Keeping a gun on my boat while I stay on it?

What are the laws pertaining to this? I'd like to keep a firearm on my boat while fishing and sleeping on it. I'd take it home when I leave, but what can I bring with me while on the water?

I won't be going to the ocean, just the bay and the surrounding rivers.

Your boat,your gun...

Keep ammo separate from cased gun. There is a DNR opinion , not binding, on the issue. Handguns are problematic in Md, generally.

Take your least favored, it seems a lot of MDS members have lost their firearms in boating accidents.

cowboy321 said:

Keep ammo separate from cased gun. There is a DNR opinion , not binding, on the issue. Handguns are problematic in Md, generally.

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I wouldn't be bringing a handgun. It would be an unregulated long gun.

A gun on a boat is transported like in a car ...if your boat has a "kitchen" area then while docked the boat is considered your home and can be out as if in your regular house.....i also have a boat and looked this up ..ill see if i can find where i saw it but thats the very short version

I do custom work on boats and have seen and discussed many firearms onboard. The question has never been can I but "which one"! Many of these travel to the islands and each owner has done research and feels the need for protection. I hear questions like do I want a noisy gun to scare others away? Do I want a gun to disable there motor? Do I want a gun to damage their hull? Do I want something if they get onboard? My answer, of course, one of each. Have seen many mini 14's and Saiga 12's and rarely a handgun. None have ever mentioned laws.

noidea01 said:

A gun on a boat is transported like in a car ...if your boat has a "kitchen" area then while docked the boat is considered your home and can be out as if in your regular house.....i also have a boat and looked this up ..ill see if i can find where i saw it but thats the very short version

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My understanding (IANAL) is that unregulated long guns (and yes I know that is an oxymoron these days in MD) should be OK. Someone mentioned that if your boat has a galley and you are at anchor or docked you can consider it a residence... I think it must also have a head for it to be considered a residence. When not anchored or docked, or if no galley/head, it is considered a vehicle and subject to the same transport restrictions as a car (i.e. no handguns unless you are transporting per one of the approved reasons... gunsmith, bonafide shooting event...). Firearms are still an approved emergency signaling device per USCG. Personally, I would make sure that you have clean paperwork on any long gun you brought with you (i.e. one that went through a dealer and not one you purchased through face-to-face or through inheritance), just in case you get boarded and they do a SN check. Remember that the USCG can board at anytime for any reason to do a safety check. I believe that State Police and DNR still need probable cause or your permission to board (someone can correct me if I'm wrong about that). Keep cased and ammo separate and you should be OK.

Happy boating.

A while back I started a thread about this and got no definitive answer.
So I wrote to the DNR, I wrote again, then I wrote again.
This morning I wrote to my district 42 representative and posed the question to her. She must have contacted the DNR as I received this reply.
The whole correspondence is included below.

Dear Mr. redacted:

You are accurate in your assessment of Maryland law regarding firearms on vessels. As long as you possess documentation that the firearm is legal (and I am assuming that it is a handgun) and you separate the unloaded firearm from the ammunition you should not have a problem. However, if you are boarded by a Maryland Natural Resources Police officer I suggest that you inform them that you have a firearm onboard so it is not a surprise and they know what to expect.

Thank you for writing to inquire about the legal requirements for having firearms onboard recreational vessels and boat safely on Maryland waterways.

Captain Davis
Captain Robert W. Davis
Adjutant to the Superintendent
Maryland Natural Resources Police
Tawes State Office Building E-3
580 Taylor Avenue
Annapolis, Maryland 21401
e-mail: rdavis@dnr.state.md.us
Office - 410-260-8841
Cell - 443-790-8034
Fax: 410-260-8878


From:
Sent: Tuesday, May 10, 2011 11:28 AM
To: Aumann, Susan Delegate
Subject: guns on boats in MD

Dear Ms. Aumann,

I have sent the following to the MD DNR several times and received no answer. Can you answer my question, or direct me to someone who can.
Thank you.

Original letter to DNR

Dear Sirs:
I have a question about carrying firearms on a cruising sailboat in Maryland.
The USCG has said to me that State Law is the controlling authority as Federally it is alright to possess a legal firearm on a cruising boat.

Is it legal in the state of Maryland to carry a firearm on a cruising sailboat?

Here is the situation:
I live aboard my cruising sailboat (federally documented boat with MD stickers) for 6 weeks in the summer and cruise Maryland as well as Virginia, Delaware and Carolina waterways.
Maryland law states that it is legal to carry an unloaded secured firearm from a residence to the range or sporting event, between residences, or to a repair shop.
The way I read Maryland Firearms law is that while the boat is under way the legal firearm should be unloaded and secured.
However, while the boat is at anchor for the night, since the boat is then considered a residence, I can have the firearm loaded and at hand as necessary.
I have a concealed carry permit that is legal in Virginia, Delaware, and North Carolina but that is not legal in Maryland.

Finally, are the DNR Police the controlling authority or are the County/State Police the controlling jurisdiction.

I realize that this is a difficult question and may need to be researched.

Thank you for your time and effort.

HardHatMan said:

I wouldn't be bringing a handgun. It would be an unregulated long gun.

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You can just carry it around with you. The Doug Gansler said so.

I would keep a unloaded shotgun on my rig, used to keep a loaded .357, got boarded by the USCG for training, in the bay no less, they asked a about the gun, I told them where it was, they unloaded it, wrote down the serial number, finished their inspection and left. Said have a nice day, however, that was about 12 years ago. I would imagine they would have a different stance now.

Why would a long gun need to be unregulated? My understanding, which may be totally wrong, was that regulated as it pertains to long guns was something that applied to the purchase and not transport.

I'm interested in the legal answer. I understand it might be less trouble if there was an issue and you had a less scary gun, or more importantly one that could be replaced if necessary. Just curious.

JWBanshee said:

I would keep a unloaded shotgun on my rig, used to keep a loaded .357, got boarded by the USCG for training, in the bay no less, they asked a about the gun, I told them where it was, they unloaded it, wrote down the serial number, finished their inspection and left. Said have a nice day, however, that was about 12 years ago. I would imagine they would have a different stance now.

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I never understand this, were you for some reason suspected of possessing a stolen firearm?

HardHatMan said:

I wouldn't be bringing a handgun. It would be an unregulated long gun.

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unloaded, and preferably cased in something that floats.

What will get you into trouble real quick is lead on the water.

I would not go to the police, DNR, internet, or congress critter for legal advice. If you feel that for your safety you would like to have a fire arm on your boat, bring one. If you fear that you will be stopped and searched, carefully consider how and where you should store your firearm. The probability that you will be stopped and thoroughly searched is very unlikely.

jonnyl said:

Why would a long gun need to be unregulated? My understanding, which may be totally wrong, was that regulated as it pertains to long guns was something that applied to the purchase and not transport.

I'm interested in the legal answer. I understand it might be less trouble if there was an issue and you had a less scary gun, or more importantly one that could be replaced if necessary. Just curious.

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If it was a regulated, now banned firearm. The MSP database will be searched to see if you are the owner.

If you moved here (way back when) without registering the firearm, you will have lots of explaining to do.

Inigoes said:

If it was a regulated, now banned firearm. The MSP database will be searched to see if you are the owner.

If you moved here (way back when) without registering the firearm, you will have lots of explaining to do.

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So, it's in the category of it's a good idea to avoid a potential pia but wouldn't be illegal. Makes sense.

If you moved here (way back when) without registering the firearm, you will have lots of explaining to do.[/QUOTE]

Not so. It is up to the State to determine if there has been a crime committed. There is nothing in the law that says you have to prove the firearm belongs to you.

John

John from MD said:

If you moved here (way back when) without registering the firearm, you will have lots of explaining to do.

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Not so. It is up to the State to determine if there has been a crime committed. There is nothing in the law that says you have to prove the firearm belongs to you.

John

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We are not talking the charge phase, only a LEO trying to determine if said firearm is legal or not.

Do you carry your all of your documentation for the firearm you owned prior to 10/2013 with you? I don't, unless it NFA.

I don't carry any documentation for anything, I am in possession of at least a shotgun 97% of the time I am traveling around. My stuff is fully legal and I am fully legal to own, they can spend the time to play games if they want, regardless of where I'm at or what I am in possession of.

Ridiculous.