|Topic Review (Newest First)|
|04-21-2009 01:44 PM|
"It is important to check the details in each state. "
Exactly the point. Just not with some anonymous voice on the phone.
|04-21-2009 01:34 PM|
Originally Posted by sck5 View Post
Isn't that pretty much the case for about 99.99% of the laws passed, regardless the subject???
|04-21-2009 01:11 PM|
|sck5||On discharging a firearm within 500 ft. of a residence - We have that law but it says "unless you have permission from the homeowner". That means you are OK if it is YOUR home. It is important to check the details in each state. The NRA has a database of such things.|
|04-21-2009 12:30 AM|
"If the houseboat is my residence, then it's a residence. "
Who said HOUSEboat? You said BOAT. While most folks might consider a houseboat to be a residence, most enforcement personnel consider a boat (other than a houseboat) to be a vehicle, and not a residence, regardless of who is living on it.
Ignoring that issue, what you have is the verbal and unproven opinion of some guy who picked up a phone. That is a very dangerous foundation tpo build upon. Get a written formal "advisory opinion" from a state law department or an AG's office, and then you have something you can take to court--or show to a watercop. Some guy on the phone? Come on, let's go pearl diving in the shark tank.
And, fwiw, if MD is like most other states you won't be allowed to discharge a firearm within 500 feet of a road OR residence, unless you are on private property in an area that specifically does not ban or regulate firearms discharges otherwise. So if your boat is a houseboat and a residence, and you discharge your shotgun from the deck? Catch-22, you might get a summons for discharging a firearm within 500 feet of the residence.
Some guy on the phone? Might just be setting you up. After all, Maryland IS rightfully proud and famous for being "the 55mph speed trap on I95".
|04-20-2009 07:38 PM|
Sounds about as I would expect. I hunt from my Jon boat, haul guns, decoys, ammunition. (Michigan) Its no big deal here. If you intend to discharge a gun the means of propulsion must be off and the vessel slowed to essentially random brownian motion. If you point the gun at Federally regulated migratory birds you must have a license, Fed stamp, non-toxic shot, in season, not in a posted no-hunt or proteced zone, not in city limits, not within 150 yards of an occupied building. You must also have a reasonable expectation of and you shall attempt to retrive your trophy. See, its easy! Oh, by the way, the gun is supposed to be unloaded if the vessel is moving under power or sail. The State DNR doesn't care what boat you hunt from here. We are free here to trasport any legal firearm here in whatever vessel we choose. Sorry to hear the east coast liberals have managed to circumvent your 2nd amentment rights.
I didn't say that asserting your 4th amendment rights would go over well. It is especially unlikely to go far with a Federal agent. You will probably do better with county and state enforcement especially if you've done nothing and you can show your life jackets, registration etc. We had a series of incidents off Cleveland a few years ago where the city water police and the CG-AUX decided to start pulling sailors over for inspections during race events. We collectively told them to pound salt and made it stick. Most enforcement around here recognizes sailors as a pretty good set of extra eyes when they need them and generally safer and better prepared than most.
One thing apparently difficult for locals to understand is that registered vessels may not display state numbers. I still must display the water use tag. That used to really bother the county sheriff and city cops - mostly untrained except for issuing tickets. Registered vessels get stopped regularly & even by the same officers.
|04-20-2009 06:42 PM|
thats the same rule as in NY. Except here we have an exception. The law says you have to use non toxic shot TO HUNT MIGRATORY WATERFOWL. It also says you can discharge a weapon "over water" if it does not otherwise endanger anyone. So, technically, if you want to shoot clays over water you can use any shot you want. Non toxic is pretty expensive unless you use steel. As somebody above said, the devil is in the details. It is obvious to me that the people making the gun laws (at least around here) dont know much about guns or hunting
|04-20-2009 05:00 PM|
OK I answered my own question.
I called the natural resources police at 301 645 0062. I advise you call them yourself because I wouldn't believe it from some forum goon with 3 posts.
What the guy told me is that the normal vehicle laws apply in md waters. If the houseboat is my residence, then it's a residence.
Then I asked the goofball question: Can I shoot clays off the boat?
Yes, he said, and i'm paraphrasing, you can shoot clay pigeons off the boat if you're not endangering anyone.
So I can go out in the middle of the bay and shoot clay pigeons?
Yes, he said, as long as you use the approved shot for duck hunting. (lead-free, i assume he meant)
|04-20-2009 04:17 PM|
I understand I asked a question that is not simple to answer, so an amount of political opinions and educated guesses is expected. I appreciate erps's link but it's broken. However, I would like to renew the focus to my original question:
"What do i do with my guns when I'm underway? I'm not even talking about leaving the country.
Whose jurisdiction is this? I asked some police, they told me to ask DNR, I sent off an email and haven''t heard from them."
Here's a head start:
Loaded handgun in house boat or RV in MD - Maryland Shooters
In case that link breaks,
"Article - Criminal Law
(a) (1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State; "
"(b) This section does not prohibit:...
....3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;"
Perhaps this is the answer, if my boat is my residence, i am always traveling between residences and simply have to lock it up away from the ammo while in transit.
Surely someone has found the answer to this question before. Surely someone will seek the answer after me, let's not leave a red herring for google searchers.
Although, it'd sure be fun to shoot clays off the stern!
|04-20-2009 01:53 PM|
Here's a reference about transporting in MD. Maryland sucks as far as the 2nd goes. Regarding the case law about searching boats without P.C., IIRC, I think that applies to "safety inspections". Of course if an officer conducting a safety inspection sees some contraband, it would be in plain view and change the scope of the search.
OpenCarry.org - State Information For Maryland
|04-20-2009 01:37 PM|
|sck5||actually, on the real topic of this thread, it occurred to me that it would be easy to shoot geese from my boat. It seems like I should be OK if I am anchored when I do it - Does anybody know the rules in Maryland? I assume all the rules about non-toxic shot, limited magazine capacity, federal duck stamp etc. are the same in MD as they are NY.|
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