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Outlaw Josey Wales
05-06-2007, 1:01 AM
From DOJ:

Traveling with Firearms in California
HANDGUNS
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

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Can a person without a CCW keep a loaded firearm while sleeping at designated rest areas? In a sense the vehicle is temporarily serving as your residence. Of course the firearm would be unloaded and locked in its case before driving again.

CSDGuy
05-06-2007, 1:14 AM
Is your car an RV? The answer to your question would most likely be the answer to THIS question...

Outlaw Josey Wales
05-06-2007, 2:27 AM
I've been sleeping/resting at deserted rest areas when another car will pull into the space right next to mine and sit there with the engine running then drive off after awhile. It's kinda creepy in the middle of nowhere at 2 am. An empty locked gun ain't gonna help much should the need arise! :rolleyes:

Dont Tread on Me
05-06-2007, 4:54 AM
You need to get hold of the "how to own a gun and stay out of jail book" You are allowed a gun at your "camp site" and "when you feel threatened." I'm no lawyer but i would hope that a rest stop counts as a camp site.

CSACANNONEER
05-06-2007, 6:55 AM
I will argue that it doesn't make a difference if your vehicle is a car or a RV (I have a canvas shell which would be in between the two). Most people seem to believe that the type of vehicle that you decide to make your temporary abode is somehow relevent but, I have never found a law that states this. I have been told by different LEOs that it is legal to keep a loaded gun in a RV as long as it is in the living area and not in the cab. Again, I have not seen written law to support this. The problem that you may have at a rest area is that they are heavily patrolled by CHP and local SOs and, as all of us here know even if what you are doing is legal, you may spend a signifigant amount of time in jail, tens of thousands of dollars to defend yourself and even when found innocent, you might not get your gun back! Of course, being able to defend yourself against a physical attack and being alive and well enough to stand trial for nuetralizing a threat is better than the alternative.

ViPER395
05-06-2007, 8:32 AM
I've been sleeping/resting at deserted rest areas when another car will pull into the space right next to mine and sit there with the engine running then drive off after awhile. It's kinda creepy in the middle of nowhere at 2 am. An empty locked gun ain't gonna help much should the need arise! :rolleyes:

Oh, you thought those laws were designed to keep you safe? :rolleyes:

I've also heard from a camping buddy (this is sorta unrelated) that you can drink and have open containers in your parked RV, but not in the driving area. Keys should not be in the ignition.

AJAX22
05-06-2007, 8:41 AM
Oh, you thought those laws were designed to keep you safe? :rolleyes:

I've also heard from a camping buddy (this is sorta unrelated) that you can drink and have open containers in your parked RV, but not in the driving area. Keys should not be in the ignition.

Thats actually true,

you can have open containers in the passenger compartment of the RV but not in the driving compartment.

Once you have established yourself in a 'campsite' the same laws which govern you at home now apply to whatever you are currently making your residence.

I used to do renfaire and this came up frequently when we did faire, we could drink in public, down town in the middle of everything, so long as we stayed in our encampment, we were also allowed to keep/cary loaded firearms (didn't do both at the same time) because we were 'encamped'

I honestly don't know about trying it in a regular car, You'll probably get away with it, and even if they try to bust you a good lawyer could make it go away if thats all you were doing wrong. but it could be an expensive proposition.

johnny_22
05-06-2007, 10:32 AM
A knock on the glass could be LEO:

http://findarticles.com/p/articles/mi_m1355/is_1_96/ai_54968195

jaymz
05-06-2007, 1:51 PM
A knock on the glass could be LEO:

http://findarticles.com/p/articles/mi_m1355/is_1_96/ai_54968195

I can't even respond to that without being banned.:mad: :mad: :mad:

OldWestGambler
05-06-2007, 3:09 PM
You're allowed to have a firearm at your campsite. If you have an RV, once parked in your site for the night, remove the handgun and load it up for security. When you leave, remove ammo and put it back in the locked case. There is not many CA gun laws that make sense, but the camp site law is one I like. Camp site are safe, but you're miles from law enforcement and if someone gives you problems at 2am and they're armed, thankfully we're legally allowed to be armed at camp sites. I wonder if this applies to rest stops on the highways. I'll pull into some at night where it's been pretty spooky and I kept going.

Outlaw Josey Wales
05-06-2007, 6:09 PM
I'll bet truckers keep a gun in the sleeping compartment of their rigs. Now they aren't really camping are they, just resting like any other road weary traveller? Or could it be considered their place of work and they are just taking a break?

50BMGBOB
05-06-2007, 7:58 PM
I would think that while you where parked at a campsite it would be OK but even in an RV, once you start going down the road you are no longer "camping". But like most things, even if you are right, you might have a tough timr from a cop who doesn't see it the righy way.

Riodog
05-06-2007, 8:22 PM
I'll bet truckers keep a gun in the sleeping compartment of their rigs. Now they aren't really camping are they, just resting like any other road weary traveller? Or could it be considered their place of work and they are just taking a break?

OJW, you wouldn't lose that bet by a long shot. You can toss out any reason that appeals to you but in all reality it doesn't matter!

It's illegal to have any firearm in an "interstate registered" vehicle unless it's part of the documented bill of lading. Basically this means in the trailer as part of the load. This is federal law.

Rio

CSDGuy
05-06-2007, 8:31 PM
OJW, you wouldn't lose that bet by a long shot. You can toss out any reason that appeals to you but in all reality it doesn't matter!

It's illegal to have any firearm in an "interstate registered" vehicle unless it's part of the documented bill of lading. Basically this means in the trailer as part of the load. This is federal law.

Rio

What is the USC or CFR that states this? I've heard much rumor but never any concrete evidence that it's anything other than company policy.

G-dude
05-06-2007, 10:47 PM
Here you go:

12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.

[...]

(l) Nothing in this section shall prevent any person from having a
loaded weapon, if it is otherwise lawful, at his or her place of
residence, including any temporary residence or campsite.
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18862.9. "Campsite" is an area within an incidental camping area
occupied by a camping party.


18862.19. "Incidental camping area" is any area or tract of land
where camping is incidental to the primary use of the land for
agriculture, timber management, or water or power development
purposes, and where two or more campsites used for camping are rented
or leased or held out for rent or lease. The density of usage shall
not exceed 25 camping parties within a radius of 265 feet from any
campsite within the incidental camping area.

18862.7. "Camping party" means a person or group of not more than
10 persons occupying a campsite or "camping cabin" for not more than
30 days annually.

I found this the other day and remembered it because I was so shocked . An actual reasonable Cali gun law. Unbelievable. You can cary a loaded gun in your campsite! But you do have to transport it unloaded in your vehicle until you get to your site.

dustoff31
05-07-2007, 10:09 PM
OJW, you wouldn't lose that bet by a long shot. You can toss out any reason that appeals to you but in all reality it doesn't matter!

It's illegal to have any firearm in an "interstate registered" vehicle unless it's part of the documented bill of lading. Basically this means in the trailer as part of the load. This is federal law.

Rio

I'm a motor carrier based in Arizona. There is no such federal law. As long as you comply with the law of whatever state your in, you're good to go.

The other poster is correct, company policy oftens prohibits it.

I have a CCW here in AZ and it's good in all the states I go to, except CA. I kept forgetting to put the pistol away when I crossed into CA, (never got caught) but now I just keep a Mossberg 590 in the sleeper. (unloaded when I'm moving)

skeetskeet
05-07-2007, 10:34 PM
Hey G-Dude, what page is that in the CA firearms laws?

50ae
05-08-2007, 4:57 AM
What do you mean what page, it's just the penal code? The code is printed by many different companies so it could be on any page.

Hey G-Dude, what page is that in the CA firearms laws?

odysseus
05-08-2007, 3:09 PM
You're allowed to have a firearm at your campsite. If you have an RV, once parked in your site for the night, remove the handgun and load it up for security. When you leave, remove ammo and put it back in the locked case. There is not many CA gun laws that make sense, but the camp site law is one I like. Camp site are safe, but you're miles from law enforcement and if someone gives you problems at 2am and they're armed, thankfully we're legally allowed to be armed at camp sites. I wonder if this applies to rest stops on the highways. I'll pull into some at night where it's been pretty spooky and I kept going.

I am a noob at camping, how about if you don't have an RV. Are people pitching tents they brought in allowed to arm themselves?

I am wondering if also some campsites ban this or not...

KenpoProfessor
05-08-2007, 3:45 PM
IIRC, there was a case of a Taxi driver who owned his own cab and carried and got popped after he shot a thief who threatened his life. They dismissed the case because that was his place of work and carrying was legal at that point. I couldn't find it when I looked.

Have a great Kenpo day

Clyde

ViPER395
05-08-2007, 4:01 PM
I'm always armed while camping. I don't use developed campgrounds tho.

Pont
05-08-2007, 11:49 PM
Throw in the internet definition of "camping"... well it'd be legal to have a loaded bolt action rifle in public, as long as you weren't moving. :)

*not legal advice