Flordians I need some assistance

This is a discussion on Flordians I need some assistance within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am visiting San Destin this summer for vacation and I usually get on a charter boat and go deep sea fishing. My question is ...

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Thread: Flordians I need some assistance

  1. #1
    Member Array Magilla82ABN's Avatar
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    Flordians I need some assistance

    I am visiting San Destin this summer for vacation and I usually get on a charter boat and go deep sea fishing. My question is can I still carry while deep sea fishing, legally? If the answer is yes, then should I just call up the charter company? I will not be drinking while on the boat so that isnt a problem and it will be concealed well
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  3. #2
    VIP Member Array tns0038's Avatar
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    Well, Iím sorry to say Iíve got some bad news for you.

    I just checked www.handgunlaws.us and we Floridianís with a CCL are not allowed to carry in the land of the terminator.

    Under international law, youíre not allowed to bring a weapon on a boat/yatch/ship traveling outside state waters into international waters unless you have permission of the Captain. Exception would be if you own the boat, and youíre captaining it.

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by Magilla82ABN View Post
    I am visiting San Destin this summer for vacation and I usually get on a charter boat and go deep sea fishing. My question is can I still carry while deep sea fishing, legally? If the answer is yes, then should I just call up the charter company? I will not be drinking while on the boat so that isnt a problem and it will be concealed well
    If you hold a CCW that's valid in FL, then yes, you may. In FL a private boat is treated like any other private conveyance.

    No need to inform anyone either. Don't ask, don't tell. Have fun!

    Quote Originally Posted by tns0038 View Post
    Well, Iím sorry to say Iíve got some bad news for you.

    I just checked www.handgunlaws.us and we Floridianís with a CCL are not allowed to carry in the land of the terminator.

    Under international law, youíre not allowed to bring a weapon on a boat/yatch/ship traveling outside state waters into international waters unless you have permission of the Captain. Exception would be if you own the boat, and youíre captaining it.

    Sandestin, FL.....

  5. #4
    VIP Member Array ELCruisr's Avatar
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    If you're going charter fishing in salt water there is an excellent chance you'll be leaving state waters. At that point federal laws apply. When on a paid charter you are no longer on a private boat either. You are immediately going to be in the world of maritime law and the captain will have final say.

    If you don't believe it then see what happens when the captain discovers it and calls in the friendly coasties......
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

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    New Member Array Speardivertampa's Avatar
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    State waters are 9nm...if you are doing a bluewater trolling trip you will probably farther offshore than that, but if you are doing a bottom fishing red snapper trip then you will probably be staying in state waters. Also I don't think you cross from state to international waters..the GOM is an EEZ (economic exclusive zone) controlled by the US (not sure if this makes a difference?).
    -Chris

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by ELCruisr View Post
    If you're going charter fishing in salt water there is an excellent chance you'll be leaving state waters. At that point federal laws apply. When on a paid charter you are no longer on a private boat either. You are immediately going to be in the world of maritime law and the captain will have final say.

    If you don't believe it then see what happens when the captain discovers it and calls in the friendly coasties......
    You're right about the "private" conveyance. From a CC point of view, I should have said that it's treated just like any other coneyance. Like a taxi for instance or limo for example.

    Why would the captain call the coasties? What law has been broken? I'm not aware of any prohibition of CC under maritime law nor is there one under the US code as far as I know, so unless the charter specifically states that no firearms are to be brought on board under any circumstances, why would they suddenly care just because they leave state waters?

    I'll leave it at this. Under the Florida statutes, there is no prohibition whatsoever to carrying your weapon on a chartered boat, even if that boat leaves state waters.

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    VIP Member Array ELCruisr's Avatar
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    Well, I have 12 years of civilian sea time. You bring something on board that the captain has a problem with like your firearm if he has stated he doesn't allow it and you'd be surprised how much authority he has. If he discovers it at sea and has a problem with it then many of the operators I've known are going to pick up the VHF and have some law enforcement on scene. Not saying I agree or disagree with what he might decide but as captain he can.

    Ask the captain, he may or may not have a problem but on that boat he has ultimate authority. More than any cab driver, bus driver or any other conveyance operator and he has maritime law to back him up.

    Also, realize just how much salt and corrosion just one day at sea standing in a cockpit is going to subject your gun to. If you take it lube the heck out of it and clean and lube as soon as you get back.
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

  9. #8
    Distinguished Member Array Tally XD's Avatar
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    As long as you stay in state waters, on a boat you are allowed to open carry as well. However, since you are not the captain of this boat, I advise that you heed the prior warnings and ask the captain first before you carry concealed OR open.

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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by ELCruisr View Post
    Well, I have 12 years of civilian sea time. You bring something on board that the captain has a problem with like your firearm if he has stated he doesn't allow it and you'd be surprised how much authority he has. If he discovers it at sea and has a problem with it then many of the operators I've known are going to pick up the VHF and have some law enforcement on scene. Not saying I agree or disagree with what he might decide but as captain he can.

    Ask the captain, he may or may not have a problem but on that boat he has ultimate authority. More than any cab driver, bus driver or any other conveyance operator and he has maritime law to back him up.


    Also, realize just how much salt and corrosion just one day at sea standing in a cockpit is going to subject your gun to. If you take it lube the heck out of it and clean and lube as soon as you get back.
    I don't see this as a question of the captain's authority at sea (which I understand very well).

    The question was, assuming you're properly licensed, is it legal to carry concealed on a fishing charter leaving a Florida port? The answer, in my estimation, is yes..... I haven't been able to find anything in the statutes or in Gutmacher's book to counter that. To be 100% sure, the OP could easily call the State and ask. I've always carried on fishing charters and never had a problem. I do agree, guns and salt water don't mix very well though!

  11. #10
    Member Array jbailey's Avatar
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    Hi all,

    Having been a licensed captain for many years, I would like to take part in the discussion and let everyone know at least one captain's interpretaion. Just for clarification - we are talking about a 6 person charterboat taking trips offshore into near coastal waters (less than 100 mi.). Once you pass a line of demarcation, which is usually at the inlet that leads to the open ocean, the State/local jurisdiction ends, you are then under the jurisdiction of the US Coast Guard, and are governed by maritime law; in legal terms, the USCG has what's called "Absolute Authority". The Captain of the vessel is in charge and by authority from the CG, may use whatever means necessary to insure the safety of his vessel, the passengers and crew. Coast Guard regs list several items that are prohibited on vessels carrying passengers for hire (charter boats are in this group), at the top of the list is contraband and illegal drugs. This also includes the limiting of certain types of items that may or may not be allowed to be brought on board by the Captain. Firearms is usually one of those.

    I never have allowed passengers to bring any type of firearm aboard a charter for these reasons:

    1. If you are going to get on board my boat and pay a handsome sum of $ to go offshore, I'm assuming you are going to be accompanied by friends/family, and not adversaries. My mate and I are certainly not going to harm you - you are providing our living - SO WHERE'S THE DANGER ??

    2. Almost all our customers bring some form of alcohol onboard and some even drink too much (imagine that!!). Guns and alcohol don't mix.

    3. The ONLY firearm that is reasonable to be on board is mine. Especially right after 9/11, the Coast Guard cautioned our charter fleet to be more vigilant about items brought onboard and to be watchful about who the individuals were that were chartering our boats. We are located near a port where military ships dock - and there is concern for the possible use of a private or charter vessel by subversives.

    The bottom line is this - you can ask the Captain, but the answer will undoubtedly be no. If you bring your gun without asking and the Captain finds out, and is put off by it, he may terminate the trip and take you back to shore, and/or call the CG. Remember, the Captain has no idea whether you have a CCW lic., or are a good guy, or not. If he feels threatened in any way by finding that you have a gun on board, things could get unnecessarily ugly.

    Don't take your gun on the charter!! Have it locked up in your hotel/motel's safe until you get back.

    Good Fishn',

    Jim
    "There is no problem that cannot be solved through the proper use of high explosives"
    G. Alan Foster

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    Member Array Jason Rogers's Avatar
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    I was in the U.S. Coast Guard stationed in Destin Florida. You will be legal in Florida state waters to carry concealed with your CWL. FL Department of Fish and Wildlife and the USCG are both used to encountering sporsmen out on the water with firearms.-Jay

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    Member Array Jason Rogers's Avatar
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    Quote Originally Posted by ELCruisr View Post
    Well, I have 12 years of civilian sea time. You bring something on board that the captain has a problem with like your firearm if he has stated he doesn't allow it and you'd be surprised how much authority he has. If he discovers it at sea and has a problem with it then many of the operators I've known are going to pick up the VHF and have some law enforcement on scene. Not saying I agree or disagree with what he might decide but as captain he can.

    Ask the captain, he may or may not have a problem but on that boat he has ultimate authority. More than any cab driver, bus driver or any other conveyance operator and he has maritime law to back him up.

    Also, realize just how much salt and corrosion just one day at sea standing in a cockpit is going to subject your gun to. If you take it lube the heck out of it and clean and lube as soon as you get back.
    You have never once worked with/around 6 pack charters on the FL gulf coast have you? The only laws they know or care about is FL fisheries regs and how to pass a Coast Guard inspection.-Jay

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    Member Array Jason Rogers's Avatar
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    Quote Originally Posted by Tally XD View Post
    As long as you stay in state waters, on a boat you are allowed to open carry as well. However, since you are not the captain of this boat, I advise that you heed the prior warnings and ask the captain first before you carry concealed OR open.
    Could you please cite the FL statute or FL hunting reg that cancels the statewide prohibition on open carry.

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    VIP Member Array ELCruisr's Avatar
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    Jason, I have worked with everything from 6 packs to unlimited tonnage, all oceans captains. Inland captains, towing captains, fishing charter captains, all sorts o' captains, cargo and passenger fields.
    If you stand up and be counted, from time to time you may get yourself knocked down. But remember this: A man flattened by an opponent can get up again. A man flattened by conformity stays down for good. ~ Thomas J. Watson, Jr.

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    VIP Member Array tns0038's Avatar
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    If I where you, I would call the Captain and ask permission to have your pistol stored in your personal gear bag. If he says NO, then call another Captain to arrange the charter and before you book him, ask him.

    Have fun fishing..

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