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bringing a firearm onto a private boat off monterey/half moon bay area

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  • bsumoba
    Veteran Member
    • Sep 2012
    • 4217

    bringing a firearm onto a private boat off monterey/half moon bay area

    So I was curious...I was watching Deadliest Catch last week and the Northwestern got boarded by Coast Guard and was asked if they had any firearms and they had a 30-06 in the captains room.

    Which got me thinking...

    So say I go fishing for Salmon on a private boat. Can I bring a firearm on board and if boarded by Coast Guard or Fish&Game or any LE agency, will I get in trouble?

    And, say I go way out, like 40-60 miles for Albacore...do the same rules apply?
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  • #2
    john67elco
    Veteran Member
    • Mar 2012
    • 3155

    This is a great question. How far out until CA laws don't apply and federal laws do? I saw that same episode and was wanting to see more of that 30-06 he had since 70's
    Originally posted by Gwalker99
    ""Calgunners couldn't wait to start falling all over themselves as to how to best comply""


    half of you here are weak and lame that will basically wind up being happy with .22 single shot pistols or single barrel shotguns..

    sigpic

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    • #3
      goober
      CGN/CGSSA Contributor
      CGN Contributor
      • Sep 2008
      • 4875

      your boat, or somebody else's?
      what kind of firearm?
      do you have an LTC?
      how will you carry it?
      Live between Santa Cruz and SLO? Want to get involved?
      Check out the Central Coast Calguns Community Chapter
      And join the Central Coast Region Social Group!
      sigpic
      NRA Life Member - CRPA Life & Board Member - SAF Life Member - Monterey County Carry Initiative Sponsor
      Statements posted here are the sole opinions of the author and not those
      of CGN, CGF, CRPA, or any other institution or agency unless otherwise noted.

      Comment

      • #4
        goober
        CGN/CGSSA Contributor
        CGN Contributor
        • Sep 2008
        • 4875

        Originally posted by john67elco
        This is a great question. How far out until CA laws don't apply and federal laws do? I saw that same episode and was wanting to see more of that 30-06 he had since 70's
        state waters limit is 3 nautical miles. after that its federal until the 200 nm EEZ limit.
        Live between Santa Cruz and SLO? Want to get involved?
        Check out the Central Coast Calguns Community Chapter
        And join the Central Coast Region Social Group!
        sigpic
        NRA Life Member - CRPA Life & Board Member - SAF Life Member - Monterey County Carry Initiative Sponsor
        Statements posted here are the sole opinions of the author and not those
        of CGN, CGF, CRPA, or any other institution or agency unless otherwise noted.

        Comment

        • #5
          GMG
          Calguns Addict
          • Dec 2008
          • 7974

          Just a question, why would you need a firearm while fishing ?

          By the way I don't think it is illegal unless your in Mexican waters Then the rules change, call the Coast Guard to find out.
          sigpic

          A member of The Tonkin Gulf Yacht Club

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          • #6
            bsumoba
            Veteran Member
            • Sep 2012
            • 4217

            Originally posted by goober
            your boat, or somebody else's?
            what kind of firearm?
            do you have an LTC?
            how will you carry it?
            Boat: Mine
            Firearm: CZ75 9mm
            LTC??? (legal to carry?) No...
            Carry it in a compartment with no mag in it, but a mag next to it loaded...

            Why does this matter? or does it??
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            • #7
              bsumoba
              Veteran Member
              • Sep 2012
              • 4217

              Originally posted by GMG
              Just a question, why would you need a firearm while fishing ?

              By the way I don't think it is illegal unless your in Mexican waters Then the rules change, call the Coast Guard to find out.
              Pirates, some kind of creature like a Mermaid (that is now proven to be real...Discovery Channel said so ) that wants to attack me...LOL, a great white (although this is probably another issue for another topic since its protected...but if its attacking you, can't you claim self defense?
              Visit- www.barrelcool.com
              The Original Chamber Flag and Barrel Cooler in 1
              Instagram: barrelcool_

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              • #8
                goober
                CGN/CGSSA Contributor
                CGN Contributor
                • Sep 2008
                • 4875

                Originally posted by bsumoba
                Boat: Mine
                Firearm: CZ75 9mm
                LTC??? (legal to carry?) No...
                Carry it in a compartment with no mag in it, but a mag next to it loaded...

                Why does this matter? or does it??
                Whether or not you can carry a firearm and in what manner depends on several factors, among them:
                where you are
                whether the firearm is concealable
                whether you have a License To Carry (LTC)

                if it is your boat, and you are fishing in state waters (with a valid fishing license), you can carry your CZ75 concealed (12027(g) PC),
                if you have an LTC you can carry concealed regardless of whether you are fishing.
                if you are not fishing, or do not have a fishing license, you must follow the usual rules for transporting a concealable firearm (locked case, unloaded. loaded mag can be in same container but not in magwell).

                outside state waters, federal law prevails, and i believe (but am not sure) that you can carry in any manner, loaded or not.

                if it's not your boat, then legality notwithstanding, the captain makes the rules. if the vessel is a commercial transport (ferry, cruise ship, etc.), special laws probably apply (i don't know).

                anybody that knows better please correct me.
                Last edited by goober; 05-04-2013, 8:26 PM.
                Live between Santa Cruz and SLO? Want to get involved?
                Check out the Central Coast Calguns Community Chapter
                And join the Central Coast Region Social Group!
                sigpic
                NRA Life Member - CRPA Life & Board Member - SAF Life Member - Monterey County Carry Initiative Sponsor
                Statements posted here are the sole opinions of the author and not those
                of CGN, CGF, CRPA, or any other institution or agency unless otherwise noted.

                Comment

                • #9
                  gblacksmith
                  Member
                  • Feb 2013
                  • 149

                  State waters out to three miles

                  Federal EEZ to 200, but that is for enforcing fisheries law

                  12 - 50 miles out, customs constructive presence zone, enforcement of customs law (commerce) only

                  You are in international waters for nav. purposes once you cross the COLREGS demarcation line.

                  Coast Guard will ALWAYS ask if there are guns aboard....not to seize (no authority), but to promote officer safety in situation where NO backup is usually available, esp. in international waters

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                  • #10
                    Zenja
                    Banned
                    • Apr 2013
                    • 475

                    Where did we ever get to the point we needed a special reason to have a gun in our own boat

                    Comment

                    • #11
                      ad_astra
                      Junior Member
                      • Oct 2012
                      • 4

                      3 miles for state, but you might find some weird rules when there are islands or large bays involved. For instance, the entire lower Chesapeake still counts as Virginia even though there are sections that are 3 miles from any shore.

                      Regarding federal laws, they're still applicable to you if you're a us citizen and/or operating on a US-flagged vessel. You're still bound by the rules of your own country even if you're in so called "international waters." See for instance, this case, where the boat was closer to Cuba than the USA, but the US still had jurisdiction because it was a US boat and people involved.

                      In terms of firearms, I can't think of any scenario in which the lack of state jurisdiction could be advantageous given that you have to come from a state to get to said waters. It can work to your disadvantage if you sail from one state with weaker laws to one with stronger laws......

                      Comment

                      • #12
                        cal3gunner
                        Senior Member
                        • Jun 2008
                        • 1629

                        ...
                        Last edited by cal3gunner; 09-10-2013, 8:07 AM.

                        Comment

                        • #13
                          wweigle
                          Senior Member
                          • Feb 2012
                          • 803

                          Another issue, which I just bring up as part of the discussion. I believe boats with sleeping quarters are/can be treated as temporary domiciles, where you can posses a loaded gun just like your home. It least I believe that is how it use to be when I owned a 30 foot boat in the delta, with standard equipment including a loaded shotgun in the V birth.

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                          • #14
                            turinreza
                            Senior Member
                            • Feb 2007
                            • 1161

                            Originally posted by GMG
                            Just a question, why would you need a firearm while fishing ?
                            just in case: To shoot the scuba tank in the great white shark's mouth of course.

                            Comment

                            • #15
                              Falstaff
                              Senior Member
                              • Mar 2010
                              • 2317

                              If you have a fishing license; you're golden...

                              12027g is your friend, you can carry LOADED and concealed while fishing and unloaded concealed on the way to or from " a fishing expedition" whether the "to and from" covers driving to the dock where your boat is, no one knows fer sure...

                              BTW- its not uncommon to see handguns used to dispatch hooked dangerous fish before dragging them over the gunwhale....

                              Otherwise, and I'm guessing here, I would assume the same regulations that apply to transport via automobile apply to watercraft?

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