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Crispy167
New member
Username: Crispy167
Post Number: 40
Registered: 04-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 10:42 am: | 
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I'm curious as to regulations regarding transporting a pistol registered in PA on my boat registered in DE in order to dispatch a shark boatside. I contacted DE state police who gave me good info on land transport but am looking specifically for transport and handling on the boat ... anyone help? I'd rather not have an issue with a weapon on my boat that might create any undue stress for either me or DNREC/police should i be stopped for a courtesy check or other ... |
Dckhd247
Senior member
Username: Dckhd247
Post Number: 2312
Registered: 01-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 10:45 am: |
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If you're not in a State Park,(or Dover), DE is an open carry state... You can carry your pistol anywhere you'd like as long as it's visible on your hip...... But on the boat, I keep it sealed in the case with a clip in a seperate case until we're ABSOLUTELY ready to use it... I only put 2 shells in the clip and empty the clip into the shark before bringing the gun back into the boat...
(Message edited by dckhd247 on June 24, 2010) |
Flydesign
Advanced member
Username: Flydesign
Post Number: 434
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 10:51 am: |
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Why does everybody worry about guns on boats?
You do realize ~8k people duck hunt in Delaware each year. That pretty much requires carrying a gun in a boat.
If one of the 18yo brat coasties says anything to you just point to the closest duck blind in sight & ask him how they get to it with guns. |
Bad_kitty
Senior member
Username: Bad_kitty
Post Number: 1872
Registered: 04-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 11:01 am: |
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I don't think DE is "open carry" for non-residents.
"Fear a Govt. that fears your guns "
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Blue_duck
New member
Username: Blue_duck
Post Number: 4
Registered: 07-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 11:53 am: |
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Not real sure about the law with hand guns on boats but I do know you can't have a shotgun loaded while under way. Thats how you get a gun to a duck blind and back to the ramp, might be the same for hand guns. Unload while your running and load up when you stop and keep it in plain view. |
Deeptroller
New member
Username: Deeptroller
Post Number: 13
Registered: 04-2010
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 12:05 pm: |
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Flydesign wrote on Thursday June 24 2010 - 10:51 am:Why does everybody worry about guns on boats?
You do realize ~8k people duck hunt in Delaware each year. That pretty much requires carrying a gun in a boat.
If one of the 18yo brat coasties says anything to you just point to the closest duck blind in sight & ask him how they get to it with guns.
LOL  |
Dckhd247
Senior member
Username: Dckhd247
Post Number: 2313
Registered: 01-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 24, 2010 - 12:11 pm: |
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Bad_kitty wrote on Thursday June 24 2010 - 11:01 am:I don't think DE is "open carry" for non-residents.
I think it might be... |
Fishmonger
Junior member
Username: Fishmonger
Post Number: 102
Registered: 11-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 25, 2010 - 02:21 am: |
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Not in enforcement nor am I a lawyer, but I've done a little research on this topic.
Federal Law allows transportation of fireams on your boat and certain guidelines have to be followed:
18 U.S.C. 926A, 27 CFR 178.38
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm to any other place where such person may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That 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.
This is what prohibits carrying on a boat in DE:
Chapter 7
§ 708. Loaded firearms prohibited in or on motor vehicles, motorboats or farm machinery.
No person shall have a loaded shotgun or rifle in that person's possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such shotgun or rifle except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.
As far as I know anywhere DNREC has jurisdiction it is not lawful to carry unless specified (hunting mostly).
Try the folks over at www.deloc.org (Delaware Open Carry) They are pretty sharp and I'm pretty sure this topic has come up before. When I carry on the boat it's cased and ammo seperate. When I'm out and about it's on my hip or on the dash when driving. Unless I'm in Dover and thats a whole different story. |
Crispy167
New member
Username: Crispy167
Post Number: 42
Registered: 04-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 25, 2010 - 10:29 am: |
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Thanks for the replies guys. So until I hear further info(still waiting a return call from DNREC) i'll feel comfortable transporting to/from PA with pistol and ammo stored separately in the truck but not so much(from a purely legal perspective) with it on the boat. I'm not concerned with the idea of having it on the boat and confident about my abilities to safely utilize it for dispatching sharks. I'll update the board when/if i get further info, thanks again! |
Jkryspin
New member
Username: Jkryspin
Post Number: 67
Registered: 09-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 25, 2010 - 11:21 am: |
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"while under power" is the key term. |
Nick
Senior member
Username: Nick
Post Number: 1333
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 25, 2010 - 11:48 am: |
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A few years ago motorboating magazine had a real good article on having weapons aboard your vessel. I'll try to search for it, a search on their website may bring it up too. |
Jarjar
Senior member
Username: Jarjar
Post Number: 1085
Registered: 12-2004
All
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 25, 2010 - 07:29 pm: |
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As Flydesign said As a duck hunter i just keep guns unloaded until it is time to hunt. The only problem i have with that law is when you are dispatching wounded birds and have to run with a loaded gun. Besides that i would follow DckHd's advice, but instead of a pistol i would use a shot gun to scatter the brains.
All Fishermen are born honest, We just get over it!
Paul
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Waistinbait
Senior member
Username: Waistinbait
Post Number: 604
Registered: 12-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, June 26, 2010 - 05:32 pm: |
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I second the use of a shotgun over a pistol. To much can go wrong in the heat of the moment with a pitching boat and a thrashing fish. Old single shot 20 gauge will do the trick. I don't believe law enforcement will be as concerned about an empty shot gun either. As long as you don't shorten the barrel and stock |
Dckhd247
Senior member
Username: Dckhd247
Post Number: 2315
Registered: 01-2004
Rating: 
Votes: 2 (Vote!) | | Posted on Saturday, June 26, 2010 - 07:02 pm: |
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Everyone is welcome to an opinion... This pistol did fine...
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Edlee270
New member
Username: Edlee270
Post Number: 17
Registered: 07-2007
Fishing with family and freind is a good day out
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, June 26, 2010 - 07:08 pm: |
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you can have a shotgun barrel at 18 1/2 inches is legal and stock can be cut at any lenth. And DE don't recongnize PA lisence to carry at all. |
Dckhd247
Senior member
Username: Dckhd247
Post Number: 2316
Registered: 01-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, June 26, 2010 - 11:25 pm: |
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Edlee270 wrote on Saturday June 26 2010 - 07:08 pm:And DE don't recongnize PA lisence to carry at all.
Their license to carry concealed... That has nothing to do with the right to Open Carry... |
Edlee270
New member
Username: Edlee270
Post Number: 18
Registered: 07-2007
Fishing with family and freind is a good day out
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 27, 2010 - 10:01 am: |
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A non resident can not carry open or conceled in DE, I will find a link to share.
http://forum.opencarry.org/forums/forumdisplay.php?91-Delaware/page2&order=desc |
Edlee270
New member
Username: Edlee270
Post Number: 19
Registered: 07-2007
Fishing with family and freind is a good day out
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 27, 2010 - 10:22 am: |
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you can be arested for just having it out, when someone is scared and they call the cops. You arested and gun taken away |
Fishmonger
Junior member
Username: Fishmonger
Post Number: 103
Registered: 11-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 27, 2010 - 10:35 am: |
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Edlee270 wrote on Sunday June 27 2010 - 10:22 am:you can be arested for just having it out, when someone is scared and they call the cops. You arested and gun taken away
Not True. You can be detained and disarmed during the detainment. For a disorderly charge (I am assuming that is what you are talking about) there has to be intent proven for it to apply. Open carry is legal and you can't be arrested for commiting a legal act. Someone's right to not be scared doen't trump my right to bear arms......
http://www.deloc.org/forums/viewtopic.php?f=13&t=3716
(Message edited by fishmonger on June 27, 2010) |
Edlee270
New member
Username: Edlee270
Post Number: 20
Registered: 07-2007
Fishing with family and freind is a good day out
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 27, 2010 - 01:41 pm: |
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look it up, also a police officer stated that a person can call the police if she or he is concerned for their own well being, it is up to that officer to do what he must, also look up the forum of DE for the right to carry open.
This is what I read in the forum so here it is.
Hey guys, I know I've been away for a while, but I've basically been lurking. I had something come up recently that I thought you should know about, and I need some legal advice.
My CCDW instructor at Shooters Choice in Dover said something that was kind of unsettling to me. While the instructor is knowledgeable in the area of firearms and law enforcement, he is not a lawyer. I'm glad I am taking the course because of the professionalism and experience this gentleman has, but some of his opines are a bit troublesome.
He said in class on monday, after I brought up DE being an OC state that OC while not illegal, was not wise.
"Open carry in the state of Delaware, while legal, is not wise. You have the potential for someone to become scared of you because you have a weapon, and you can be arrested under the disorderly conduct code for causing undo alarm."
I didn't think he was right, but I didn't want to argue with him. I went online and found the disorderly conduct code of Delaware, and there are two mentions (and it has a stipulation on it) about undo alarm.
Delaware Code 1301. Disorderly Conduct
Section 1: The person intentionally causes public inconvenience, annoyance or alamr to any other person, or creats a risk thereof by: (sections 1, paraa - g).
Section 2: The person engages with at least 1 other person in a course of disorderly conduct as defined in paragraph 1 of this section which is likely to cause substantial harm or serious inconvenience, annoyance or alarm, and refuses or knowlingly fails to obey an order to disperse made by a peace officer to the participants.
So, if a person has a freak attack about me carrying a gun, and the cops show up, am I causing undo alarm or is that person? If I am completely within the letter of the law, minding my own business, who is at fault?
. |
Fishmonger
Junior member
Username: Fishmonger
Post Number: 104
Registered: 11-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, June 28, 2010 - 01:20 am: |
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Edlee,
One officer's or instuctor's opinion is not the law of the land for a reason....... To answer your question, NO! Simply exercising your right is not causing a disturbance the person who is freaking out is. I carry a weapon to defend myself not to cause alarm or public inconvienence.
Try open carry yourself you'll find that most people don't notice and the one's that do, for the most part are more curious than anything. |
Rollingintotown
New member
Username: Rollingintotown
Post Number: 91
Registered: 05-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, June 28, 2010 - 10:05 am: |
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I HAVE READ ALL THE TOPICS ABOUT CARRYING A PISTAL OR SINGLE SHOT SHOTGUNFROM PA TO DEL FOR SHARKS, BUT, I STILL DONT KNOW IF IT IS LEAGAL TO DO SO, CAN SOMEONE PLEASE LET ME KNOW. WILL BE APP. THANK YOU. |
Edlee270
New member
Username: Edlee270
Post Number: 21
Registered: 07-2007
Fishing with family and freind is a good day out
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, June 29, 2010 - 07:12 am: |
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Call the Delaware Stae police and or Game Commision in Delaware |
Granpafish
Junior member
Username: Granpafish
Post Number: 190
Registered: 04-2005
a woman is but a woman, a good cigar is a smoke.
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, June 29, 2010 - 10:07 am: |
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Unless you are a convicted felon, I know of no law that prohibits you from transporting a shotgun anywhere. Just keep it unloaded and out of reach (in the trunk?) and there are no laws broken. |
Crispy167
New member
Username: Crispy167
Post Number: 45
Registered: 04-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 30, 2010 - 09:57 am: |
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Still waitin for a reply from DNRC enforcement section ... state police has jurisdiction on water per them, transport on land ammo and weapon separated and weapon not concealed |
Shark56
New member
Username: Shark56
Post Number: 7
Registered: 12-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, June 30, 2010 - 12:40 pm: |
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Quick answer is it is illegal to have a loaded firearm on a vessel while under power.
While not underway and stopped it is legal to dispatch a shark or fish. If you are stopped and boarded by us or U.S.C.G. just let us know you have the firearm onboard.
As far as the firearm, as long as it a legal firearm by Fed. standards then is fine with us. |
Crispy167
New member
Username: Crispy167
Post Number: 47
Registered: 04-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 01, 2010 - 08:05 am: |
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Shark56, thanks for the info! that's just what i was looking for! |
Flydesign
Advanced member
Username: Flydesign
Post Number: 438
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 01, 2010 - 09:20 am: |
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Edit: Never mind I found where there was an exception in the law for this
(Message edited by flydesign on July 01, 2010) |
Deeptroller
New member
Username: Deeptroller
Post Number: 18
Registered: 04-2010
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 06, 2010 - 11:33 pm: |
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Crispy167 wrote on Wednesday June 30 2010 - 09:57 am:Still waitin for a reply from DNRC enforcement section ...
They dont offer any professional advice on this forum anymore, from what I have been told... cant say I blame them |
Smartbass
New member
Username: Smartbass
Post Number: 33
Registered: 10-2009
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 07, 2010 - 12:24 am: |
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Deeptroller wrote on Tuesday July 06 2010 - 11:33 pm:They dont offer any professional advice on this forum anymore, from what I have been told... cant say I blame them
Not sure what your looking for but shark56 is as professional as you can get. |
Captbob
Intermediate member
Username: Captbob
Post Number: 324
Registered: 04-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 14, 2010 - 07:32 pm: |
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Shark56, In the posting above where somone quotes the law, it says shotguns and rifles. No mention of handguns therefore a person cannot be charged with a violation concerning a handgun. As we know, the law is very strict in it's interpretation. Thank you. |
