|
|
June 17, 2014 |
|
|
|
|
|
Boating With Your Firearms |
|
Dear Florida Members,
Boating and Florida; to many, the two are inseparable.
If you decide to legally carry a firearm on your boat, there are a
number of factors to consider. They range from the legal means of carry,
to the type of firearm carried, and how it is carried.
General Laws Regarding Carrying
Florida law allows any law-abiding citizen age 18 or
older (who is not otherwise prohibited by law from owning a firearm) to
carry a firearm, loaded or unloaded, in their conveyance without a
license, so long as it is securely contained or carried in a manner that
is not readily accessible for immediate use. The term "conveyance"
applies to an automobile, personal aircraft, or boat, or personal water
craft ("PWC"). The phrase "not readily accessible for immediate use"
generally means tucked into a glove box or console (in the case of a
handgun), and/or securely encased in a holster or gun case. The
normally accepted definition of "not readily accessible" is the two
action rule - two separate actions to acquire the firearm. That
basically means one action to open the compartment, and another to
remove the firearm from its holster or case.
If an individual is engaged in legal hunting, fishing
or camping activities from their boat, the "not readily accessible" rule
does not apply; or to put it another way, you may have your firearm
accessible. Additionally, if the boater has a valid Florida Concealed
Weapons Firearms License (or one from a state where reciprocal license
agreements exist), it also does not apply and you can carry a handgun
concealed on your person. Concealed weapon means just that. You can have
it in your possession at all times, loaded and ready.
It is worth noting that one area you cannot carry while
on your boat is seaports. Seaports will provide clear notice of the
prohibition against carrying, and should you choose to ignore the notice
you will have committed a first degree misdemeanor.
Boating Abroad with Your Firearm
These laws apply to Florida and U.S. federal waters. If
you intend to dock in a foreign port you must contact that country's
consulate in advance, and find out what their laws are. Many nations,
including the Bahamas, have stricter firearms laws than ours, and the
consequences of violating them can be severe.
There are no laws that govern firearms on boats in
international waters. The Coast Guard may board your vessel at any time
and perform random searches; when this happens, you must let them know
you are in possession of a firearm. The standard procedure for the Coast
Guard is to document the serial number of any firearm you have on
board.
When boating to other states, keep in mind that state
laws differ, so contact the local law-enforcement agency to find more
information. For those boating to Florida, Capt. Robert Moore of the
Florida Fish and Wildlife Conservation Commission, the top marine
law-enforcement group in Florida, says that in Florida the same firearms
laws apply on land and sea in Florida's coastal zone.
Interacting with Law Enforcement or other Authorities
When a law enforcement officer or Coast Guard personnel
approach your boat, you are well-advised to tell them that you do have
firearms aboard and tell them where they are. You are not required to do
so unless asked, but no law enforcement officer likes to be surprised
by the sudden, and unexpected, appearance of a firearm. This courtesy is
advisable regardless of which navigable water you are in.
"I have dealt with people carrying firearms my entire
professional law-enforcement career and have come to expect it," says
Moore. "But it is important that the responsible person on board let any
officer know the whereabouts of firearms when stopped. It's just a
reasonable effort to ensure that the officer doesn't end up feeling
threatened as a result of a boat operator reaching into the glove or dry
box to retrieve the boat's registration, which is right next to a
holstered handgun. Some folks might justifiably get really anxious about
that time, and it's really easy to casually mention that there is a
firearm on board and where it is located just to keep things at ease."
As you can see, Florida follows a pretty similar set of
rules for carrying firearms while boating as they do for carrying the
firearm on land. We hope this newsletter provides you with a better
understanding of your legal rights and obligations for carrying a
firearm while boating, and if you have any questions about Florida
firearms laws, do not hesitate to contact us.
|
|
|
|
|
Seminar Dates Approaching: Have You Registered? |
|
|
This is a last call to our members for one of our upcoming seminars. There are still seats available at the Home Safety Academy sponsored seminar on June 19th.
This event will be an excellent opportunity to hear from your firearms
program attorneys as well as one of the NRA�s top 10 instructors � David
D�Eugenio. We encourage all of our members to grab a friend on their
way over to the event and help expose them to a firearms environment
where education is a core component. We also welcome all of our
facilities and instructors to attend the event AND BRING THEIR STUDENTS.
If you are a facility and would like to attend, feel free to contact
our Florida Manager Scott Smith.
If you can�t make it on the 19th, don�t worry! We also have an event planned with the Firearms Training Academy in Davie, FL on June 21st. Just give Attorney Ron Anania a call to register for the event � (855)872-2763
You can also find a full list of upcoming events on our website, www.GunLawSeminar.com. We hope to see you at one of these events!
|
|
|
|
|
QuickLinks |
|
|
|
|
U.S. Law Shield 1020 Bay Area Blvd., Suite 220 Houston, TX 77058 |
Telephone: 877-474-7184 Website: www.uslawshield.com
|
|
|
|