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Mstrty
10-08-2009, 1:54 AM
While camping in a State Park would my fifth wheel travel trailer be considered my home? If it is considered my domicile does that supersede State park firearm laws? Can I legally keep a loaded concealed weapon in my home away from home while in a state park?

packnrat
10-08-2009, 5:38 AM
if the gun is conceald who is to know?

But one should never break laws.

Ricewatcher
10-08-2009, 6:30 AM
No, you cannot because guns are prohibited in National Parks. But soon you will be able to due to Obama signing the Credit Card Act of 2009 last May. I'm sure i'll be corrected but it goes into effect Feb 2010?

Buried in this Act was a piece that allows people to carry in National Parks again...Obama our pro gun President!

All the codes are out there for you to look up and I know there were plenty of threads on the HR 627.

Ricewatcher
10-08-2009, 6:37 AM
SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.

(a) Congressional Findings- Congress finds the following:

(1) The Second Amendment to the Constitution provides that ‘the right of the people to keep and bear Arms, shall not be infringed’.

(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that ‘except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net’.

(3) Section 27.42 of title 50, Code of Federal Regulations, provides that, except in special circumstances, citizens of the United States may not ‘possess, use, or transport firearms on national wildlife refuges’ of the United States Fish and Wildlife Service.

(4) The regulations described in paragraphs (2) and (3) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at units of--

(A) the National Park System; and

(B) the National Wildlife Refuge System.

(5) The existence of different laws relating to the transportation and possession of firearms at different units of the National Park System and the National Wildlife Refuge System entrapped law-abiding gun owners while at units of the National Park System and the National Wildlife Refuge System.

(6) Although the Bush administration issued new regulations relating to the Second Amendment rights of law-abiding citizens in units of the National Park System and National Wildlife Refuge System that went into effect on January 9, 2009--

(A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and

(B) the new regulations--

(i) are under review by the administration; and

(ii) may be altered.

(7) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the Second Amendment rights of law-abiding citizens on 83,600,000 acres of National Park System land and 90,790,000 acres of land under the jurisdiction of the United States Fish and Wildlife Service.

(8) The Federal laws should make it clear that the second amendment rights of an individual at a unit of the National Park System or the National Wildlife Refuge System should not be infringed.

(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--

(1) the individual is not otherwise prohibited by law from possessing the firearm; and

(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.

GrizzlyGuy
10-08-2009, 7:39 AM
You can have it concealed but not loaded in your trailer:

"Firearms not having a cartridge in any portion of the mechanism, traps, nets, bows and arrows, other unloaded weapons or devices may be possessed within temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased, or stored in a manner that will prevent their ready use. "

http://www.parks.ca.gov/default.asp?page_id=21301

Discussion and other information here:

http://www.calguns.net/calgunforum/showthread.php?t=186457

Southwest Chuck
10-08-2009, 9:07 AM
No, you cannot because guns are prohibited in National Parks. But soon you will be able to due to Obama signing the Credit Card Act of 2009 last May. I'm sure i'll be corrected but it goes into effect Feb 2010?

Buried in this Act was a piece that allows people to carry in National Parks again...Obama our pro gun President!

All the codes are out there for you to look up and I know there were plenty of threads on the HR 627.

The OP was asking about State Parks, not National Parks.

MudCamper
10-08-2009, 10:53 AM
You cannot have an operable firearm in a State Park. You can have it in your trailer but it must be locked up or dissembled.

Somebody else also confused National Parks in the discussion - not the same thing at all.

See Firearms in Forest and Parks (http://www.calguns.net/calgunforum/showthread.php?t=186457) for COMPLETE information.

coyotek
10-08-2009, 11:23 AM
Unless you have a CA CCW, it must be unloaded and locked up in a state park.

ripcurlksm
10-08-2009, 1:20 PM
Unless you have a CA CCW, it must be unloaded and locked up in a state park.

Even when camping and you are asleep in your tent?

joelberg
10-08-2009, 2:51 PM
I believe that this was decided in my thread from a couple days ago: http://www.calguns.net/calgunforum/showthread.php?t=228424&highlight=legality+of+blackpowder

MudCamper
10-08-2009, 4:49 PM
Even when camping and you are asleep in your tent?

No. Not even when camping and in your tent, in a State Park. Read the Forests and Parks link I keep recommending. You are confusing "in home" exemptions from the penal code with CCR park laws.

Mstrty
10-08-2009, 5:58 PM
No. Not even when camping and in your tent, in a State Park. Read the Forests and Parks link I keep recommending. You are confusing "in home" exemptions from the penal code with CCR park laws.

I figures there would be plenty of decisions define by the court as your RV IS your home and therefore the rights granted by the constitution and the SCOTUS (heller) that I could keep my weapon loaded and accessible in my home even if my home was an RV parked in a State Park.
Then... If I have just cause to use it to save my life wouldn't it be difficult to prosecute me of a crime even while in a State Park.

JDoe
10-08-2009, 7:30 PM
I figures there would be plenty of decisions define by the court as your RV IS your home and therefore the rights granted by the constitution and the SCOTUS (heller) that I could keep my weapon loaded and accessible in my home even if my home was an RV parked in a State Park.

The 2A doesn't apply to the states yet.

MudCamper
10-08-2009, 8:47 PM
I figures there would be plenty of decisions define by the court as your RV IS your home and therefore the rights granted by the constitution and the SCOTUS (heller) that I could keep my weapon loaded and accessible in my home even if my home was an RV parked in a State Park.
Then... If I have just cause to use it to save my life wouldn't it be difficult to prosecute me of a crime even while in a State Park.

Like I've said, your RV is exempted from 12031 (loaded) and 12025 (concealed) but not from CCR Title 14, Div 3, Chap 1, s 4313 which prevents you from even possessing an operable unlocked firearm in a State Park. Is this Constitutional? No. But 12031 in it's entirety isn't Constitutional IMO. But it's currently the law in CA.

Mstrty
10-09-2009, 5:20 PM
Like I've said, your RV is exempted from 12031 (loaded) and 12025 (concealed) but not from CCR Title 14, Div 3, Chap 1, s 4313 which prevents you from even possessing an operable unlocked firearm in a State Park. Is this Constitutional? No. But 12031 in it's entirety isn't Constitutional IMO. But it's currently the law in CA.

Well this might just be my "HELLER" one day. (post Incorporation of course)