Firearms on boats

I use to fall under HR218 (LEOSA) but left at the end of 2010 so no longer applies to me. And I didn't retire so still doesn't apply...lol. But yeah there was a PA State Constable that was picked up in NY shortly after HR218 went into effect and spent the weekend in jail until they could get ahold of PCCD (Pennsylvania Commission on Crime and Delinquency) on Monday morning to verify he was eligible under HR218. I only know he was released and not charged, not sure if there was any legal action against NY over it.
Wow! You would think he would get the benefit of the doubt and they would just take his gun until he was verified. Not only that, why would it take so long to verify? The thing is, if you sue NY you have to get in line. Then there’s Dillons rule to get around.
 
How about this one... You have a CCW in PA and boat on the Delaware River which separates both PA and NJ.

Now what??
 
I'm also a retired LEO so covered under the LEOSA laws. In theory I'm able to carry in every state but I certainly would avoid NY and NJ.

Them right coasters don't go no sense of huma when it comes to guns.

I've also been shot at (guy had a 12guage) so I know what that feels like. I introduced him to my "One and Done" program. That put a quick end to whatever it was he had in mind.
 
I have a conceal carry permit in Wisconsin and I cannot carry in any of my bordering states. Mn,Ill or Mich. I was boarded once by the coast guard on Lake Michigan. The first thing they asked was if I have firearms on board. (I didn’t which is rare) they were very friendly and professional. I never felt like I was being interrogated.

Michigan doesn't recognize WI's permit? They recognize INs and I carry there regularly, including on the boat!
 
Wow! You would think he would get the benefit of the doubt and they would just take his gun until he was verified. Not only that, why would it take so long to verify? The thing is, if you sue NY you have to get in line. Then there’s Dillons rule to get around.
PCCD was closed on the weekends so they could not contact them until Monday morning. Constables in PA fall under a gray area. They are sworn law enforcement that can enforce laws (except traffic). Most constables get elected and only sit at the polls twice a year and do not go through any training. Many go through PA Act 44 and firearms training and carry professional liability insurance but are considered independent contractors so that is where the gray area is. I was a constable for 6 years and served warrants, transported prisoners, and also enforced civil litigation. We received an ID card from PCCD indicating that we were Act 44 certified, firearms certified, and insured. Most of my work was for the local magistrates and I had statewide jurisdiction. Our firearms training was through the PA State Police firearms instructors. Some police departments didn't like us because we took work from them. Our local magistrate used to give all criminal warrants to the PD and they got OT for them. Once we got a couple of respectable constables then he started giving us the warrants and the PD lost OT so some gave us a hard time. I was even told by our local Lt one day that if we needed any backup they would be sure to take their time getting there. Some departments loved us because we helped them at no cost to their departments. I went out on several occasions helping our department when they were searching for a suspect and even one case of a missing elderly man. Other occasions were sobriety checkpoints. If they stopped a sober driver that had a warrant we would transport them to the jail freeing them up to continue their checkpoint and we got paid for executing the warrant. The problem is constables don't perform the same functions in every state. No idea what they do in NY but if they either ran into a dept that didn't like constables or maybe constables in NY aren't authorized to carry firearms? Dunno?
 
"Other occasions were sobriety checkpoints." One of the most unconstitutional stops in the US that have become all too common.
I fell under LEOSA for ten years. I took an administrative job at the Hq of my current agency that pays a lot more. Although still law enforcement, I don't fall under LEOSA. I really miss falling under it. It made things so much easier... The left has made it so difficult that no matter how much you try to stay legal, you really can't. You are somehow breaking a law no matter what you do.
 
I'm also a retired LEO so covered under the LEOSA laws. In theory I'm able to carry in every state but I certainly would avoid NY and NJ.

Them right coasters don't go no sense of huma when it comes to guns.

I've also been shot at (guy had a 12guage) so I know what that feels like. I introduced him to my "One and Done" program. That put a quick end to whatever it was he had in mind.

funny as NY cops we where always told to avoid a few states as they hate NY cops.
 
Generally, individual state laws apply. If you get a Florida CCW permit (resident or non-resident) (as an example), it will significantly expand your ability to legally possess and transport firearms, state-to-state. However, not all states recognize all other state CCW permits. Several east coast blue states will not recognize another state's CCW permit.(Florida's permit is recognized by 30 states and the permit can be issued to non-residents and is valid for 7 years. Initial application and renewal is conducted through the mail - you apply online.

In addition, many states recognize an RV, boat, tent, as a temporary residence and will allow you to possess a firearm within the confines of your temporary residence. This can also include hotel rooms, depending on prevailing law. Unfortunately, US gun laws are a patchwork of do's and don't's and vary from state-to-state - with even more restrictions in some local jurisdictions, e.g. NYC & Washington DC.

Do your homework before packing a gun. The NRA Web site is probably one of the better sources for an outline of US gun carry laws, by state. There are other Web sites that offer gun law information, but I have found that some of the other sites contain incorrect/outdated information. You might also touch base with your local Coast Guard office or check their Web site.
 
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Wow! You would think he would get the benefit of the doubt and they would just take his gun until he was verified. Not only that, why would it take so long to verify? The thing is, if you sue NY you have to get in line. Then there’s Dillons rule to get around.
Just a word to the wise. An alarming number of law enforcement officers in the US, are not up-to-speed on various gun laws, state and federal. If it were me, I'd print a copy of the actual applicable state gun laws, where you anticipate you will be visiting. If they think you're in violation, they won't believe anything you tell them. They need to see it printed with the official state seal and with all the code numbers etc. Even then, you might have to ask for a supervisor to get involved.
 
Just a word to the wise. An alarming number of law enforcement officers in the US, are not up-to-speed on various gun laws, state and federal.

More than just gun laws. Rural LE and judges don’t know more than they do about the law. Ask me how I know.

Lots of cracks here about gun laws in New York. I would have to think long and hard to come up with someone that I know who doesn’t own guns and 80% of them own and/or carry hand guns.

Same with the tax myth. My taxes are obscenely low and have barely gone up in the 17 years I’ve lived here.

NYC and Long Island are different but just a sliver of the state from the standpoint of geography.
 
More than just gun laws. Rural LE and judges don’t know more than they do about the law. Ask me how I know.

Lots of cracks here about gun laws in New York. I would have to think long and hard to come up with someone that I know who doesn’t own guns and 80% of them own and/or carry hand guns.

Same with the tax myth. My taxes are obscenely low and have barely gone up in the 17 years I’ve lived here.

NYC and Long Island are different but just a sliver of the state from the standpoint of geography.

Understand but like the Delaware River example, boating on Long Island Sound, New York Harbor, and a good portion of the Hudson River are problematic.

As to USCG it is primarily for boarding party safety. Been many years and times have changed but when I served I was a boarding officer. We were never concerned with trying to enforce local firearms regulations.
 
"Other occasions were sobriety checkpoints." One of the most unconstitutional stops in the US that have become all too common.
I fell under LEOSA for ten years. I took an administrative job at the Hq of my current agency that pays a lot more. Although still law enforcement, I don't fall under LEOSA. I really miss falling under it. It made things so much easier... The left has made it so difficult that no matter how much you try to stay legal, you really can't. You are somehow breaking a law no matter what you do.
Yep - and everyone should also be mindful that some states have placed restrictions on magazine capacity and even bullet type. (I believe NJ has outlawed hollow point bullets?) Again, it would be wise to map-out your intended trip/destinations and go online and make a file of all the applicable individual state gun carry/possession laws.
 
How about this one... You have a CCW in PA and boat on the Delaware River which separates both PA and NJ.

Now what??
The CCW only matters when you are carrying concealed on your person. When in doubt, unload your gun and lock it in an approved transport case. Check the federal "Peaceable Journey" statute and/or contact a marine oriented law enforcement agency in the jurisdiction where your will be cruising.

Firearms Owners Protection Act of 1986 aka “The Peaceable Journey Law”
This act allows a person to transport a firearm through states in which he or she does not hold a valid permit, as long as he or she may lawfully carry (whether by permit, constitutional carry, etc.) in the state of origin as well as the destination. The owner of the firearm must be in transit and not stay in the state where possession would be illegal. Furthermore, the firearm must be unloaded and contained in a locked box or out of the driver’s reach, unless state law allows otherwise. In some states, the drivers must pass through the state without stopping, and in others only short stops are tolerated. Consult the USCCA’s Concealed Carry Reciprocity and Gun Law Map to determine what laws apply to you for every state along your route.

The act does not allow the owner to use his or her firearm for defense during transit.

Fed Interstate 18 USC § 926A — Vehicle carry unloaded and secured
These sections of the code were intended to protect the passage of travelers (who can legally possess a firearm) to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm. The firearm must be unloaded, and neither the firearm nor any ammunition can be readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

https://www.h2oyacht.co/maritime-laws-and-the-possession-of-firearms-on-boats/
 
I'm also a retired LEO so covered under the LEOSA laws. In theory I'm able to carry in every state but I certainly would avoid NY and NJ.

Them right coasters don't go no sense of huma when it comes to guns.

I've also been shot at (guy had a 12guage) so I know what that feels like. I introduced him to my "One and Done" program. That put a quick end to whatever it was he had in mind.

In NYS...even the cops can't legally carry unless on duty. I know...A friend who is a cop had to get his pistol permit to carry outside of working hours.
 
I have a conceal carry permit in Wisconsin and I cannot carry in any of my bordering states. Mn,Ill or Mich. I was boarded once by the coast guard on Lake Michigan. The first thing they asked was if I have firearms on board. (I didn’t which is rare) they were very friendly and professional. I never felt like I was being interrogated.

You absolutely CAN carry in Michigan.
I think since about 2011.
 
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In NYS...even the cops can't legally carry unless on duty. I know...A friend who is a cop had to get his pistol permit to carry outside of working hours.

Not true for people who qualify as “Police Officers” in the NYS Criminal Procedure Law.
I’ve been carrying for about 40 years now inside NYS (and around the Country in more recent years under the LEOSA) first as a “Police Officer” with no permit required, and now as a “Retired Police Officer” with a permit.
If your friend needs a permit to carry while off duty in NYS then he is probably a “Peace Officer” in NYS, not a “Police Officer” as described in the CPL despite what it may say on his car or patch, or he was a “Police Officer” who is now retired.
There is a big difference between “Police Officers” and “Peace Officers” in NYS.
The short and simple way to explain it is that a “Police Officer” as defined in the NYS CPL is a “Police Officer” with arrest powers 24/7 anywhere in NYS. “Peace Officers” generally only have that “Police” authority while at work in a specific location. Some examples of “Peace Officers” might be some Campus Police, certain Mental Health Police, some Bridge & Tunnel Police, certain Juvenile Detention Police, etc..
Retired “Police Officers” as defined in the NYS CPL who retire in good standing need a carry permit in NYS, but their permit is stamped “Retired Police Officer” and is good anywhere in NYS including NYC.
Retired Peace Officers are not afforded this benefit. Their permit, if they have one, will likely restrict them to carrying in the County that issues it.
In fact: active “Police Officers” from anywhere in the United States are permitted to carry anywhere in the United States, except certain properties that have the right to deny off duty personnel the ability to carry on their property in certain circumstances (as GFC indicated).
Retired “Police Officers” have the same ability to carry all over the country as long as they re-qualify in a suitable place with the caliber weapon they are carrying within the previous year.
 
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