Guns on a Boat, Yes or No?

[atoll]

Originally Posted by Rustic Charm

I thought as much. UNCLOS does not regulate to Sovereign countries what their import and export laws are to be.

The import and export of weapons into Australia is governed by Australia's
Customs (Prohibited Imports) Regulations 1956 and the Custom's act of 1901.

And as I started off saying, 'import and export' meanings are simply 'bringing and taking'. It might have different meanings in other countries, but in Australia you 'import' if you bring an item into Australia.

Likewise states have the same meaning. When I was a state police officer, and I caught someone bringing something illegal into our state, I would charge them with 'importing' the item. Whether they were intending on leaving with it again was completely immaterial..

I'll follow up on your advice that in 2010 they took your weapons and sealed them in black bags and then transported them to Darwin for you. I was under the impression this was not occurring any more, since around 2007 I think. But in any case, 'transiting' means you don't leave your vessel. Someone can 'transit' to many of our islands in cases of emergency and when you do, you must not leave the vessel. But you must still declare any weapons. In the case of an emergency transit, you may get away with it, with possibly confiscating your weapon and giving it back when you leave, I'm not really sure about that.

But written authority is needed to 'bring' a weapon into Australia and it's about 4 weeks, not 96 hours. The 96 hours refers to arriving yourself, not the importation (bringing) of weapons into Australia.

I'm not sure how arriving at Bundaberg and then leaving in Darwin is 'transiting' though? I'd presume you were not permitted to leave the boat?

that applys to Australian citizens importing a firearm.

this applies to foreign visiting yachts as published by the Australian customs in 2013.
Customs


Firearms must be declared on entry. All military-type firearms (greater than .22), machine guns, pistols, revolvers, ammunition, as well as flick knives and knuckledusters are prohibited imports, and will be sealed on board or taken into custody at the first port of entry. Arrangements can be made to transport them to the port of departure if sufficient notice is given of that port and the date of departure. Sporting rifles and shotguns may be kept on board if a permit is obtained from the police and there is a suitable storage facility. This last condition also applies if prohibited imports are to be sealed on board.

Foreign yachts may now be temporarily imported into Australia for up to 3 years without paying duty or Goods and Services Tax. This can be accumulated over different seasons, however after the maximum 3 year period, yachts must be away from Australia for two years before being allowed back into Australia - otherwise duty and GST are payable immediately.
Direct any enquiries to information@customs.gov.au

[Rustic Charm]

Originally Posted by atoll

that applys to Australian citizens importing a firearm.

this applies to foreign visiting yachts as published by the Australian customs.
Customs


Firearms must be declared on entry. All military-type firearms (greater than .22), machine guns, pistols, revolvers, ammunition, as well as flick knives and knuckledusters are prohibited imports, and will be sealed on board or taken into custody at the first port of entry. Arrangements can be made to transport them to the port of departure if sufficient notice is given of that port and the date of departure. Sporting rifles and shotguns may be kept on board if a permit is obtained from the police and there is a suitable storage facility. This last condition also applies if prohibited imports are to be sealed on board.

Foreign yachts may now be temporarily imported into Australia for up to 3 years without paying duty or Goods and Services Tax. This can be accumulated over different seasons, however after the maximum 3 year period, yachts must be away from Australia for two years before being allowed back into Australia - otherwise duty and GST are payable immediately.
Direct any enquiries to information@customs.gov.au

I'm sorry, but it does NOT just apply to Australian Citizens. In fact it has nothing to do with being a citizen or not. Foreigners entering Australia are compelled by the same laws as any other person in Australia.

And let's keep the 'importing of a yacht' out of it as that's another discussion that's got nothing to do with 'weapons'.

Do you have a link to where you got this publication from? As I'm suspecting it's purely relating to 'transiting'. And the approval process still I suspect applies as it indicates. However, I struggle to believe the custom's have advised the last bit about 'this last condition also applies if prohibited imports are to be sealed on board'.

But I'll check it out.

[atoll]

Originally Posted by Rustic Charm

I'm sorry, but it does NOT just apply to Australian Citizens. In fact it has nothing to do with being a citizen or not. Foreigners entering Australia are compelled by the same laws as any other person in Australia.

And let's keep the 'importing of a yacht' out of it as that's another discussion that's got nothing to do with 'weapons'.

Do you have a link to where you got this publication from? As I'm suspecting it's purely relating to 'transiting'. And the approval process still I suspect applies as it indicates. However, I struggle to believe the custom's have advised the last bit about 'this last condition also applies if prohibited imports are to be sealed on board'.

But I'll check it out.

link is here,and it was last updated in 2014,and 2013 directly quoted from the aus customs website. with links if you care to check.

Australia — Noonsite

[Rustic Charm]

Originally Posted by atoll

link is here,and it was last updated in 2014,and 2013 directly quoted from the aus customs website. with links if you care to check.

Australia — Noonsite

Ta, I'll follow it up today.

[atoll]

Originally Posted by Rustic Charm

Ta, I'll follow it up today.

please do and as an aussie police officer it would be great to have a definitive answer if regulations have changed,which I doubt as it is pretty general the world over for vessels with restricted items onboard,that they are either sealed onboard or taken into custody,but returned on departure.

be sure to specify foreign flagged vessels when making your enquiries

[Rustic Charm]

Originally Posted by atoll

please do and as an aussie police officer it would be great to have a definitive answer if regulations have changed,which I doubt as it is pretty general the world over for vessels with restricted items onboard,that they are either sealed onboard or taken into custody,but returned on departure.

Ex police officer. I've not been a cop since 2000. Though I'm still in an area of law enforcement, sort of. During lunch I'll walk down to Custom's office and show them this and see what they have to say.

[atoll]

Originally Posted by Rustic Charm

Ex police officer. I've not been a cop since 2000. Though I'm still in an area of law enforcement, sort of. During lunch I'll walk down to Custom's office and show them this and see what they have to say.

great,be sure to specify that the vessels in question are foreign flagged,not being imported into Australia,and by non Australian citizens.

just passing through as tempory imports

[IdoraKeeper]

Originally Posted by a64pilot

I'm just pleased it hasn't gone down the emotional road yet, surprised, but pleased.

I think we should drift back to the dangers of deep fryers....can you imagine? Stirring your turkey with your gun barrel and then an intruder tries to steal your dingy. You race on deck and burn the cr#p out yourself cause you were cooking dinner and now you are defenceless? The real menace emerges. Just sayin.

[atoll]

Originally Posted by IdoraKeeper

I think we should drift back to the dangers of deep fryers....can you imagine? Stirring your turkey with your gun barrel and then an intruder tries to steal your dingy. You race on deck and burn the cr#p out yourself cause you were cooking dinner and now you are defenceless? The real menace emerges. Just sayin.

you will be pleased to know the fat fryer is back online,posting pictures of himself no less

[Rustic Charm]

Bringing weapons into Australia

Atol is right, I'm wrong (again)

After a chat with Customs about visiting vessels (all visiting vessels are registered elsewhere), which are carrying any designated weapon, prohibited weapons or restricted, all you have to do is declare them as being on board when you contact the port of arrival, being at least 96 hours prior.

Upon the usual inspection, if your weapon and ammo is appropriately stored and can be safeguarded such as in an onboard gun safe, Customs will then 'seal' the locked locker with a seal which is tamper proof. If it is tampered with upon final inspection at your port of leaving you will be prosecuted.

If you are carrying weapons of a particular nature, e.g prohibited weapons, which usually included automatic weapons, they 'May' be seized and as Atol says returned to you at your expense at your port of leaving. This is discretionary on the officers at the time. It all depends on whether they believe they are safe enough to be left on the vessel.

Always declare and you will always NOT be prosecuted. He must have a bit of a sense of humour because he then stipulated that if you declare a kilo of coke, then you will still be prosecuted.

The four weeks notice relates only to the purchase by Australians of restricted items such as weapons for the importing into Australia.

And of course, none of this applies to Australian registered vessels of which the usual state or territory, and federal laws apply even if you are coming from over seas. Though 'declare' and you will avoid prosecution (unless it's a kilo of coke).

[Dockhead]

Originally Posted by Rustic Charm

I thought as much. UNCLOS does not regulate to Sovereign countries what their import and export laws are to be. . .
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It does, in fact. UNCLOS is a convention (that is, a multilateral treaty) which Australia signed, therefore obligating Australia to harmonize its laws with the terms of the convention. So it exactly regulates this case.

[Rustic Charm]

Originally Posted by Dockhead

It does, in fact. UNCLOS is a convention (that is, a multilateral treaty) which Australia signed, therefore obligating Australia to harmonize its laws with the terms of the convention. So it exactly regulates this case.

okay, I'll concede the point if you can direct to 'where' in the unclos it refers to the any expectations about bringing 'weapons' into countries ?

And in any case, Australia has been quite will-fully ignoring several conventions with our currant government for some time. Our government will ignore anyone coming by boat who claims asylum and imprison them, will even kidnap people outside in International waters. We are even following your US example and locking kids up in jail.

[El Pinguino]

Originally Posted by Dockhead

It does, in fact. UNCLOS is a convention (that is, a multilateral treaty) which Australia signed, therefore obligating Australia to harmonize its laws with the terms of the convention. So it exactly regulates this case.

In fact, no it doesn't. Unclos has nothing to do with importing or exporting anything at all...
United Nations Convention on the Law of the Sea - Wikipedia, the free encyclopedia

[El Pinguino]

Originally Posted by atoll

great,be sure to specify that the vessels in question are foreign flagged,not being imported into Australia,and by non Australian citizens.

just passing through as tempory imports

According to your own statement a few posts back a foreign flag yacht entering at Bundaberg and clearing at Darwin has indeed been imported if only temporarily ...

"Foreign yachts may now be temporarily imported into Australia for up to 3 years without paying duty or Goods and Services Tax. "

Whether the yacht stays for 3 weeks or 3 years its status is the same whilst in Australia.... I see no 'in transit' classification....

[jackdale]

For any planning on visiting Canada, remember the words of Kenny Rogers

bsf5044: Importing a Firearm or Weapon Into Canada