Concealed vs open carry on boats

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BogBabe

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While fueling up at a marina this week, we got into a discussion with the marina attendant. He said he was once arrested for having a gun in plain view on the console of his boat -- but that he was acquitted (or charges dropped, I'm not sure) because the rule on boats is that firearms are supposed to be open, not concealed.

I've never heard this before, and I'm not sure what to make of it. I don't always carry when out boating, but when I do it's always concealed.

Anyone know anything about this?
 
I don't know what I'm talking about. I got the impression from the guy it was just local boating (here in Florida) -- but it could have been the high seas. We didn't want to get into a long discussion with the guy, so we didn't ask for specifics.

But I've never heard of such a rule either in the state of Florida or "on the high seas."
 
In Florida,

an average individual may carry a concealed weapon only with a concealed weapons permit.

790.01 Carrying concealed weapons.--

(2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

http://www.flsenate.gov/Statutes/in...e&Search_String=&URL=Ch0790/SEC01.HTM&Title=->2002->Ch0790->Section%2001

But you may carry openly while participating in...

790.25 Lawful ownership, possession, and use of firearms and other weapons.--

(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;

http://www.flsenate.gov/Statutes/in...e&Search_String=&URL=Ch0790/SEC25.HTM&Title=->2002->Ch0790->Section%2025
 
Thanks for the statutes and link, but .....

Yes, we're speaking of a ccw holder, so that's not the issue

and

This guy said the rule is you're supposed to open carry on a boat -- not that you may but that you're supposed to. He said he was arrested for having his gun in plain view, but beat the charge because the rule is that on a boat it's supposed to be open. He called it the "boater's rule."

My guess now is that his lawyer referenced the statute that open carry is permissible (though not required) on a boat, and that's why he got off.
 
Out on the high seas (past the territorial limit, 12 miles?) you should be able to do anything that you want to.

Greg (this being said from the very landlocked state of Ky so don't take it as gospel ;) )
 
This guy said the rule is you're supposed to open carry on a boat

Nope. You may carry concealed with your CCW anywhere that is not specifically named as not permissible. A boat is not one of the places listed as being prohibited from CCW carry.

(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

http://www.flsenate.gov/Statutes/in...e&Search_String=&URL=Ch0790/SEC06.HTM&Title=->2002->Ch0790->Section%2006
 
In FL, Boat = Car

In FL, within 3 miles on the Atlantic coast, or 9 miles on the Gulf, a private motor boat is treated like a car, "a conveyance," for firearms laws. [Dozier v State, 662 So.2d 382 (4DCA 1995)]

As with cars, no CWL = No on person carry, but securely encased on board is okay.

CWL = Concealed carry on person or off person.

Open carry is prohibited (probably excepted for fishing).
 
In FL, Boat = Car

I agree with HK and GT: carry concealed on any boat is OK with permit, or open carry is OK next to fishing pole.

But what about the Type 1-3 Wildlife Mngt Areas, like a lot of the St Johns river? My understanding of these areas are all guns are a n0-no unless during hunting season.

Anybody with first hand knowledge here?
 
Arrrr, ahoy, my fellow THRers, arrr. [Parrot voice] "Squawk, Captain Tejon is back from burying machine guns, squawk. Polly want a magazine."

BogBabe, sounds like he was citing the Florida exemption to open carry that Hk posted. Betcha a DNR copper (or whatever y'all call them down yonder) arrested/cited this guy while he was fishing and his tilecrawler got the case nolled or NFed because of the exemption.

I like to open carry while sailing. Right by Oprah's house!:D
 
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