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DianaT
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Quick question for Law Enforcement Nomads
Our son lives in Montana where it is legal to carry guns anywhere. He is on his way to California, and then Baja---driving right now.
I cannot find the answer to his question. Is it legal to carry a loaded gun in a travel trailer in California---is it considered like a residence?
He knows that it is illegal in the truck.
To keep it Baja, I will also ask about Baja, -----
[Edited on 12-19-2009 by DianaT]
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soulpatch
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Good question.
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wessongroup
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12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
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DianaT
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I found that wessongroup---but it does not answer the specific question.
I have googled and checked the state laws and cannot find the answer-----
Especially when parked, is a Travel Trailer considered a residence---thus different laws regarding guns apply?
Thanks
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wessongroup
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Intent
It's most likely going to be a call on the site, by the officer and/or officers on how they view the situation
Believe it will get into "probable cause" if he were stopped on the freeway going South.. why would one be going to one's travel trailer to inspect?
I would just tell them the "truth".... has always worked for me with law enforcement when stopped on just about any thing.. and when I worked
enforcement we tried to work it that way...
Ask a lawyer, you get a lot of different calls on one issue, which is really very simple.. KISS bring up anything
would add, there is no law written that covers "every" situation one encounters in the field, that's why lawyers have plenty of work.. they are always
being asked for an "interpretation" on a new situation that does not "seem" to be covered... by an existing law.. would suggest the intent be
considered in the reading of the Law and Regulations..
[Edited on 12-19-2009 by wessongroup]
[Edited on 12-19-2009 by wessongroup]
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capt. mike
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that "trailer" is not a residence.
it is a recreational VEHICLE.
do not bring guns or ammo into mexico - you're just inviting a painful experience.
formerly Ordained in Rev. Ewing\'s Church by Mail - busted on tax fraud.......
Now joined L. Ron Hoover\'s church of Appliantology
\"Remember there is a big difference between kneeling down and bending over....\"
www.facebook.com/michael.l.goering |
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DianaT
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| Quote: | Originally posted by capt. mike
that "trailer" is not a residence.
it is a recreational VEHICLE.
do not bring guns or ammo into mexico - you're just inviting a painful experience. |
OK, so do you know the laws for a Trailer that is a Recreational Vehicle that someone uses as a temporary residence while they camp? Or in his case,
he does live in it while doing his business away from home.
[Edited on 12-19-2009 by DianaT]
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ELINVESTIG8R
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Diana here is the California Laws about carrying firearms in California Penal Code Sections 12020 through 12040. It’s long winded. There is info about
proper storage and some vague reference to temporary residence and campsite, etc. Motor home is not specifically mentioned only motor vehicle. Give
it a read.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&am...
Something from the Office of the California Attorney General.
http://www.ag.ca.gov/firearms/travel.php#skipToContentAnchor
Frequently Asked Questions of the Highway Patrol website
http://www.chp.ca.gov/html/answers.html
[Edited on 12-19-2009 by ELINVESTI8]
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wessongroup
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What and/or who's definition are you using for "residence".. ??? and thought you were talking about California only...
For what it's worth, I seem to remember that a Trailer was not a residence until it was on blocks and/or the wheels were removed.. I don't remember
the Regulation and it's been very many years ..... but, seem to recall that interpretation by the State of California, not a County or City. Those can
be more restrictive in their call, but can not be lesser...
I'm with capt. mike.. just leave it in Montana...
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mulegemichael
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as a ranger in washington state we were instructed to treat an rv as one's residence in regard to legal matters...ie..a search warrant is required, a
law enforcement officer cannot enter it unless there is an active physical threat to people..OR..if the officer SEES an illegal act being
committed...OR...if the officer smells pot smoke...in other words, i would say it's fine...that doesn't address a person carrying on his person,
however
dyslexia is never having to say you\'re yrros.
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BMG
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Your question asks about a 'loaded' gun. Carrying the unloaded gun in the trailer and the ammo in the truck would be legal. Just have your son load it
before slipping it under his pillow at night.
I think the world is run by C- students.
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MrBillM
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Gunning in California
Vehicle Applies. Residence does NOT.
A few years back, there was a news article regarding a Tourist who was a retired Full-Time RVer. ON his RV, he had posted a bumper sticker which read
something like "Protected by Smith & Wesson". Questioned by California Law Enforcement officers at a traffic stop "Is that True ?" He answered
yes and explained. At which point, they searched the vehicle, seized the weapon and placed him under arrest for illegal possession of a firearm in a
vehicle.
As a trivial aside, for a long time after reading that article, I drove around with a sticker on my work truck that said "Caution .45 on board".
Unfortunately, I was never stopped.
If I HAD been, I would have happily handed over one of the 45 RPM records I carried behind the seat. Probably wouldn't have been a good idea, though.
Those guys have little sense of humor. I eventually threw away the sticker, but the records are still there in case I change my mind.
BTW, when "Actually" carrying my .45 in that truck, my "ploy" was to claim that it was in the LOCKED toolbox outside the passenger compartment and I
carried the magazine separately. While not true, I figured that, if a crisis moment arose, whatever witnesses there were wouldn't be able to
conclusively counter the claim. Never had the occasion to find out.
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DianaT
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| Quote: | Originally posted by BMG
Your question asks about a 'loaded' gun. Carrying the unloaded gun in the trailer and the ammo in the truck would be legal. Just have your son load it
before slipping it under his pillow at night. |
Very practical advice as it appears that the answer is very unclear. And while working, he is often in some pretty remote areas so for him, leaving
it home is not something he would do. I think it is a little of the Montana thing. 
And, he has traveled a lot in Baja and he knows not to take it there.
Thanks and even after reading all those laws, well, it does seem to be one of those maybe, maybe not laws.
Diane
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Diver
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The answer is complicated;
If you carry the gun in the truck, it must be separated from the bullets, in a locked box or in the trunk. The weapon may not be accessible to any
passenger while underway.
If the gun is in a towed/carried camper, the weapon would be inaccessible to passengers in the vehicle and therefore legal while you are hauling.
When you enter the camper, you are now within access of a loaded weapon which is not legal; unless your camper is set-up in a location that could,
either temporarily or permanently be considered a residence or domicile.
Bottom line; it's best to unload and keep the ammo separate unless he is camped for the night(s) in a campground (not on the side of the road or in a
rest area).
Does he need a place to camp in southeast Washington ? Give him our phone #.
.
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DENNIS
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Where is Bajaguy when you need him. He knows all this stuff.
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wessongroup
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Where are you
He's fixing a broken water pipe at his place.. but it's getting close to 5 so he should be getting cleaned up by now...
would say keep it in a locked container inside the trailer and he would be fine, except if he needs it fast...
[Edited on 12-19-2009 by wessongroup]
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ELINVESTIG8R
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I have always had one philosophy with respect to carrying a firearm.
If you need it, and don't have it... You may never need it again!!
I had this picture hanging in my offices up until I retired. Now it's here with me at home as a constant reminder!
Not a great photo shot but you get the picture.
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arrowhead
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| Quote: | Originally posted by DianaT
Is it legal to carry a loaded gun in a travel trailer in California |
It is illegal. California PC Section 12031. You can carry an unloaded weapon in a compartment unavailable to the driver or passenger. The ammunition
must be kept seperate. If you son parks his travel trailer off a public highway, like a campground, in California that becomes his residence and he
can have a loaded concealable weapon while at the campgorund.
No soy por ni contra apatía.
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DianaT
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| Quote: | Originally posted by Diver
The answer is complicated;
If you carry the gun in the truck, it must be separated from the bullets, in a locked box or in the trunk. The weapon may not be accessible to any
passenger while underway.
If the gun is in a towed/carried camper, the weapon would be inaccessible to passengers in the vehicle and therefore legal while you are hauling.
When you enter the camper, you are now within access of a loaded weapon which is not legal; unless your camper is set-up in a location that could,
either temporarily or permanently be considered a residence or domicile.
Bottom line; it's best to unload and keep the ammo separate unless he is camped for the night(s) in a campground (not on the side of the road or in a
rest area).
Does he need a place to camp in southeast Washington ? Give him our phone #.
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Thanks Diver, but he is past there now. I should have given him your number and you could have shared bad truck stories.
His transmission crashed near Spokane and he had to spend several days there while they shipped a new one to Spokane, and of course, the weekend came
when they did not work, and then the first one sent was the wrong one. Fortunately, he has good friends who live there and they rescued him. :-)
And I do look forward to Bajaguy posting------
As always, I appreciate all the answers.
Diane
[Edited on 12-19-2009 by DianaT]
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RonnieRockCod
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Diana,
Recently in Escondido, Calif (just north of San Diego) a group of citizens were publically carrying, in plain view, hostered pistols on their hip.
It was lawful, but they had to be unloaded. They were permitted to carry loaded magazines on their person, or in the case of revolvers, loose ammo or
those three round clips with ammo. (I would think)
Do not like to repeat but worth repeating. Absolutely no weapons or ammo in Mexico. Good luck, RRC.
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