[seaslug44]

In the Offshore Forum there has been on on-going debate about whether or not it is necessary to shoot sharks. I don't want to continue that debate here. However, since many members mentioned that they bring pistols out to sea, I just wanted to bring to everyone's attention the Pistol Permit laws in New York state and how they apply to boating...

Unless you are active or retired law enforcement or enlisted in the military, coast guard, or other service, a valid Pistol Permit is required to possess a pistol in New York state.

There are several types of permits that can be secured such as PREMISE, TARGET, HUNTING, and CARRY.

A PREMISE permit allows a citizen to keep a registered permit at their place of residency.

A TARGET permit allows a citizen to transport their pistol to and from a recognized pistol shooting range.

A HUNTING permit allows a citizen who also possesses a valid NYS HUNTING LICENSE to carry a registered pistol while engaging in hunting activities that are permitted by the state hunting laws (for example DEER HUNTING).

A CARRY permit is a special use permit that is issued to citizens who can prove that they have a specific need to be armed outside of their home. For instance, business owners who make large cash deposits, security guards, body guards, politicians, etc...

Here is where it gets complicated...

Statistically, less than 20% of all permits are full "carry" permits. That leaves most of us with premise permits, hunting permits, target permits or a combination of the three. With this in mind, unless you are waterfowl hunting with a pistol during the proper waterfowl hunting season (which I doubt would be legal), it would be unlawful to leave your house and bring a pistol on a boat if you only possess a target, hunting or premise permit.

In addition, if you read the "fine print" that comes with the pistol permit, you'll see that in some Counties it specifically states that it is unlawful to take any of your registered pistols out of New York state without permission. So once you are 3 miles off into the ocean, you've violated the law by leaving New York state (and this applies to all pistol permits, even carry).

I'm not familiar with the rules that govern the various law enforcement agencies. However, I have heard that some agencies have specific rules that prohibit their officers from taking their service weapons outside of New York state. Like I said, I'm not too familiar with those rules. I do know that the media would have a field day if they ever learned that a police officer or a detective was using a firearm that was purchased with our taxpayer money to shoot sharks on the weekends.

 

[sakroc]

What would be the rules regarding licensed shotguns and/or rifles on a boat?

 

[seaslug44]

New York State doesn't have licensing or registering for shotguns and rifles. They leave that option and those rules up to the individual Counties.

Possession of firearms in Federal waters is legal. When the Coast Guard boards a vessel, they always ask whether or not there are any concealed weapons on board. They do this for their own safety. Failure to disclose a concealed weapon to the CG is a serious offense.

 

[620405]

Here's a twist,

It is unlawful to carry a loaded weapon in a motor vehicle,including your boat. A licensed pistol(if full carry)is legal. But a loaded rifle or shotgun and your spending the night. It can be transported unloaded.

 

[sakroc]

HudsonParkBait - Interesting. My family has shotguns and rifles, as we do hunt, so I knew about the car thing, but not that it applied to boats as well. Don't have a boat, so it's moot for me personally. But for others:

Would it be illegal to load the rifle/shotgun for the purpose of shooting the shark, and then unload any unused shells immediately after? Or would just the act of loading the gun at any time in a boat make it illegal?

 

[seaslug44]

Hudsonparkbait,

You are good. That's a great point! I wonder on what levels that law exists. I know here in Suffolk County, it is indeed against the law to have a loaded firearm in a motor vehicle. But is there a Federal law that was recently proposed that bans it too?

 

[FishMonger]

I may be way off base here, but what if your boat is big enough and meets the criteria (tax wise) to be claimed as a second home. I unfortunately do not have a boat like this , but I understand that under certain conditions you can claim your boat. I wonder if the same conditions can be transposed to the gun laws as well......at least within 3 miles of the NY shore line anyway...

 

[618925]

hey fish..why are you so ANTI gun??
anyway ..don't bother answering i really don't care........

BUT if you really want to know how the law applies go to your local COAST GUARD station and ask them.....I DID....a long time ago...i received the information and took the persons name i was talking to (so i had a reference) in case of a discrepancy.and have never had a problem since then wondering what was right or not...it's really easy if you go right to the enforcement agency,this way you learn THE TRUTH about what is permitted and what is NOT....why don't you call the local goast guard and ask them? then post what they say...wouldn't that be a better way of enlightening people than YOU assuming what the interpretation of the law is??

just a suggestion......take it or leave it...

 

[Captneilf]

Hi,

As a party boat capt I see pistols being carried often enough to wish that there was a law preventing this.

I feel there is not a need for a passenger to carry a fire arm on such a vessel.

At the very least the fire arm should be locked up in the wheel house until the vessel is back and tied to the dock and passengers have exited the vessel.

Don't take this to mean I am against fire arms in general.

Capt Neil

 

[sakroc]

those are some fluke!

Capt Neil - Those must be some kind of fluke you're battling on that party boat if people are bringing guns to subdue them.

 

[seaslug44]

Jecaro,

I am not at all anti-gun. As a matter of fact, I am an avid hunter and have a valid pistol license myself. There is nothing wrong using firearms, as long as we keep it legal and keep it safe.

 

[Hunt n' Fish]

It is NOT illegal to take your pistols out of New York State. New York cannot govern what laws another state has. Your NYS pistol licsence may not be valic in another state, but it is not necessarily illegal. Hunters and gun traders/exibitors carry their pistols and other guns through other states all the time. One just has to contact the states that he/she will be traveling through. In Arizona, all you need is a drivers liscence (you only need to be 16) to get a pistol and it is perfectly legal to carry if it is visible.

It IS illegal to shoot waterfowl with lead shot or bullets, so you cannot say you are shooting waterfowl even if it is in season, because all pistol bullets or shot is lead.

It is illegal to carry a loaded long gun throughout NYS. That is state law, enforced by the DEC. Don't even lean a loaded long gun against your vehicle while hunting. It is not illegal to carry a loaded pistol as long as it is properly liscenced.

I have no idea what the laws regarding pistols are in federal waters, but I doubt they are more restrictive than NYS. When I get the chance to talk to my brother I'll ask him. He got out of the coast guard a year ago.

Long guns don't have to be registered in NYS, but do have to be registered in NYC. I also don't know if they can be carried loaded in a moving motorboat. It is illegal to shoot waterfowl from a moving motorized boat, but not illegal as long as the motor is not running in NYS. I'll find out the regs for federal waters with this as well.

 

[621938]

i would shoot em

i would shoot sharks. i got no problem with the concept only i puke alot in the open sea so i stay in hempstead harbor, there ain't no sharks worth wasting the time cleaning the gun after blowing the brains out of the cartledge boned predators

one tip for anyone planning on boating a gun, make sure you get a stainless steel gun so it dont rust

 

[620083]

If you leave NYS with a pistol and have a permit and get caught you will be arrested violating the law. Your NYS license is not valid in another state and other police agencies in that state will enforce the law. notifing another state about bringing your pistol only applies to law enforcement officers. If you transport a pistol across another state line you also violate federal laws.

 

[seaslug44]

Here's the exact quote from the handbook that came with my pistol license. Read it and tell me if it gives permission to take a pistol out on a boat...

"SPORTSMAN - (Target and Hunting) - Firearms may only be transported between your residence and an authorized range, a legal hunting area in New York State and while actually afield hunting. For the purpose of hunting, you are reminded that you must also possess a valid New York State hunting license. Handguns must be carried concealed except when in the field hunting.

A sportsman license will be canceled if you relocate to another state. If you relocate outside the five western towns of Suffolk County but continue to reside in New York State your records can be transferred to the appropriate officer at your new place of residence upon payment of the appropriate transfer fee.

(Note) For the purpose of target shooting and hunting, the Police Commissioner has authorized licensee's to meet for the purpose of car pooling and to stop for non-alcoholic refreshments on the way to and from their shooting destination. You are authorized to do this only during the period upon leaving your residence and arriving at your shooting destination, or during the return trip.

You are not authorized to take your firearm to your workplace, a bar, a bar area in a diner, restaurant or any other location used exclusively for alcoholic consumption.

You are not authorized to conduct any other non-target shooting or hunting activity while in possession of your handgun."

 

[620083]

You can't take your pistol outside NYS with a NYS license and no you should not have a pistol on your boat. What is written down on paper is only what your aloud to do.

 

[620405]

The reason I mentioned that you cannot carry a loaded long gun on a motor vessel is I know a person who was arrested for such a violation.

 

[618925]

it seems only doughboy is looking for the answer to this question....he is going to ask someone who was in the CG what the regs are......i guess he feels as i do..GO TO THE ENFORCEMENT AGENCY and ask them.this way you get the CORRECT answer!!! not a bunch of conjecture from people who have NO idea what the fed regs are.

oh and you are allowed to carry a licensed handgun(licensed in any state) in the state of alaska.they accept any other states license .
oh and one other thing i have carried a gun into massachusettes on a boat after calling the police in the town i was staying in and getting the OK from them.it was in nantucket.i called and spoke to the local police and they told me what to do ,which i did .and all was fine.

it's amazing what you can find out with just a simple phone call to the proper authorities. in this case the CG...

 

[Cpt Dave]

First, a boat is not a "motor vehicle" for purposes of the law, it a vessel. In Massachusttes, as long as your licensed, you can carry a loaded gun on the boat. How else could you hunt water fowl from your boat, by beating them over the head with the gun?

One thing to keep in mind is if your covered by insurance. My charter insurance clearly spells out that my boat is not covered for gun shot damage.

 

[Pelican]

Perhaps I may be of some help in this discussion. As a police officer on Long Island with a good working knowledge of firearm laws I suggest Taking a look at the Environmental Conservation Law (Section 11-0931 sub. 2 (Prohibitions on the Use and Possession of Firearms) "no firearm except a pistol or revolver lawfully possessed by a law enforcement officer or duly licensed pistol holder(CARRY ONLY) shall be carried or possesed inor on a motor vehicle unless it is unloaded in both the chamber and magazine, except while lawfully possessed in a motorboat while hunting migratory game birds." The law is very clear on this, there are no "what ifs" and a person will be arrested and the weapon seized if found to be in violation. Simply put, you may not have a shotgun or rifle loaded at any time while fishing in New York waters or while underway. A target permit or hunting permit does not cut it while on your boat(since you can't be going to the range or hunting on your boat with a handgun. Believe me, I have been involved with numerous incidents while working of this nature. I hope this clears up some of the issues. Also, you can not get to "Federal Water" without passing through N.Y. water of course.e