Practical and legal implications of the carriage of firearms

There are many valid arguments for and against the carriage of firearms on ships. This short article will attempt to balance some of those arguments and provide a measured analysis of the practical issues to consider when putting firearms onboard.

What must be recognised from the outset, however, is that piracy has increased not only in recent years but alarmingly over the course of 2008/9. Incidents are still few when one considers the large expanse of the oceans; nevertheless, it is an issue that must be considered as part of any ship's passage planning phase. Indeed, it is self evident that the shipping community is taking a pragmatic approach to this problem as revealed by the number of ships seeking the protection of convoys.

Practical guide to carrying firearms. Why carry them?

Self help in an emergency
It can be argued that carrying firearms is a pragmatic solution to the increasing organic threat and the inability of outside agencies to provide swift assistance.

The multi national task force CTF 151 or other forces will not be able to provide close protection or any direct assistance in every case despite the existence of the International Transit Corridor.

Note that if you study the IMO reports on piracy attacks, many more attacks are thwarted than are successful through a combination of manoeuvring, use of hoses and the obvious defence of speed.

Is it lawful to carry firearms?
This depends of several factors.

• Flag State your yacht is registered with
• Area you are likely to operate in.
• Type of firearm

Flag state
The nationality of ships is governed by the United Nations Convention on the Law of the Sea. Under International Law each State may determine for itself the conditions on which it will grant its nationality.

Article 91 nationality of ships

1. Every State shall fix the conditions for the grant of its nationality to ships, for the registration of ships in its territory, and for the right to fly its flag. Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship.
2. Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect.

The carriage of firearms on ships depends on the law of the country in which your ship is registered. For example, if your ship is UK Flagged, then English law applies. A UK Flagged ship is entitled to carry a shotgun as part of the ships equipment. It is permitted to carry other firearms but these must be purchased outside the UK and the ship must not return to UK waters. If it does then the firearms may be seized by customs.

This similar pattern applies dependent on where your ship is registered, where you buy the firearms and where you intend to travel to and from.

So the first step is to see what law applies to your ship, what firearm you want and then where you are likely to travel to and from.

International law
High Seas and Territorial waters - Carriage of Firearms

What is the position if your ship embarks firearms in accordance with the law of your Flag State but then embarks on a global cruise on the high seas and into different countries territorial waters?

Answer
The United Nations Convention on the Law of the Sea governs the rules relating to activities both on the high seas and in territorial waters.

There are various issues to examine:
Ship on the high seas carrying firearms

The basic principle under customary international law is that only the Flag State is entitled to exercise jurisdiction over a ship/yacht on the high seas. Therefore there is no legal prohibition on having firearms onboard on the high seas.

Article 92 status of ships
1. Ships shall sail under the flag of one State only and, save in exceptional cases expressly provided for in international treaties or in this Convention, shall be subject to its exclusive jurisdiction on the high seas. A ship may not change its flag during a voyage or while in a port of call, save in the case of a real transfer of ownership or change of registry.

Ship carrying firearms in the territorial waters of another state

The position is more complex. Whilst the ship itself is considered to be the Flag State territory, the ship by entering the territory of another state is subject to that states jurisdiction and laws.

Accordingly it is important to investigate the law and customs procedures in respect of all ports visited to ensure that the requisite permissions are obtained.

From experience of the above, most countries do not prohibit the entry of ships carrying firearms into their jurisdiction providing they declare them on arrival and they are suitably secured onboard and sealed during the time in port.

For example at Port Said following is required:
A list of firearms, with their type and details, must be handed to the authorities on arrival.

Indeed in the UK, whilst most firearms are prohibited the customs authorities normally adopt pragmatic arrangements in respect of prohibited firearms and require the ship to secure them by customs seal during the visit or arrange for them to be removed for safe storage until departure.

The best stance to take is to have shotguns onboard. These are not prohibited in the majority of countries providing you declare them to customs and they are secured in a suitable gun cabinet.

There are obviously some difficult administrative issues to contend with initially, but by and large having shotguns onboard a ship does not present insurmountable problems.

Type of firearm
Every country has different laws on what firearms are prohibited. The USA has a relatively relaxed rule regarding the purchase and possession of a range of firearms. The UK, for example has very strict rules, however, and all handguns, semi automatic and automatic shotguns and firearms are prohibited.

Therefore the type of firearm you want limits where you can purchase it from and where you can travel to and from.

Fictitious examples
UK flagged ship
Mr Jones wants to embark semi automatic shotguns on his ship.

• Cannot purchase them in the UK
• Must purchase them overseas
• Cannot enter UK territorial waters or firearms may be seized

Must ensure that countries he visits do not prohibit these weapons.

Bermudan flagged ship

• Mr Bloggs wants to embark M4 semi automatic carbines.
• Must purchase them from a country permitting sale of these firearms.
• When entering territorial waters of other countries must declare them in advance and often customs will require them to be removed and kept in bonded secure storage until departure.

Marine insurance and liability
It is very important that the ships insurers are kept fully appraised if firearms are carried.

There are potential liability issues to consider if someone caused damage or injury and were negligent in doing so. There is insufficient space to examine this matter here, suffice to say that marine insurers must be informed.

Conclusion
The decision to carry firearms is a personal one that must be taken after considering the following factors:

• Where your ship is registered and where it is moored.
• Countries you are planning to travel to and from.
• Type of firearm you intend to carry.

In practical terms and with proper planning, the carriage of firearms on a ship should be trouble free. It provides a ship with another option in the event of an attack where all else fails. Again, it is matter for each individual to decide upon.