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View Full Version : gun rights in *private* campgrounds?


Hunt
11-12-2009, 8:51 AM
Is a tent or trailer campsite on private property campgrounds/ trailer park the same as either renting an apartment or a temp residence campsite at a public campground, in regards to gun possession regulations and rights? If so, I think I have discovered a way to bypass the anti hunter landlock in one area.
If anyone can refer me to the regulations on this --rights for temp rentals in private but offered to the public facilities. This is *NOT* a BLM or a National Forest campground, it is a privately owned but open to public campground that borders BLM land. Note: this so called BLM public land has been landlocked by a private local anti hunter group that has been quietly buying all the acccess and donating the land to the State parks system to protect the wildlife. I would be elated to have found a loophole to hunt on my own BLM land.

RobG
11-12-2009, 8:58 AM
My assumption would be the owner of the site can forbid firearms since it is his/private property.

Hunt
11-12-2009, 9:02 AM
My assumption would be the owner of the site can forbid firearms since it is his/private property.

can a motel or apartment complex prevent gun ownership or posession in your room? You have a legal right to transport if in locked container. Help me out guys I would love to break this landlock of BLM land. In the situation I am looking at I can literally either back my car trunk up to or set my tent door on the BLM property line. The issue then becomes can this situation be treated like an apartment where renters can posess a firearm in their dwelling.

dustoff31
11-12-2009, 9:07 AM
My initial reaction is to agree with RobG.

However, if that's correct, all they can do is ask you to leave or get rid of the gun.

If you want to push it, just do it, pointing out that the penal code allows you to keep a gun in a temporary campsite and see what they say/do.

Californio
11-12-2009, 9:11 AM
The PG&E campgrounds in the Western Sierras expressly forbid firearms but they don't check. So as long as you are discreet and don't publicly display I bet no one will ever know you have a firearm in your tent at night. I left them covered in the car during the day and transported them from car to tent in a big duffle. I was also spending time in the NF as well, its bear country.

Hunt
11-12-2009, 10:02 AM
The PG&E campgrounds in the Western Sierras expressly forbid firearms but they don't check. So as long as you are discreet and don't publicly display I bet no one will ever know you have a firearm in your tent at night. I left them covered in the car during the day and transported them from car to tent in a big duffle. I was also spending time in the NF as well, its bear country.

is what I am thinking is rent tent campspot for 3-4 days along BLM property line, keep rifle in car trunk per CA transport regs, back car up so trunk is over BLM Property Line at my rented campsite get up at 4AM open trunk retrieve rifle backback into BLM land for a few days. Exit campground in similar fashion this should be legal. The only thing I can see to prevent this is if in the rental agreement I sign it says I will not bring guns onto property.

see what we Californians have to do to get a decent hunt spot!!

camsoup
11-12-2009, 10:12 AM
is what I am thinking is rent tent campspot for 3-4 days along BLM property line, keep rifle in car trunk per CA transport regs, back car up so trunk is over BLM Property Line at my rented campsite get up at 4AM open trunk retrieve rifle backback into BLM land for a few days. Exit campground in similar fashion this should be legal. The only thing I can see to prevent this is if in the rental agreement I sign it says I will not bring guns onto property.

see what we Californians have to do to get a decent hunt spot!!

if it is Completly landlocked, and you cannot get to the BLM land from another route (river boat access etc) doesnt BLM have to have an easement the public can use to access the public land??

For example, PG&E owned ditches that flow water from creeks/rivers to powerhouses have a 15ft from center of ditch easement even through private property.

You are legally allowed to fish in these ditches and take advantage of the 15ft from center of ditch easement to traverse private property.

One land owner near here actually put up no trespassing signs, and hog wire fences across were the PG&E ditch crossed his property...he was politely informed by local LE that he could not do that, and the easement was open to all public traffic since PG&E allows the public to fish in their waterways.


Another example I an think of is a small type C wildlife area near me, it is completely landlocked by private property, but the area has an easement about 10ft wide that is fenced on both side to access the public land. The land is open to all hunting and fishing activities, with the only exception being it is shotgun or archery hunting only, Possession of any rifle or pistol is forbidden.

Hunt
11-12-2009, 6:37 PM
if it is Completly landlocked, and you cannot get to the BLM land from another route (river boat access etc) doesnt BLM have to have an easement the public can use to access the public land??

For example, PG&E owned ditches that flow water from creeks/rivers to powerhouses have a 15ft from center of ditch easement even through private property.

You are legally allowed to fish in these ditches and take advantage of the 15ft from center of ditch easement to traverse private property.

One land owner near here actually put up no trespassing signs, and hog wire fences across were the PG&E ditch crossed his property...he was politely informed by local LE that he could not do that, and the easement was open to all public traffic since PG&E allows the public to fish in their waterways.


Another example I an think of is a small type C wildlife area near me, it is completely landlocked by private property, but the area has an easement about 10ft wide that is fenced on both side to access the public land. The land is open to all hunting and fishing activities, with the only exception being it is shotgun or archery hunting only, Possession of any rifle or pistol is forbidden.

that is not the way it is here, I thought the same thing, that BLM must provide access, for hunters. There are many excellent hunting spots around here completely landlocked. I have spoke to Sheriff and BLM they tell me under no circumstances can you enter private property unless given permission, no such thing as a right of way to access *for hunters* around here. What is happening is wealthy antis are buying private land surrounding tracts of BLM land and donating the land to State Park, thereby locking out hunters. Keep in mind this landlocked BLM land has access for public use *except* hunting because of the gun possession and hunting in Parks regs, otherwise it wouldn't be any big deal. So the BLM land isn't blocked to public use it just has an insulator tract of land surrounding it that has regulations to prevent hunters from crossing over, think of it as an anti hunting moat. In some cases it's a combination of County Park, State Park and or Private land.

KylaGWolf
11-12-2009, 7:49 PM
can a motel or apartment complex prevent gun ownership or posession in your room? You have a legal right to transport if in locked container. Help me out guys I would love to break this landlock of BLM land. In the situation I am looking at I can literally either back my car trunk up to or set my tent door on the BLM property line. The issue then becomes can this situation be treated like an apartment where renters can posess a firearm in their dwelling.

Yes they can deny you the right to have a gun on their property. If you want to know if the campground in question will allow you to have your handgun on their property ask for written permission.

bigcalidave
11-12-2009, 8:30 PM
I have no idea what you are talking about with the backing the trunk of your car into blm land thing. Just bring your guns! If it's private property, and you aren't breaking any laws, but you want to hunt, do it! The worst they can do is ask you to leave. What are you even asking? Did you say that you are going through a state park to get to the campsite? But it's a private campsite?
Don't ask for written permission if you are going shooting in the blm land only. They will just tell you no (if that's their agenda) and probably decide not to let you camp there at all.

paul0660
11-12-2009, 9:07 PM
If you want to know if the campground in question will allow you to have your handgun on their property ask for written permission.

Backwards. Bring your gun. If they post or otherwise advise to everyone that firearms are prohibited, and they find that you have them thereafter, they can ask you to leave, and accuse you of trespassing if you do not. Any campground owner is going to say no if you ask, because any event resulting from the use of said firearm will be on them as well. Don't ask, don't tell. Understand what a posted "no firearms" means.......it is not a crime unless you refuse to leave.

Hunt
11-12-2009, 11:08 PM
Backwards. Bring your gun. If they post or otherwise advise to everyone that firearms are prohibited, and they find that you have them thereafter, they can ask you to leave, and accuse you of trespassing if you do not. Any campground owner is going to say no if you ask, because any event resulting from the use of said firearm will be on them as well. Don't ask, don't tell. Understand what a posted "no firearms" means.......it is not a crime unless you refuse to leave.

yeah this is the way it is looking, I think we just figured a way to get into a big landlocked are--awesome. The idea of parking part of the car right on BLM land would be that the firearms aren't even on the private property.
The campsite is situated so you could literally have one foot on BLM land and the other foot on the private campground. Don't ask and don't tell is the only reasonable thing to do, and if I am complying with CA transport regs should be good to go.