Carrying a rifle on a boat?

[10-Ring]

I've searched T.C.A. and can't find anything specifically addressing this issue.  I've recently gotten into boating and was wondering about the legalities of carrying a rifle on the boat.  Pretty sure that I'm okay if I'm unloaded, not so sure about it being loaded.  Sometimes it's hard to track down T.C.A. codes because they only go into what is illegal most of the time.  I already carry a pistol as well but I see a few advantages to carrying a rifle on the boat...

-  If someone else is shooting at me say from the bank or another boat a handgun would be about useless.  Hey, stranger things have happened and there are nuts everywhere.

-  It isn't uncommon to see deer or other game while I'm fishing and a lot of that land is considered WMA. 

-  Because if it's legal to do so I just want to. 

 

 

[Oh Shoot]

I can't see any legal reason you can do it, except for:

 

" Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity"

 

Some say the fishing/camping part is only in there to allow longer knives (now moot regarding that), never seen any case law, including the often mused "other lawful activity".

 

A boat is not a motor vehicle under 55-1-103, so the "guns in cars" provision wouldn't count.

 

And as far as carrying a rifle "unloaded", that means no ammo in immediate vicinity too. Whatever "immediate" actually is.

 

- OS

Edited August 25, 2015 by Oh Shoot

[10-Ring]

Just the guy that I was hoping to come along!  I'd say that it could be considered incident to lawful fishing, but I honestly have no idea why one would use a high powered rifle to fish and would not want that to be my excuse if I were to have to go to court.  It really sounds like a gray area that I don't want to be the test dummy for the case law for.

[Oh Shoot]

Just the guy that I was hoping to come along!  I'd say that it could be considered incident to lawful fishing, but I honestly have no idea why one would use a high powered rifle to fish and would not want that to be my excuse if I were to have to go to court.  It really sounds like a gray area that I don't want to be the test dummy for the case law for.

 

AR pistol in .308 oughtta cover all the bases. :)

 

 

- OS

Edited August 25, 2015 by Oh Shoot

[Omega]

I can't see any legal reason you can do it, except for:

 

" Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity"

 

Some say the fishing/camping part is only in there to allow longer knives (now moot regarding that), never seen any case law, including the often mused "other lawful activity".

 

A boat is not a motor vehicle under 55-1-103, so the "guns in cars" provision wouldn't count.

 

And as far as carrying a rifle "unloaded", that means no ammo in immediate vicinity too. Whatever "immediate" actually is.

 

- OS

I thought they did consider it a motor vehicle since you can get a DUI while boating?  Maybe not for carrying though.

[Oh Shoot]

I thought they did consider it a motor vehicle since you can get a DUI while boating?  Maybe not for carrying though.

 

39-17-1307 says must be in motor vehicle as defined by 55-1-103, and there ain't no watercraft in there.

 

- OS

[10-Ring]

AR pistol in .308 oughtta cover all the bases. :)

 

 

- OS

I was thinking something like that would solve all of my problems, just have to get it past the finance committee :(

[300winmag]

You would probably need to have a rifle that is a legal hunting device for whatever is in season, especially if you are on WMA land.  The only time you can have a centerfire rifle on WMA land is during modern gun deer season.  You can have a rimfire rifle or shotgun during small game seasons.  You would also need a hunting license and any of the add ons for the WMA permit and the modern gun deer permit.

[DaveTN]

Would it be lawful if you were carrying it walking along the bank?
Would you meet all the criteria for lawful hunting (if you want to use that reason)?
Don’t be a test dummy.

[C0v3rtV01]

I have a friend who is a WMA manager. Want me to run it by him to get his take? What exactly should a ask?

Sent from my LG-E970 using Tapatalk

[Oh Shoot]

nm, misread

Edited August 26, 2015 by Oh Shoot

[gregintenn]

I have a friend who is a WMA manager. Want me to run it by him to get his take? What exactly should a ask?

Sent from my LG-E970 using Tapatalk

Judging from the thread title, I think he wants to know if he can carry a rifle in his boat.

 

Welcome to the forum. :up: :up:

[Omega]

According to the hunting regs it appears that you can have a rifle in a boat:

 

Hunting From Motorized Vehicle or Vessel

Where hunting is allowed from vessels, it is
legal to hunt from any vessel, so long as the
vessel is not under forward motion from any
influence of mechanical means or sail. On
private property, it is legal to hunt from any
motorized vehicle (to include ATVs, golf
carts, etc.), provided the vehicle is stationary.
Nothing in the subsection shall be construed as
authorizing hunting from a vessel, automobile,
or other motor vehicle while under power.
Nothing in this subsection permits hunting
from or across a public road or right-of-way. 

 

So as far as having ammo, I would guess it could be on the boat as well but the rifle probably has to be unloaded while underway.  Of course then you would have to be decked out in blaze orange, in season, and licensed, and it does not address SD issues.

[chances R]

This also raises the question of boats with cabins, houseboats, yachts, etc. Essentially a residence. I have done some searching but can't find anything definitive. Becomes an argument of vehicle vs. Abode?

[Pain103]

You don't get a DUI on a vessel instead it's a BUI. They don't count against each other for convictions.

[Wingshooter]

This also raises the question of boats with cabins, houseboats, yachts, etc. Essentially a residence. I have done some searching but can't find anything definitive. Becomes an argument of vehicle vs. Abode?

That's a good point. I have a fishing boat that would never be considered a residence, but my other boat has a large cabin. I could stay on it for multiple nights, and I would definately want a long gun on board. This is part of the reason I built my 300BO pistol. Now what about a deck-mounted turret... too much? :)

[monkeylizard]

No, just a good start.