Laws Regarding an RV

[Stubob]

this was emailed from a Veteran. This is an interesting question. Any thoughts? :?


I am a frequent RV'er and have often heard other RV'ers say that they
carry firearms into other states for "protection" as well as stat they
would not allow a vehicle search because "it is their home." Such
people are wrong on two counts. I had read of a ruling about vehicle
searches or RV's in a magazine. An RV is just a motor vehicle and
subject to search, even in an RV park or camp ground. The exception
comes if the space is rented by the month when it then becomes a
residence.

[nodaywithout]

here is another question to add to that, Does it make a difference if it is parked on private land?

[Genghis77]

Glad you asked. Yes it does, providing the private land is yours or at least that of a family member. But in a private RV park you are subject to search without warrant until your RV has been there for 30 days and you are also paying by the month.

I once was going to be a campfround host in a US Forest campground. A a Federal employee, I would not be allowed to possess firearms though. I'm not folish to be the only one unarmed. I declined the position.

[Bill of Rights]

I'm not sure the exact details on that, but I think it differs from state to state. Some do recognize it as a home and thus allow you to carry while inside just as you could in your fixed home. Other states regard it as just a motor vehicle without any more right than if you were in any private car.
If you're RVing, check the laws where you're going, either with the state police or with whichever authority is listed right here on this site, on the state pages covered by your route.

Blessings,
M

[nodaywithout]

I do believe i have fould an answer to the questions about gun laws for rv's .
Go To
http://www.handgunlaw.us/

[Bill of Rights]

Good pointer, nodaywithout! I originally saw that there were differences back on PDO, but of course, that reference is gone now. I'm not sure why I forgot about handgunlaw.us, but I'm glad you had my back. :)

Blessings,
M

[Genghis77]

Main mistake is that too many RV'ers think of it as their home. There was a Federal ruling about 15 years ago that said, no, an RV is a motor vehicle. I remember reading it in the Good Sam's magazine. It is most often the disgression of the officer stopping you as to search. Might be suprised at just how many senior citizens are hauling dope and armed to the teeth.

I have long been an NRA member and used to have a few of the common pro gun bumper stickers. No more! I don't advertise anything to anyone that could follow me to my residence. Course your house might be different and have alarms and a really strong gun safe. But I decided against advertising to attract potential trouble.

[Bill of Rights]

No insult to you, Genghis, I'm sure you know what you read. Similarly, I know what I read, however, and the two don't really jive.

It would seem to me that unless they invoke the much-abused "interstate commerce clause", this is not a federal issue, but one for state law instead.

Any legal eagles out there who can resolve this?

Blessings,
M

[nodaywithout]

i have a three day weekend coming up real soon, so i will be able to spend some time getting a state by state answer to the questionable rv gun laws, seeing as how it is not easily found, it may take some time.

[VegasGeorge]

I think the case that Genghis77 is thinking about is California vs. Carney, a 1985 US Supreme Court case. You can read the case yourself at: http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/471/386.html

That case basically says that a motor home will be considered a vehicle when it's found on the road, or in a parking lot, or in any other place where it reasonably appears that it's primary use is that of a vehicle. Where the motor home is in a campground, or motor home park, or other place where it's use reasonably appears to be as a home, then it will be considered a home, not a vehicle. The distinction effects the requirement for a search warrant under differing circumstances.

As to the legality of carrying a gun in a vehicle, the States all have different laws about that. However, they all have to follow the ruling of the Supreme Court in the cited case when considering the search of a motor home.

[Bill of Rights]

Thank you very much, noday and George for your research and your expertise in answering this issue. :)

I appreciate both of your efforts in this area, as I'm sure will many future readers of this site.

Blessings,
M

[nodaywithout]

i have a three day weekend coming up real soon, so i will be able to spend some time getting a state by state answer to the questionable rv gun laws, seeing as how it is not easily found, it may take some time.

ok guys and Ladi di i am pretty sure that i have found an answer for the long debated rv questions (at least for oklahoma) in the revised SDA for oklahoma of 2006. Please see the forum

"no guns on property or else!!!!!!" for the answers or you can click on the link below read pages 48 and 49

[packnrat]

the comman mans law on gun's and rv's,

when the rv is in or ready to be in motion, it is a "car".

when you are parked and set up for a stay for some time (over night or at least a couple hours) it is your home, and the area just around it is your yard.

your milage may vary.

[EBDPA]

Actually, the car / home debate treads a little further in CA law. Once you have set the RV into a position of 'camping' then a different statute applies in CA. You are allowed, in most places not otherwise forbidden (ie. national parks, etc) to have a loaded firearm with you at your 'campsite'.

So, while on the road, you better have it unloaded and locked up... unless you have CCW. Off the road, and parked for camping.. load up and keep it close....

good hunting.