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swsccassidy
04-14-2009, 8:50 AM
First post on here guys, I've got a question for you! My grandparents do a bit of traveling (mostly in California) in their motor home. My grandpa likes to keep a pistol loaded in a bag behind his seat. I told him it was a big no no and he didn't like the idea of traveling without his pistol. So I got him a case and for now, he has it in there, loaded, and locked in a cabinet behind him. I've gotten suggestions from others saying maybe he should get a shotgun (maybe a double barrel) and keep it unloaded with ammo close since this isn't a violation of California transport laws (correct?). I thought about CC but he's getting older (80's) and I just don't think this would be a good option. Can anyone comment on the motor home situation? Is it considered a dwelling or a motor vehicle, or both? Is it a dwelling only when stopped for the evening? Can he possibly carry on his hip, unloaded with speed loaders on his other side? What would be his best option? :confused:

Also, on their property he can open carry loaded, correct? He's had some run ins with wildlife and a few weird people claiming to be "lost" at the end of their dirt road 5 miles away from town...the neighbors also blew up their house when their meth lab went BOOM! :eek: Any input is greatly appreciated! Thanks!

Eroland7
04-14-2009, 8:52 AM
My understanding of the law is that it is Illegal to have the loaded firearm in your rv while driving, BUT when it is parked ie. at a campsite then it is ok to have a loaded firearm in there. It is considered a motor vehicle while driveing and a dwelling when parked. Thats my understanding.

n2k
04-14-2009, 9:04 AM
Found this:

http://www.gunlaw.com/index2.php?option=com_content&do_pdf=1&id=15

MudCamper
04-14-2009, 9:09 AM
He can't keep any gun loaded while driving, per 12031, and can't keep handguns concealed, per 12025. You are exempted from both of these while camped, but places like State Parks and National Parks also forbid firearms and this exemption does not apply to these area. While traveling he could keep a handgun unloaded and not concealed, or unloaded and in a locked case. Rifles can be stored any way you want (but unloaded). One exception to this is the school zone laws. And you can do whatever you want on your own property.

Print out this: http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

It's about open carry but it also covers transporting concealed and all applicable laws.

ryno066
04-14-2009, 9:33 AM
once he gets pulled over hes stopped and camping. done and done. Kidding dont really do that.

swsccassidy
04-14-2009, 9:48 AM
Perfect guys, this helps a lot. I'll be printing both of those links out and getting them to him ASAP. Thanks!

DParker
04-14-2009, 9:48 AM
We have a motorhome and I mounted an electronic safe in one of the closets. Easy solution.

Wife and I have CCWs so for us it is just for safety, not legal compliance, but it would work just as well.

HunterJim
04-14-2009, 1:39 PM
We have a motorhome and I mounted an electronic safe in one of the closets. Easy solution.

Wife and I have CCWs so for us it is just for safety, not legal compliance, but it would work just as well.

DParker,

Which county licensed you and your wife?...thanks...jim

CHS
04-14-2009, 4:14 PM
Question:
Would the same laws apply to a non-motorhome?

Example:
I am driving within California in my regular vehicle. I stop at a rest-area to get a few hours of sleep. Once I have stopped and am sleeping, is it legal for me to have a concealed, loaded firearm at the ready should I be rudely awakened by a criminal?

For this we'll assume I DO NOT have a CCW, and the gun is being transported locked and unloaded while driving. The gun is only concealed, unlocked, and loaded while the vehicle is stopped and I am sleeping or preparing to sleep.

IGOTDIRT4U
04-14-2009, 4:31 PM
bdsmach, there is a slight difference. Per the Health and Safety Code your MH (housecar) is a dwelling when not being operated as a vehicle ( and even sometimes while it is) so once parked and you are making household preparations, it can be understood that you are entitled to the same rights as a home resident. For example, a warrant is needed to enter/search any part of the housecar.

I'm not answering the OP, just your hypothetical.

MudCamper
04-14-2009, 4:41 PM
Question:
Would the same laws apply to a non-motorhome?

Example:
I am driving within California in my regular vehicle. I stop at a rest-area to get a few hours of sleep. Once I have stopped and am sleeping, is it legal for me to have a concealed, loaded firearm at the ready should I be rudely awakened by a criminal?

For this we'll assume I DO NOT have a CCW, and the gun is being transported locked and unloaded while driving. The gun is only concealed, unlocked, and loaded while the vehicle is stopped and I am sleeping or preparing to sleep.

Camping is forbidden at rest stops in California. You may park for up to 8 hours, but not camp. What's the difference? The wording makes the 12031 exemption not work. This last sentence is my opinion. I might be wrong.

Your best legal bet here is unloaded open carry with mags at the ready.

CHS
04-14-2009, 5:19 PM
Camping is forbidden at rest stops in California. You may park for up to 8 hours, but not camp. What's the difference? The wording makes the 12031 exemption not work. This last sentence is my opinion. I might be wrong.

Your best legal bet here is unloaded open carry with mags at the ready.

Hrm.. So while you can "rest" at the rest area, which would include sleeping, it's not considered "camping", even though it's exactly the same thing?

Yay. More absurd California laws.

So then would it not include someone who is sleeping in their motorhome at a rest stop, since they are sleeping and not "camping", even though it's a motorhome?

Crap. I think I just confused myself.