Leonardo Shark Tournament

[Last Call]

Does anybody know the confirmed date?  I believe it's the weekend before Father's Day.

[Last Call]

I heard a rumor that the tournament is June 16th.  Can anybody confirm that?

[Capt. Ed]

Hi Last Call,

This is by far the worst promoted tournament of all time. I have called friends that have been it in the past and they do not know yet.

I will do a bit more digging.

This is crazy,

Capt. Ed

[Last Call]

Thanks Capt.

[Last Call]

The date has been moved to July 14th.  Don't know why it changed from June, but that just killed my plan to fish it. 

[Capt. Ed]

Hi Last Call,

Thanks ... it will effect the fishing as well.

Best wishes,

Capt. Ed

[Luna Sea 5]

Hey Frank,

You always do that shark thing.  I am dieing to shark on my own boat, but don't have much of the equipment for it.  How far do you go and on how much gas.  If I am not mistaken, you have an I/O, which means you get much better gas milage on the water then I do.  Whats your fishing procedure for small boat sharkin.

[CapBob]

Lost a great deal of respect (and they lost my support) after the shenanigans they pulled with the FLuke Tourn 3 years ago......

[Last Call]

Hey Nick,

We're by no means veterans in the shark fishing world, but we have a clue.  You are correct, I've got an I/O, and I hold 106 gallons of fuel.  Our last trip took us to the Shark Ledge which turned out to be 70+ mile round trip and I returned with just under a 1/2 tank of fuel.  Of course it was a calm, flat day.......

As for procedure, 4 guys minimum.  1 guy is first up with the rod, 1 guy is the leader man when the shark comes boat side, 1 guy is the flying gaff man and somebody must be at the helm to maneuver the boat as necessary to land the shark.  With the shark boat side and hopefully tired from the fight, use the flying gaff behind the dorsal fin and tie to a cleat, then a tail rope is attached and tied as well.  At this point take a standard gaff and gaff the nose/mouth area and whack him with a bang stick.  Of course this would only be for a shark you plan to keep.  Non keepers are generally cut free as opposed to trying to get the hook out.  I've seen it done on TV, don't need to try it my self. 

Our mind set this year is to shark often and do more off shore stuff.  So if I have an opening, you would be welcome to take a trip out.

[IrishAyes]

If you fish a tournament be sure to check with the tournament that you are fishing because I believe most do not allow the use of a bang stick.  I believe the asme holds true for any record shark you may catch.

[intili61]

Guys, what are the regulations for Bang stick on board, does it have to be a long stick, or is hand held with short barrel OK, as long as it is permitted? I was thinking of calling NJ state police marine division and asking? Thanks

[Last Call]

It is my understanding that you do not need a permit for a bang stick.  I was not required to show paperwork for mine.  This was confirmed by an officer friend of mine.

[hareball]

yeah I found the same, no permit required.

and if I heard this correct you can carry a handgun as long as all papers are in order and you are over 3 miles offshore. however getting a handgun from the home to the boat and to that 3 mile mark is completly illegal.

[intili61]

Thanks Guys, so a shotgun(bangstick) is OK, but leave the 445 SuperMag home! As on land, if the handgun is legal, and in a locked case its OK to transport, if in the trunk of the vehicle. I would always keep a copy of my permit with the gun.

[hareball]

yeah I think the only way a handgun can be taken out of the home is for strict handgun business. taking it to a range or gun shop is ok, getting caught on the way to the boat with a truckloa of gear and bait will end a fella up in state.

[Capt. Ed]

Hi Guys,

The gun issue on a boat is a hot potato. You would be surprised how many folks have guns on their boats. In Florida, we never left the dock without one. Piracy is alive and well off that coast. Yiu even need to get your boat registered federally (not state registation) in many southern states.

I have asked USCG and NJ State Troopers about this issue. I have never received a consistent answer. I have a license to own guns (including handguns). I treat my boat like my home and business. You are allowed to have guns and carry them in both.

I do not carry one on board in NJ, but I believe I have every right to do it.

I am not a lawyer, but no one in law enforcement has told me it is illegal to transport a gun in NJ waters.

Irish Ayes - do you have any insight ... I understand if you want to sit this one out.

Thanks,

Ed

[hareball]

i'd feel much better with protection on board. i'm sure alot of the boats offshore could have well over $10k in reels alone.

[IrishAyes]

Guys, this information comes from Chapter 2C - the Code of Criminal Justice for the State of New Jersey.  My interpretation of the code is in italic.  What I would consider key words/phrases are in bold.  This is not the entire Chapter on firearms and weapons nor is it intended to be.  It is information that was asked about in the post and refers to Possession of a Firearm while actively engaged in the sport of fishing or traveling to or from your vessel.  For these things to be considered you must also be in lawful (certain felons can not be in possession of a firearm) possession of a valid Firearms Purchaser Identification Card which is available from your local police department.  Excerpts were taken from the 2C manual and are not listed in any particular order in this post.
I apologize for the length of this post.

Definition:
"Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances. It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.
A bang stick would fall under this definition.

2C:39-5. Unlawful Possession of Weapons.

c. Rifles and shotguns.
(1) Any person who knowingly has in his possession any rifle or shotgun without having first obtained a firearms purchaser identification card in accordance with the provisions of N.J.S.2C:58-3, is guilty of a crime of the third degree.
(2) Unless otherwise permitted by law, any person who knowingly has in his possession any loaded rifle or shotgun is guilty of a crime of the third degree.

Section (1) says that you can not have a rifle or shotgun without a Firearms Purchaser Identification Card on you.
Sections (2) says that if you do have the card on you, you can not have the weapon loaded. That is, unless/until you are lawfully using the weapon. (Hunting, etc).

f. Nothing in subsections b., c. and d. of N.J.S. 2C:39-5 shall be construed to prevent:

2) A person carrying a firearm or knife in the woods or fields or upon the waters of this State for the purpose of hunting, target practice or fishing, provided that the firearm or knife is legal and appropriate for hunting or fishing purposes in this State and he has in his possession a valid hunting license, or, with respect to fresh water fishing, a valid fishing license;


Put in basic language it say that you can carry a firearm on a boat as long as there is a proper purpose for the activity you are engaged in and you have a firearms purchaser id card.  If you were shark fishing, a bang stick or shotgun would be appropriate.  If you were fishing for most anything else, you may have a problem if you had a firearm aboard your vessel.  

(3) A person transporting any firearm or knife while traveling:
(a) Directly to or from any place for the purpose of hunting or fishing, provided the person has in his possession a valid hunting or fishing license;
(License is not needed for salt water fishing.)

(4) A person from keeping or carrying about a private or commercial aircraft or any boat, or from transporting to or from such vessel for the purpose of installation or repair a visual distress signaling device approved by the United States Coast Guard.

This pertains to your flare gun.

g. All weapons being transported under paragraph (2) of subsection b., subsection e., or paragraph (1) or (3) of subsection f. of this section shall be carried unloaded and contained in a closed and fastened case, gunbox, securely tied package, or locked in the trunk of the automobile in which it is being transported, and in the course of travel shall include only such deviations as are reasonably necessary under the circumstances.

In other words, don’t carry in your glove box, under the seat, in the console, etc.  Put the weapon, unloaded and with the ammo stored separate, in the trunk of the car.  In a pick up truck, put it where it is not readily accessible and in a locked container.
Do not stop at the local watering hole.  Do not stop at Walmart because they have this great sale going on.  Go directly to your destination.

If you are under the assumption that a boat can be considered a second home and thus the firearms law pertaining to possession in your home comes into play, you may want to consider this.  Your boat is mobile, much the same as your car.  You do not expect to be able to carry a firearm in your car, except to transport as mentioned above.  Therefore, I feel this argument can be won or lost depending on the circumstances.  If you are on an 18 foot center console it is quite obvious that you would not be using this as a home.  If you are at your dock on a houseboat or 30 foot cabin boat, etc, this may be a different story and have a different outcome.  There are people who live aboard their vessel. However, if you are underway, this would probably negate the second home claim. 
All factors would be considered if you were boarded and found to be in possession of a firearm. If I were asked, it would be my advice in most instances to not carry a firearm on your vessel except when you are shark fishing.
This is not intended to be legal advice of any manner.  This information is only intended to give you information on what is listed in the New Jersey Code of Criminal Justice.  It is not intended to be a complete description of the gun laws in New Jersey.  Every incident where the possession of a firearm is involved would be investigated on a case by case basis. This is not to be considered to be an official answer to anyones question.  It is just my take on the situation. 

Capt Ed.
To answer your question about having a firearm in your business.  This is the NJ law on that particular issue.
e. Nothing in subsections b., c. and d. of N.J.S. 2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

[Capt. Ed]

Hi Joe,

Wow ...

A big thanks ... I never got a full answer like that.

Folks - there is the answer, chapter and verse.

I love this site,

Ed

[intili61]

Thanks IrishAyes, excellent post and extremely comprehensive, my choice would and is a stainless revolver for shark fishing, (don't own stainless 12 Ga)and since i trailer it would be in the boat cabin in locked box, with ammo seperate, as well as copy of permit to own and FID card in wallet, sounds like i am OK, if boarded by coast guard the correct answer would be yes, fire arm on board, unloaded in locked case, going or in process of shark fishing...............sound good?