true.

Things get more complicated with state boundaries.  Say you're in VA and going to find in the Potomac between VA and MD.  You're open carrying (legal in VA) and launch your boat from VA.  You don't go more than 50' from the VA shoreline.  Think you're okay?

NO! MD's boundary with VA along the Potomac is the low water mark on the VA side. The boundary doesn't go down the middle of the river as most do.  So you can get arrested by MD LE.

Federal agencies are not out there to enforce state laws.  No Federal law about keeping a gun on your boat that I know of.  However, if Feds find you in violation of a state law they can make a referral to a state agency.  I know of an incident a few years ago where a guy was bringing his yacht down the East River.  He was boarded by USCG and they found a handgun on the guys boat.  He was arrested and charged by NYPD.

I know this doesn't answer the question but gives you something to think about. One other thing.  If you're boarded by any LE agency the first question you'll be asked is if you have any weapons on board.  That includes spearguns, crossbows, or anything else.  Now you may take the 5th but if you decline to answer or lie that will only make the LEO think what else you're hiding.

LE agencies don't need a reason to board you.  Just the fact you're on the water is reason enough.  What happens after that depends.

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48 minutes ago, GRIZ said:

Not an easy answer to this question.  There have been changes in the laws since I used to do this.  I will make it clear what is history and what is still applicable.

Don't believe that because you have living facilities on your boat makes it your "home" unless you truly live on it.  Most states look at boats, campers, rvs, and motor homes as vehicles when they're moving and homes when they're stopped, tied up, hooked to shore power, etc.

Now who's enforcing the law.

The US Coast Guard has the broadest authority.  They can board a US vessel anywhere in the world for a safety and document check.  If they have suspicion you've been out of the US they can do a complete Customs search.  No PC or warrant required.  They can board foreign flag vessels anywhere with permission of the country they're reqistered in.  USCG can board any vessel for various reasons out to 200 miles out.

Customs and Border Protection, Marine Division can board your vessel out to 24 miles at sea and on any waterways that have access to the ocean for a safety and document check.  They can board your boat if you're on the Delaware by the I80 bridge.  If they think you've arrived from foreign or had contact with a foreign flag vessel they can do a complete Customs search. Once again no warrant needed.

Most state LE agencies, including NJSP, allow boardings for document and safety check.  I believe this also applies to local LE.  Some NJSP were cross-designated as Customs Officers but I dont know if this is still true.

Things get more complicated with state boundaries.  Say you're in VA and going to find in the Potomac between VA and MD.  You're open carrying (legal in VA) and launch your boat from VA.  You don't go more than 50' from the VA shoreline.  Think you're okay?

NO! MD's boundary with VA along the Potomac is the low water mark on the VA side. The boundary doesn't go down the middle of the river as most do.  So you can get arrested by MD LE.

Federal agencies are not out there to enforce state laws.  No Federal law about keeping a gun on your boat that I know of.  However, if Feds find you in violation of a state law they can make a referral to a state agency.  I know of an incident a few years ago where a guy was bringing his yacht down the East River.  He was boarded by USCG and they found a handgun on the guys boat.  He was arrested and charged by NYPD.

I know this doesn't answer the question but gives you something to think about. One other thing.  If you're boarded by any LE agency the first question you'll be asked is if you have any weapons on board.  That includes spearguns, crossbows, or anything else.  Now you may take the 5th but if you decline to answer or lie that will only make the LEO think what else you're hiding.

LE agencies don't need a reason to board you.  Just the fact you're on the water is reason enough.  What happens after that depends.

Uncle is wealth of knowledge 

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This actually came up on a Pennsylvania gun forum a few years ago regarding the Delaware river.  Apparently some 200 years ago Pennsylvania and New Jersey created an agreement that either state can police the waters of the Delaware River.  Can one probably safely carry as a Pennsylvania is resident on the Pennsylvania side?...... probably.

Keep in mind that different states have different definitions for "abode."  In some states RVs are considered residencies.  I am not sure if this can be applied to a house boat.

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21 hours ago, GRIZ said:

Not an easy answer to this question.  There have been changes in the laws since I used to do this.  I will make it clear what is history and what is still applicable.

Don't believe that because you have living facilities on your boat makes it your "home" unless you truly live on it.  Most states look at boats, campers, rvs, and motor homes as vehicles when they're moving and homes when they're stopped, tied up, hooked to shore power, etc.

Now who's enforcing the law.

The US Coast Guard has the broadest authority.  They can board a US vessel anywhere in the world for a safety and document check.  If they have suspicion you've been out of the US they can do a complete Customs search.  No PC or warrant required.  They can board foreign flag vessels anywhere with permission of the country they're reqistered in.  USCG can board any vessel for various reasons out to 200 miles out.

Customs and Border Protection, Marine Division can board your vessel out to 24 miles at sea and on any waterways that have access to the ocean for a safety and document check.  They can board your boat if you're on the Delaware by the I80 bridge.  If they think you've arrived from foreign or had contact with a foreign flag vessel they can do a complete Customs search. Once again no warrant needed.

Most state LE agencies, including NJSP, allow boardings for document and safety check.  I believe this also applies to local LE.  Some NJSP were cross-designated as Customs Officers but I dont know if this is still true.

Things get more complicated with state boundaries.  Say you're in VA and going to find in the Potomac between VA and MD.  You're open carrying (legal in VA) and launch your boat from VA.  You don't go more than 50' from the VA shoreline.  Think you're okay?

NO! MD's boundary with VA along the Potomac is the low water mark on the VA side. The boundary doesn't go down the middle of the river as most do.  So you can get arrested by MD LE.

Federal agencies are not out there to enforce state laws.  No Federal law about keeping a gun on your boat that I know of.  However, if Feds find you in violation of a state law they can make a referral to a state agency.  I know of an incident a few years ago where a guy was bringing his yacht down the East River.  He was boarded by USCG and they found a handgun on the guys boat.  He was arrested and charged by NYPD.

I know this doesn't answer the question but gives you something to think about. One other thing.  If you're boarded by any LE agency the first question you'll be asked is if you have any weapons on board.  That includes spearguns, crossbows, or anything else.  Now you may take the 5th but if you decline to answer or lie that will only make the LEO think what else you're hiding.

LE agencies don't need a reason to board you.  Just the fact you're on the water is reason enough.  What happens after that depends.

Thank you sir!

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1 hour ago, El Jefe said:

Thank you sir!

Now for an opinion but IANAL.

Don't take a handgun on your boat unless you can already carry.  If you're a cop, have a carry permit, or covered under LEOSA you'd be fine in NJ waters.

If you have an FID you can carry an unloaded long gun in NJ.  Some people with an FID keep an unloaded long gun in their car.  I would think the same would apply to carrying one on your boat.  At least in NJ.

When I worked in South Florida in the early 80s doing a lot of hoardings the first question I'd ask the captain was,  "do you have any weapons aboard".  If they said no I became suspucious.  But that was almost 40 years ago and a different place.

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20 hours ago, GRIZ said:

Now for an opinion but IANAL.

Don't take a handgun on your boat unless you can already carry.  If you're a cop, have a carry permit, or covered under LEOSA you'd be fine in NJ waters.

If you have an FID you can carry an unloaded long gun in NJ.  Some people with an FID keep an unloaded long gun in their car.  I would think the same would apply to carrying one on your boat.  At least in NJ.

When I worked in South Florida in the early 80s doing a lot of hoardings the first question I'd ask the captain was,  "do you have any weapons aboard".  If they said no I became suspucious.  But that was almost 40 years ago and a different place.

Thanks for answering my tag @GRIZ .  Now more people KNOW which way is UP :) 

Take care & hope to shoot sometime with you!

Rosey

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20 hours ago, GRIZ said:

 

When I worked in South Florida in the early 80s doing a lot of hoardings the first question I'd ask the captain was,  "do you have any weapons aboard".  If they said no I became suspucious.  But that was almost 40 years ago and a different place.

I've been on boats boarded in NJ and FL as well as international water and that was always the first question they asked. They would just open the compartment, see the gun cases were there and that was it. 

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I remember gettin stopped on the Delaware by that ultra high tech njsp yaht once. They didn’t board, but I was in one of those inflatable k-mart rafts. Was fishing in about 3 feet of water, just off shore of the camp ground at the water gap. Had my licenses, had my vest and whistle, he got visually upset there were no tickets to give out. I had a toy trolling motor ran on a 6v lantern battery on the floor, in case I got stuck in  the tide. Made me walk it back to shore, said it has to be registered to use it. Then he cranked up his twin engines and yahted off to get the next tourist. 

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On 6/23/2020 at 1:49 PM, GRIZ said:

Now for an opinion but IANAL.

Don't take a handgun on your boat unless you can already carry.  If you're a cop, have a carry permit, or covered under LEOSA you'd be fine in NJ waters.

If you have an FID you can carry an unloaded long gun in NJ.  Some people with an FID keep an unloaded long gun in their car.  I would think the same would apply to carrying one on your boat.  At least in NJ.

When I worked in South Florida in the early 80s doing a lot of hoardings the first question I'd ask the captain was,  "do you have any weapons aboard".  If they said no I became suspucious.  But that was almost 40 years ago and a different place.

I can certainly take my long gun, or maybe my Non NFA AR, to avoid having to take my hand gun. 

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3 hours ago, El Jefe said:

I can certainly take my long gun, or maybe my Non NFA AR, to avoid having to take my hand gun. 

Long gun yes in NJ with a FPID.  If you intend on going in other state's waters check their laws.

Your non-NFA AR I'm not sure about.  It is a "firearm".  Check the statute.  If the statute says "rifle or shotgun" I wouldn't in NJ.  Also check other state statutes wherever you're going.

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2 hours ago, Downtownv said:

I always thought when the fishing sucked, the bells on the buoys were for target practice.

Weird.  Autocorrect apparently changed 'gulls' to 'bells'.

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20 hours ago, GRIZ said:

@SW9racer he made you take it out of the water because it was an unregistered power boat with the little trolling motor.  If you rowing, paddling or sailing it you'd have been okay.

I am just a bad story teller. The motor was not mounted nor installed. The inflatable had no place to mount one. It was in its box in the boat, my plan was to hand-hold it if needed. The box was not even visible. The point was he was looking for revenue. How does this pertain?  If someone starts poking around, you are at their mercy if they tow your boat and you can sort it out later at your expense.  Register your boat in PA.

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23 hours ago, SW9racer said:

Made me walk it back to shore, said it has to be registered to use it. Then he cranked up his twin engines and yahted off to get the next tourist. 

I'm glad this hero was able to intervene. I bet everyone felt safer that day.

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13 minutes ago, Handyman said:

I'm glad this hero was able to intervene. I bet everyone felt safer that day.

Indeed.   Good thing it wasn't hot enough that SW9racer brought a handheld fan, he'd have been cited for operating an unregistered airboat.

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I dont know the NJ case but  who will check the international waters  if you have a gun?

 

" If you are in Florida waters and you have a gun license in Florida, you are good to go. If you cross into International Waters, that very same gun is now illegal to have on your boat."

Keep one aboard, shut up and don't be a jerk

 

I Remember a fl guy was asked by the state police if he has a gun aborad while in NJ waters. He answer yes and they arrested him. Later they let him go "because he didn't know the law "

 

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