By Jerry Capeci

But the U.S. Coast Guard and the Key West Police apparently didn't like the looks of his two passengers, a Browning and Mossberg, that is, a loaded Browning .380 semi-automatic pistol and a Mossberg 12-gauge shotgun.

Persico, 45, has avoided any run-ins with the FBI since he was acquitted in 1994 of federal racketeering charges and released from prison. The college-educated, heir apparent to the Colombo family throne   could go back to prison for up to 10 years.

According to Key West police, the Coast Guard Cutter, "Courageous," was  on routine patrol early Sept. 4 and stopped the "Lookin' Good."A boarding party searched the boat and found the loaded weapons.

At this point, Persico got a big break. Everything else about the boat was in order and a check with headquarters failed to turn up a prior conviction that would have automatically barred him from possessing a gun. After unloading the weapon, the boarding party departed and the Courageous resumed its normal routine.

Based in Panama City, the Courageous (left) is a 210 foot ship equipped with three high powered machine guns and a crew of 75 that covers some 6000 miles of ocean. During a recent Caribbean patrol, it rescued a disabled fishing boat drifting toward rocks off St. Thomas, removed  2300 passengers from a cruise ship aground off St. Martin, and launched its helicopter to retrieve 22 bales of cocaine off the south coast of Puerto Rico.

At about 1 a.m. on Sept. 5, the Coast Guard discovered Persico's 1986

federal racketeering conviction, and dispatched Coasties from the station in Key West to the marina where the Lookin' Good was docked, found Persico on board, and searched the boat again.

You'd think that a bright, prison-hardened gangster like Persico would have breathed a sigh of relief, and as soon as the Courageous was out of sight, dumped both guns overboard. 

After an initial search, Key West police who accompanied the Coasties,  figured Persico had at least tossed the handgun when only the shotgun was found -- Persico said it came with the boat. But the boarding party radioed the "Courageous," got a "detailed location on the second gun," found it loaded in a small black bag with his wallet and credit cards, seized both   weapons and arrested him, police said.

Eventually, because federal penalties are more severe, police and county prosecutors deferred to the feds, who last week obtained an indictment, which, in addition to the jail time, carries a maximum fine of $250,000.

Persico, clad in designer jeans, an open neck shirt and blue suede loafers, surrendered last Thursday and pleaded not guilty before U.S. Magistrate Judge Barry Seltzer. He was released on a $1 million personal surety bond.

In 1986, Persico, then a capo, was convicted with his father and then-boss Carmine (Junior) Persico (right) of racketeering charges. As Alphonse was about to be released in 1993, he was charged with racketeering and murder for allegedly conspiring with Colombo mobsters loyal to his father to kill rival gangsters in a bloody 1991-1992 war over control over the family.

At least 10 persons, including two bystanders, were killed as a rival faction headed by Victor (Little Vic) Orena (left) fought against Carmine Persico's wish to turn over the family's reigns to Alphonse upon his release from prison.

In August 1994, Alphonse was acquitted of all charges. Persico, who had taken some pre-law classes in two and a half years at St. John's University, played a large role in the acquittal.

"We were a team," said trial lawyer Barry Levin. "He was instrumental in preparing his own defense, and he worked as hard as any lawyer I have ever worked with."

Indeed, during the height of the Colombo war Persico had a tape recorded conversation in which he often sounded more like a lawyer than the attorney he was speaking with.

On Jan. 6, 1992, from his federal prison cell in Milan, Michigan, Persico called lawyer Stanley Meyer, who represented him at his 1986 trial, at home, to express regrets over the death of Meyer's mother.

At the time, Meyer was representing three members of the Orena faction that was killing Persico loyalists on gun charges. You could never tell it from their talk. Persico wished him luck:  "I hope you win. Any win is good."

Several times, Persico punched holes in Meyer's legal analyses of the laws  regarding weapons possession, federal parole and probation. Meyer said he was confident of getting the state weapons charges dismissed, and avoiding any federal charges, but Alphonse was very skeptical: "Just possession as a felon is a violation," he said.

When Meyer said he might be able to win a dismissal because the words of a particular statute were "to receive," not "to possess" a gun, Persico scoffed at the difference. "Well, if you receive it, it's in your possession."

Meyer eventually conceded: "I know you know more about this than me."

Persico's legal analysis was sound then -- the three Orena members were all convicted -- and is sound today. Persico must be kicking himself for some things he did -- and others he didn't do -- last Labor Day weekend.

Federal agents yesterday nabbed Alphonse "Little Allie Boy" Persico -- the reputed acting head of the Colombo Crime family -- as he was relaxing on his yacht and held him on gun charges, officials said.

"We caught him on a yacht near Fort Lauderdale with a shotgun and a 9mm pistol in his possession," an FBI spokesman told The Post.

"So our agents took him in," he added.

The spokesman gave few other details but said the FBI agents were acting on a tip that led them to the mobster's boat.

Last week, Gang Land identified Guerra, 33, a suspected drug dealer in the late 1980's, as the "Frank" who escaped prosecution when Frank Smith (right) was wrongly arrested and convicted in 1989 of dealing heroin for Persico's cousin, Theodore Persico Jr.

Years later, Guerra told Smith's mother he was the Frank in the Theodore Persico case and wanted to come forward so her son could be released, but he ultimately refused to plead guilty to the drug charges on orders from Theodore Persico,according to FBI documents.

In late 1991, during the Colombo war for control of the family, rival gangsters had targeted Guerra but he was nowhere to be found when they invaded his bagel store and killed an 18-year-old worker.

And last Labor Day weekend, when the Coast Guard made a surprise call on Alphonse Persico, fate smiled on Guerra again.

This week, as we fine tune our seventh Gang Land contest, we're skipping our usual discussion in this space for a special  announcement about our esteemed editor extraordinaire, Hap Hairston. He doesn't look it, or act it, but he just hit the half a century mark.

Happy 50th Birthday Hap! 

On The Record will resume its normal programming next week.