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Old June 5, 2012, 08:03 PM   #1
Willie Sutton
Junior member
Join Date: January 26, 2012
Posts: 1,066
Is a crusing boat a vehicle for interstate transport?

Going cruising... 42 foot boat, Wisconsin to Florida planned via Lakes to the St Lawrence Seaway then thru the Champlain Canal, to the Hudson River, and points south.

This takes me thru... <insert dramatic organ music here>... New York State waters, New York City waters, and NJ waters.

Reading 18 USC § 926A - Interstate transportation of firearms:

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 he may lawfully possess and carry such firearm to any other place where he 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 references "Vehicles" and further describes passenger compartments and trunks, but does not actually articulate what a vehicle is considered to be. Obviously it was broadly written to include motor vehicles, but, would a reasonable reading of this proved the same protections to someone moving thru a state at a stately 8 knots rather than 65 MPH? In NY I assume that I would unload, lock in a box, and ditto the ammo.

Being a pilot, I've also wondered if carriage of my sidearm in my airplane would be OK during a stop for fuel in New York or NJ, assuming that it's locked and ammunition is also secured in the same way as it would be in an automobile.

Gents? Someone "who is a lawyer but not my lawyer" want to take a stab?



Last edited by Willie Sutton; June 5, 2012 at 09:36 PM.
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