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Posted: Monday, April 12, 2010 1:02 PM
Joined: 03/08/2009
Posts: 2

Yacht A Mistake A British yachtsman who kept a sawn-off shotgun for, “protection against piracy” was jailed for a year, last month. Nicholas Tomory, admitted having the pump-action Beretta on board his yacht in Brixham harbour, Devon. His defence lawyer said the intrepid sailor intended to head to the South Pacific and would need the weapon if he "encountered some problems in international waters". Exeter Crown Court was told "piracy is not a myth", but this was rejected by the judge who said: "Not in Brixham." Plymouth, maybe – but not in Brixham! The prohibited gun was found on board Tomory's boat, "VX Acora", when it was raided by UK Border Agency officers last October. Defence lawyer Mary McCarthy told the court it was "well known in the yachting community that weapons of this type are carried". But Judge Graham Cottle said the sailor, who had no previous convictions, had possessed the gun for 20 years after disarming a man at a party in Bristol. The gun slinger faced a mandatory five year jail sentence, but this was reduced to 12 months by Judge Graham Cottle. "I accept you had no criminal intent in relation to that weapon." the judge told Tomory. So, before you go disarming too many men at parties, think of the consequences of having firearms onboard. It doesn’t make any difference where you are heading, even if you do intend to sail into Middlesbrough or up the Mersey...guns are not allowed. BACK TO TOP
Posted: Monday, April 12, 2010 2:01 PM
Joined: 14/01/2009
Posts: 1026

The British practice thorough vessel inspection . Not a good idea to have any undeclared regulated items on board . Pay particular attention to your pyrotechnics. Non SOLAS pyrotechnics will cause you trouble. A flare pistol cost me 4 coffees, a box choc chip cupcakes and many sincere promises never to again carry one undeclared in British waters..
Posted: Tuesday, April 13, 2010 5:51 PM
Joined: 14/10/2008
Posts: 33

Well, there IS no culture of ordinary citizens to carry or own firearms other than for hunting or competition, and this is tightly controlled, in Europe. It is also not necessary, in my humble opinion. Often lands you in much more serious trouble than just having your wit about you. Safe sailing, all!
Posted: Tuesday, April 13, 2010 7:53 PM
So here is a thought,if he had the gun for near on 20years when exactly was he due to head for the pacific etc? Furthermore I took over a vessel in European waters that happened to have to flare guns with shells and no available paperwork. Do I notify the authorities? Had one official advise me to avoid the drawn out paperwork to come and just dispose of it overboard. The term MARPOL come to mind? Any advise..

Posted: Tuesday, April 13, 2010 8:45 PM
Joined: 14/01/2009
Posts: 1026

YES......The key is to declare any items that you view as suspect. Guns, Fuel, Booze, Flare pistols, Money, Drugs..... When a captain voluntarily comes forward and declares, he will not be prosecuted. Its possible that the guns or whatever is not permitted is taken off the vessel until departure and that you must pay duty on the wrong colour diesel in your tanks or the 45 cases of champagne in the bilge . Each country has its own laws and since its never possible for you to know which country you may visit, nor everything about its laws , it best to be straight forward ,honest and declare it. If you are unaware of the contents in the owners safe...declare it. And as your friend pointed out unless you like to fillout forms , do mountains of paperwork and visit police headquarters...never carry firearms.
Posted: Wednesday, April 14, 2010 10:13 AM
Joined: 05/08/2008
Posts: 83

I don´t see that when this guy had the shot gun onboard that it isn´t any different than having it in his house. The stupid UK laws let criminals away with knife crimes, serious assaults and they get less than this guy did. Incredibly stupid result, I do feel sorry for the guy and to be honest, think about it, the UK is a dangerous place. Forget the possibility of pirates farthe South, there is enough of them in Britain! This guys sentence was stupidly ridiculous. He would have been better to have driven drunk through the streets of any London borough, smashed up 6 cars and ended up being arrested for doing it, the sentence would have been much less.

Capt Kaj

Posted: Thursday, April 15, 2010 12:52 PM
Joined: 12/12/2008
Posts: 22

Didn't this same scene play out last year in Mexico? There's a different set of rules everywhere you go.
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