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Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 22, 2009 5:58 pm
by jj02
I just recently took my CHL class and during this time I had a question for the instructor that unfortunatly he was not able to answer - so here it goes.
We own a sailboat and quite frequently go out to Galveston Bay and anchor out at different places. If we have a gun on our boat and we have our CHL and for whatever reason the Coast Guard decides to board our boat (safety checks, etc), will there be any issues at this time?

The Coast Guard is under Homeland Security so will they recognize our right to carry a concelead weapon or are we dealing with a totally different animal at this point?

Appreciate any input into this matter

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 22, 2009 6:49 pm
by Captain Matt
I never had any trouble with the US Coast Guard in Texas or US coastal waters. I have heard people say COE inland lakes are off limits but I can't get there from here. :lol:

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 22, 2009 7:22 pm
by The Annoyed Man
It shouldn't be a problem, and lots of people with boats carry some kind of firearm on board.

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 22, 2009 11:00 pm
by JackRR
I not sure, but wouldnt this fall under the "castle-doctrine" especially if your at anchor over-night? I wouldnt think you would even need a CHL.

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 22, 2009 11:44 pm
by boomerang
JackRR wrote:I not sure, but wouldnt this fall under the "castle-doctrine" especially if your at anchor over-night?
It's not like there's a lot of room to retreat on most boats.

Re: Do the same laws for CHL apply on recreational boats

Posted: Fri Apr 24, 2009 3:51 pm
by jj02
Thanks,

ya'll have bee most helpful

Re: Do the same laws for CHL apply on recreational boats

Posted: Fri Apr 24, 2009 4:01 pm
by tfrazier
Arrrgh! Be wary of 'dem pirates, matey!
What happens if you venture too far out and are in 'international waters'? Who is in charge of enforcing international law on the high seas and what is recognized as legal weaponry to have on board a private vessel?

I'm just curious, I don't have a boat and couldn't swim that far, but just in case I'm ever shanghaied (sp?) to the middle of the gulf...

Re: Do the same laws for CHL apply on recreational boats

Posted: Tue Apr 28, 2009 8:57 pm
by CDH
This comes up all the time in discussions down here and I have yet to hear a definative answer. Here's my personal take...there is no special legal knowledge here:

I can hunt on all of the coastal waters (duck blind's anyone) so I can have a firearm on my boat. Hunting firearms and handguns are treated differently, though...

It is all state waters until you are over 9 nautical miles out. State laws apply. I have a state CHL license.

Over 9 nautical miles out, federal laws apply to me and my boat on everythign else.

So, according to state law, in the absence of a law precluding me from carrying, my CHL should be valid in state waters.

I don't have a federal license to carry.

So, in reality I expect that it is technically legal to carry in state waters but not in federal waters.

But, in reality I have never NEVER heard of a boater being boarded by the coast guard and even asked about firearms unless they are already boarding you for drugs or other major violation.

Keep your nose clean and you'll be fine...

Just MHO.

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 29, 2009 6:59 am
by Liberty
CDH wrote:This comes up all the time in discussions down here and I have yet to hear a definative answer. Here's my personal take...there is no special legal knowledge here:

I can hunt on all of the coastal waters (duck blind's anyone) so I can have a firearm on my boat. Hunting firearms and handguns are treated differently, though...

It is all state waters until you are over 9 nautical miles out. State laws apply. I have a state CHL license.

Over 9 nautical miles out, federal laws apply to me and my boat on everythign else.

So, according to state law, in the absence of a law precluding me from carrying, my CHL should be valid in state waters.

I don't have a federal license to carry.

So, in reality I expect that it is technically legal to carry in state waters but not in federal waters.

But, in reality I have never NEVER heard of a boater being boarded by the coast guard and even asked about firearms unless they are already boarding you for drugs or other major violation.

Keep your nose clean and you'll be fine...

Just MHO.
The coast guard can and will board to check for safety equipment. They don't care about guns on board as long as they aren't being smuggled or threatening to them.
You can carry all the way out into international waters. When in state controlled waters, state laws apply.

There seems to be some confusion over COE lakes and federal waters. Lakes that fall under the Army Corp of Engineers is not the same as ocean waters. under federal jurisdiction.

I have even sailed with small cannon. I never wore a gun while out because salt really raises havoc with them and prefered to keep one in a zip lock and stowed somewhere convenient.

Re: Do the same laws for CHL apply on recreational boats

Posted: Wed Apr 29, 2009 8:09 am
by tfrazier
Liberty wrote:I never wore a gun while out because salt really raises havoc with them and prefered to keep one in a zip lock and stowed somewhere convenient.
Well, that wouldn't do much good if this thing comes after you!

Image

Re: Do the same laws for CHL apply on recreational boats

Posted: Thu May 07, 2009 1:08 pm
by ls6tt
boomerang wrote:
JackRR wrote:I not sure, but wouldnt this fall under the "castle-doctrine" especially if your at anchor over-night?
It's not like there's a lot of room to retreat on most boats.
dont have to retreat anymore under the castle-doctrine.

And I couldnt see that if your in Texas/US waters your fine

Re: Do the same laws for CHL apply on recreational boats

Posted: Sun Dec 06, 2009 2:22 am
by vincentvan1
It's simple (I was a USCG Boarding Officer) if you are boarded,you should be asked if you have any guns aboard. If you are not then you better make sure you let them know before they start a boarding. In most cases if you are boarded the lead boarding officer will ask you where the weapon is and then make if safe. This is usually done (by the boarding team) by unloading it and separating the ammo from the gun. Pending on the size of the vessel the boarding officer could hold your gun on the USCG vessel till the boarding is done. They WILL GIVE YOUR GUN BACK once the boarding is done. But don't be afraid to ask for it once your boarding is done.

It is a matter of safety for the Coasties and you. They have no interest in your guns. They are there to do routine safety check and make sure you are not smuggling any drugs. They are out there to make sure you and everybody else get back to shore safe. If you carry and get boarded let them know.

Hope that helps.

Re: Do the same laws for CHL apply on recreational boats

Posted: Sun Dec 06, 2009 3:10 am
by chabouk
vincentvan1 wrote:It is a matter of safety for the Coasties and you.
No it's not. I don't doubt that's what the Coasties have been taught and believe, but it's not true.

Retrieving a gun from where it's safely stored, handling it, unloading it, and then the owner reloading it at the end, actually increases the chances of an unintentional discharge. No one is made safer by bringing a gun out of safe storage.

Re: Do the same laws for CHL apply on recreational boats

Posted: Sun Dec 06, 2009 6:21 am
by AEA
:iagree:

Good point that is often overlooked by LEO's of all types who think they know more about guns than the owners (after having qualified once a year with their glock).

Re: Do the same laws for CHL apply on recreational boats

Posted: Sun Dec 06, 2009 12:14 pm
by Abraham
Most recently, there was a post regarding a Game Warden pulling out a CHLer's pistol and in so doing placed his finger on the trigger resulting in shooting a hole into the CHLer's tire flattening it.

If he'd left the pistol where it had been safely stored - no such accident would've been caused...

So, yes bone head errors could easily be avoided if the lawfully owned and stored firearms were left well enough alone.