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firedude

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Posted: 11/05/08 07:07pm Link  |  Print  |  Notify Moderator

A.C. guy wrote:

The laws state that when your TT is unhooked with the levelors/ stabilizers extended, then it is your home as far as search and seizure, and self defense are concerned. When connected to the tow vehicle, it is an extension of the vehicle and the laws that apply to carry and possession in a vehicle are then applied to the TT.


Which laws? What states of federal? Do we have a reference? I think that would be of great benefit.

* This post was edited 11/05/08 07:42pm by firedude *

JAXFL

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Posted: 11/06/08 04:50am Link  |  Print  |  Notify Moderator

firedude wrote:

A.C. guy wrote:

The laws state that when your TT is unhooked with the levelors/ stabilizers extended, then it is your home as far as search and seizure, and self defense are concerned. When connected to the tow vehicle, it is an extension of the vehicle and the laws that apply to carry and possession in a vehicle are then applied to the TT.


Which laws? What states of federal? Do we have a reference? I think that would be of great benefit.


Also that is for a TT, what about a MH?


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trkrhelp

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Posted: 11/06/08 04:58am Link  |  Print  |  Notify Moderator

firedude wrote:

A.C. guy wrote:

The laws state that when your TT is unhooked with the levelors/ stabilizers extended, then it is your home as far as search and seizure, and self defense are concerned. When connected to the tow vehicle, it is an extension of the vehicle and the laws that apply to carry and possession in a vehicle are then applied to the TT.


Which laws? What states of federal? Do we have a reference? I think that would be of great benefit.


I'd be interested in seeing some citations on that as well. Actually the laws regarding Search & Seizure vary from state to state, so it really depends on where you are. But here's a case where the supreme court held that S&S of a parked motorhome was legal - (California v. Carney, 471 U>> 386 (1985). Here's an interesting intpretation of that law on how to determine whether a motorhome is a vehicle or a residence from the North Carolina Justice Academy which is probably a guide that would hold up in most places.

Here's an interesting article from Escapees originally that makes the point that it will depend a great deal on WHERE YOU ARE how your motorhome will be viewed - in a Walmart or other boondocking location it's probably a vehicle, in a RV park with full hookups it's probably a home. Escapees Article

This is a very gray area and there are no written in stone rules on it. It varies from state to state and from situation to situation. If you want a lot more - google California v Carney.

* This post was edited 11/06/08 05:37am by trkrhelp *


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DC&MC

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Posted: 11/06/08 07:54am Link  |  Print  |  Notify Moderator

I've been a camp host in several National Parks. We carry 2 pistols. Never have been asked if we have a gun. Of course, we don't get it out, it is kept hidden in the motorhome. I don't plan to cross into Canada as long as we have a gun in the vehicle.


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cruiserjs

Aurora, CO, USA/ Mesa AZ/ openroad

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Posted: 11/06/08 08:42am Link  |  Print  |  Notify Moderator

"I've been a camp host in several National Parks. We carry 2 pistols. Never have been asked if we have a gun. Of course, we don't get it out, it is kept hidden in the motorhome. I don't plan to cross into Canada as long as we have a gun in the vehicle."

Camp hosts in NPs and NFS cgs should be held responsible for following the rules!! NPs generally forbid firearms except by qualified employees. Shame on you!

And this post is NOT in any way an anti-gun suggestion.


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firedude

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Posted: 11/06/08 08:52am Link  |  Print  |  Notify Moderator

I can tell you with authority and reference that weapons are NOT allowed in California state parks. Anytime you are on state property you are subject search.

Kirk

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Posted: 11/06/08 07:16pm Link  |  Print  |  Notify Moderator

Firedude wrote:

I can tell you with authority and reference that weapons are NOT allowed in California state parks. Anytime you are on state property you are subject search.
How many times have you seen this happen?


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firedude

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Posted: 11/06/08 07:48pm Link  |  Print  |  Notify Moderator

Kirk wrote:

Firedude wrote:

I can tell you with authority and reference that weapons are NOT allowed in California state parks. Anytime you are on state property you are subject search.
How many times have you seen this happen?


In my almost 6 years as a host Kirk I've seen it happen on many occasions. In each occasion the subjects brought it on themselves by their own behavior and actions. It's state law and if the LEO deems it necessary and has probable cause he is within right. Now I worked for the state and and just like any other state property the fire stations were subject to search at any time and yes on occasion they (our LEO's) would do so. I might point out as well in each case that I'm aware of the weapons were kept and NOT returned to the owners. 2 were assault rifles of all things which became property of DPR at the Hearst Castle armory lol.

These subjects in most cases were not your average RV'er, but still a citizen and they found out through their own actions. It is state law that firearms are NOT allowed on state property unless carried by an LEO. In all reality the state LEO does not need a warrant nor probable cause although most times PC is the key. Why? because it is law and a posted order so only a suspicion is needed for search and seizure on state property. This escalated quite a bit post 9-11 let me tell you. While still on the job I partook in some search and seizures myself. They were done just out of confidence and enforcement.

I keep saying people should ask and obtain correct info from the jurisdiction they are in for accurate info if in question. irregardless of your RV being considered your home or not if you are on state property you ARE subject to search and seizure. Period. In most cases like I said it was brought on directly by the subjects themselves. One incident involved a camper mad at another and told him he was going to get his gun and shoot the other guys tires out. It was all huff and puff. Search and seizure time, no warrant needed. The funny part on that was the idiot didn't even have a weapon, but had to run his mouth and in the process his RV ripped apart looking for a non existent weapon.

No rangers or CDF LEO's just don't go around doing search and seizure because they are bored, BUT give them a reason and yes you bet it will happen. Seen it, been there and done it.

On edit.. Ca. State parks CCR (Ca. Camping Regulations (law)...

LOADED FIREARMS AND HUNTING are not allowed in units of the State Parks System. Possession of loaded firearms or air rifles is prohibited. Exceptions are for hunting in recreation areas that have been designated by the State Park and Recreation Commission.

Most ca. "campgrounds" are NOT designated for hunting.

* This post was edited 11/06/08 08:00pm by firedude *

trkrhelp

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Posted: 11/07/08 06:01am Link  |  Print  |  Notify Moderator

Any idiot who says they are going to go get their gun and ...... deserves to have their car/coach/trailer torn up looking for their weapon and to have it confiscated

firedude

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Posted: 11/07/08 06:17am Link  |  Print  |  Notify Moderator

trkrhelp wrote:

Any idiot who says they are going to go get their gun and ...... deserves to have their car/coach/trailer torn up looking for their weapon and to have it confiscated


That was only once and an extreme case lol and you're right!

My point was to pre warn people about Ca. state property including campgrounds. Kirk asked a question and I answered. Areas differ so much, but I can speak on the state here. Common sense must prevail. Most the instances were not that entailed. The OP asked and I gave them only one example where weapons are not allowed period and search and seizure is at the discretion of the LE agency. Unless you are an LEO. Does it happen? Yes indeed. Often? Nah, but if does happen. Most likely in a Ca. state park/campground you'll never be asked anything about weapons. Give the LEO a reason and be prepared to have your rig searched and your weapon seized. Plain and simple.

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