Maritime Law: Right To Firearms For Defense Against Pirates

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Ellen Birrell and her husband, Jim Hutchins, were stalwarts of Reading Liberally during its first 2-3 years of existence, whereupon they "pulled up stakes" the end of 2008 to sail the world on their yacht, Boldly Go.

They are in town for other matters but will attend our Aug 14th meeting.

Since Ellen and Jim still have so many friends in the area (for example, Ellen was on the Board of the Salt Lake County Democrats), it is respectfully requested that anyone planning to come on Aug 14th RSVP so we know whether to "kill the fatted calf" (i.e., provide anything more festive than our regular coffee/decaf with chocolate-chunk cookies and peanut butter cookies) and whether to request accommodations for more than 20.

Simply e-mail ReadingLiberally-SaltLake@johnkarls.com with "I will attend Aug 14 (with guest(s) John Doe (and Jane Roe))."
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Maritime Law: Right To Firearms For Defense Against Pirates

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Reading Liberally Editorial Note =

Pat’s third question prefacing the Salt Lake Tribune article about Venezuelan pirates robbing Ellen & Jim (posted in this section of the bulletin board), speculated about whether International Maritime Law permits yacht owners to carry firearms for self defense against pirates.

Sometimes the best answers to such questions come from the people involved, rather than from a Maritime Attorney’s best research.

Pat’s question was addressed by yacht owners on www.law-forums.org, a bulletin board about which there is as little information as there is about the presumed yacht owners who are posting their own comments.

It is interesting that the question and 8 answers were all posted shortly after the experience of Ellen & Jim with the Venezuelan pirates.


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What is the international law regarding carrying guns in your yacht?
by gilleabart » Sun Dec 18, 2011 1:10 pm

I sail yachts recreationally and I was wondering what the international law was regarding having guns on board for the reason of self defense in US or international waters?

I plan to circumnavigate the globe in the future and am hoping for expert knowledge from martime lawyers, US coast guard, navy, or maritime security experts.

gilleabart

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What is the international law regarding carrying guns in your yacht?
by oz » Sun Dec 18, 2011 1:17 pm

There is no international law regarding guns on board or the right to bear arms. When You enter any nations' territorial waters you are under the jurisdiction of that nations' laws. Most countries do not allow private ownership of firearms or do so with extreme restrictions. In many countries If you are found with undeclared firearms you may be thrown in jail and your vessel impounded. If you declare the weapons they may be confiscated or impounded until you leave. Check with the US State Department about the laws and regulations in the waters you plan to visit. The general rule is no weapons on board ... or hide them so well that if a boarding party dismantles the interior of your boat, they won't be found. There are conversion kits to adapt a flare gun to fire shotgun shells which might not get you jailed...
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What is the international law regarding carrying guns in your yacht?
by herald » Sun Dec 18, 2011 1:23 pm

Cant say for sure, but if I were you even if it is against the laws would definitely have a 12 Gage hidden away as well as a high capacity semi auto hand gun. Remember, better to be judged by 12 then carried by 6.

I would check with the us coast guard.

You could also check with the NRA National rifle association
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What is the international law regarding carrying guns in your yacht?
by bernd » Sun Dec 18, 2011 1:27 pm

in international waters you would be fine with a firearm, but many countries and even many states have ordinances banning firearms on a boat in their waters. I remember many years ago, I wanted to sail to some different areas and on looking, found that most of the places I wanted to go, banned them. BUT, I found a way around it. I mounted a "signal cannon" that fired black powder. This was legal in all countries and areas that I checked back then. Of course I had a couple of dozen beer cans full of concrete that just happened to fit the canon, as well as a homemade bag or two of "grapeshot". Hey, they were fish weights!! Yeah right!.

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What is the international law regarding carrying guns in your yacht?
by torin7 » Sun Dec 18, 2011 1:32 pm

It does depend on the country you visit. I know that in the British V.I. you are required to surrender any firearm until you leave. Some countries a revolver is ok while a semi-auto get them upset. You just have to find out what to do in each country, and go from there.
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What is the international law regarding carrying guns in your yacht?
by delron72 » Sun Dec 18, 2011 1:34 pm

there are web sites for cruising sailors. check them out because in some countries, posessing a firearm can get you some serious jail time.
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What is the international law regarding carrying guns in your yacht?
by eliot » Sun Dec 18, 2011 1:39 pm

Yes, it depends on what country you are visiting whether or not you can have a firearm with you. Your are best to chart your course, and then check with their individual regulations of the ports that you are visiting. Like many other people who have answered you, I would take a gun for your own protection but whether or not you to declare it is up to you.
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What is the international law regarding carrying guns in your yacht?
by melville » Sun Dec 18, 2011 1:52 pm

Anybody has the right to bear arms. You can have a fully loaded weapon aslong as it's out in plain view. Now if you want it to be concealed, as in hidden, you would have to get a concealed weapons license.
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What is the international law regarding carrying guns in your yacht?
by taryn31 » Sun Dec 18, 2011 1:56 pm

Certainly there are places like Canada that are restrictive when it comes to hand guns. It would therefore be prudent that if your state issues permits to have that along. You are also required in some countries to have the gun stored properly (locked cabinet, unloaded etc).

From my point of view it would be good to have such along and keep it in an easy to get at but secure place (don't tell anyone where it is).

The waters off eastern africa and near indonesia are the most active for pirates.

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