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View Full Version : Camping over night: Can I bring my gun and keep in my tent?


tiko
02-15-2008, 8:10 PM
I go camping over night every year, I 've heard that no gun allowed in national park, how about elsewhere, can i bring my gun in my car trunk, at night I will put my gun in my tent for protection?
Thank you.

Pthfndr
02-15-2008, 8:15 PM
On BLM or NFS land, Yes.

11Z50
02-15-2008, 8:28 PM
You should check to make sure your destination is not a National, State or County park. These are no-gun areas.

Everywhere else, your tent is considered the same as your house. Anything you do at home, like have a gun, you can do in your tent. Legally transport your pistol to and from the site and you have violated no laws.

Personally, I wouldn't even consider a camping trip without a gun for protection.

CitaDeL
02-16-2008, 12:07 AM
You should check to make sure your destination is not a National, State or County park. These are no-gun areas.

Everywhere else, your tent is considered the same as your house. Anything you do at home, like have a gun, you can do in your tent. Legally transport your pistol to and from the site and you have violated no laws.

Personally, I wouldn't even consider a camping trip without a gun for protection.

+1

I might add that on your way directly to and on your way directly from your campsite, concealment is also lawful.(PC12026.2. (a)(11)) As well as loaded at campsite. (PC12031 (l))

Technowizard
02-16-2008, 2:08 AM
Personally, I wouldn't even consider a camping trip without a gun for protection.

+1 too! I never go camping with taking my shotty and a pistol. As long as you transport it correctly, and you're in an official campground on your campsite, you may posses it. You're even allowed to conceal a pistol with no CCW while... and only while... you're on your campsite. Its considered your temporary residence.

Ballistic043
02-16-2008, 3:29 AM
i do alot of hiking/backpacking and i carry holstered and unloaded as well. too much !@#$ weird stuff going on in backcountry the past few years. dogs gettin their throats slashed, hikers turning up missing or dismembered by mountain lions, and plenty of drug addict/weirdo stories to pretty much make it mandatory.

ViPER395
02-16-2008, 4:37 AM
Yes. Your campsite is your home. Protect it as such.

Army
02-16-2008, 8:40 AM
i do alot of hiking/backpacking and i carry holstered and unloaded as well. too much !@#$ weird stuff going on in backcountry the past few years. dogs gettin their throats slashed, hikers turning up missing or dismembered by mountain lions, and plenty of drug addict/weirdo stories to pretty much make it mandatory.

Unloaded? What good will that do?

There's "too much !@#$ weird stuff going on" to not have your weapon at the ready.

CitaDeL
02-16-2008, 3:03 PM
Unloaded? What good will that do?

Keep you in compliance with PC 12031 if you are in an area where discharge is prohibited- Instead of going unloaded, I would be more inclined to select a destination in unicorporated territory where discharging firearms is not regulated, and keep it loaded.

ETD1010
02-16-2008, 4:10 PM
+1

I might add that on your way directly to and on your way directly from your campsite, concealment is also lawful.(PC12026.2. (a)(11)) As well as loaded at campsite. (PC12031 (l))

I am pretty sure that you have to carry EXPOSED in these areas.... Now, maybe INSIDE your tent you can conceal (why?) but every law I've read over states that only those with a CCW can ever carry concealed outside of your home or business.

11Z50
02-16-2008, 4:51 PM
When on a camping trip your campsite is your home. All the rights and expectations of privacy apply. If you can carry concealed in your front yard, (which you can) you can carry concealed around your campsite.

tiko
02-16-2008, 9:52 PM
Thank you very much, talking on this forum for 5 minutes equal reading 10 hours on legal books, I feel that I need to check this forum once a day.:cool2:

CitaDeL
02-17-2008, 1:54 AM
I am pretty sure that you have to carry EXPOSED in these areas.... Now, maybe INSIDE your tent you can conceal (why?) but every law I've read over states that only those with a CCW can ever carry concealed outside of your home or business.

12026.2. (a) Section 12025 does not apply to, or affect, any of the following:

(11) The transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite. This paragraph shall not be construed to override the statutory authority granted to the Department of Parks and Recreation or any other state or local governmental agencies to promulgate rules and regulations governing the administration of parks and campgrounds.

I would agree that its probably best to open carry once on site, but there is a provision for unlicensed concealment in transporting your firearm in this one specific citable instance.

11Z50
02-17-2008, 8:41 AM
Just as in the exemption for hunters and fishers enroute to or from an expedition, this exemption is valid. While hunters and fishers have to be unloaded to and from, campers do not. I'd be careful about passing thru prohibited areas and "gun-free" zones while enroute.

My advice would be to "lock and load" once you are clear of any town or city. If you get stopped by LE or a game warden, it should be obvious you are enroute to or from a camping trip. I'd make it clear though, that my intent was to camp and not hunt. If you tell a warden you are hunting, he/she will probably toss your car. If you are hunting/fishing and camping, clearly your activity should be camping if asked.

The way I read the statute, this should cover backpackers moving from one camp to the next.

EDIT: I just re-read 12031PC and while there is a gray area, I would not recommend carrying a loaded concealed pistol to-from a camping trip. 12025 exempts, and 12031 sort-of does. 12025 allows one to be in possession of a handgun, concealed or otherwise, on person or in vehicle, for protection while enroute to/from and actually camping. The assumption here is that concealed carry is authorized, loaded concealed carry is too. 12031 allows concealed loaded carry at/around the campsite, and for protection "in the brief interval" between a threat is realized and a police response could take place. Arguably, in the backwoods this could take hours, so one could lock and load once away from town.

Clearly the intent of 12025 is to allow people to have a concealed weapon for protection while on a camping trip. There is no doubt that one may possess a concealed weapon once enroute to-from and engaged in a camping trip. 12031 narrows it down a bit, but logic and common sense points toward the wider berth provided by 12025.

chokeyourself!
02-17-2008, 9:18 AM
who cares it's not like a cop is gonna walk into your tent.

jermzzzzzzz
02-24-2008, 10:59 AM
Ok I'm confused,
w
1. While are your campsite you can carry concealed.
2. Is it legal to carry concealed enroute to your campsite and back?
3. While hiking you can open carry but not concealed?

Liberty1
02-24-2008, 11:48 AM
Ok I'm confused,
w
1. While [at] your campsite you can carry concealed?
2. Is it legal to carry concealed enroute to your campsite and back?
3. While hiking you can open carry but not concealed?

1) Yes, but...depends where the camp site is
2) Yes, but...its a redundent exemption if you're are already transporting it in a locked case in a motor vehicle (a separate exemption)
3) Yes, but...depends on where you are as gun possession is baned effectively in some areas like Nat. and State Parks (loaded carry is again covered by a different law)

Read this http://www.paul.net/guns/CaliforniaOpenCarry.pdf first. Then look up the laws it references here http://law.justia.com/california/codes/pen.html The Penal Code will at first appear to be a foreign language but you'll get it after several readings.


and I'm quoting this one as it is not discussed in the above flier (red added):

12027. Section 12025 (pistol/revolver concealed carry prohibited) does not apply to, or affect, any of the
following:
(f) Members of any club or organization organized for the purpose
of practicing shooting at targets upon established target ranges,
whether public or private, while the members are using pistols,
revolvers, or other firearms capable of being concealed upon the
person upon the target ranges, or transporting these firearms
unloaded when going to and from the ranges.
(g) Licensed hunters or fishermen carrying pistols, revolvers, or
other firearms capable of being concealed upon the person while
engaged in hunting or fishing, or transporting those firearms
unloaded when going to or returning from the hunting or fishing
expedition.

12031 (loaded firearm prohibited)(b) Subdivision (a) shall not apply to any of the following:

(k) Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest.
(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.

buy this book http://www.amazon.com/How-Own-Gun-Stay-Jail/dp/0964286432 and
feel free to visit http://opencarry.org/ too

Liberty1
02-24-2008, 12:47 PM
Clearly the intent of 12025 is to allow people to have a concealed weapon for protection while on a camping trip. There is no doubt that one may possess a concealed weapon once enroute to-from and engaged in a camping trip. 12031 narrows it down a bit, but logic and common sense points toward the wider berth provided by 12025.


Are you citing 12026.2 (a)(11)? Did you forget to read 12026.2(b) further down in the same section? IMO, it is safer and better to just use 12026.1 (a)(1) (locked container in vehicle) or open carry unloaded while traveling to/from the camp site. Both can be done with loaded mags near by.


12026.2. (a) Section 12025 does not apply to, or affect, any of the
following:

(11) The transportation of a firearm by a person when going
directly to, or coming directly from, a lawful camping activity for
the purpose of having that firearm available for lawful personal
protection while at the lawful campsite. This paragraph shall not be
construed to override the statutory authority granted to the
Department of Parks and Recreation or any other state or local
governmental agencies to promulgate rules and regulations governing
the administration of parks and campgrounds.

(b) In order for a firearm to be exempted under subdivision (a),
while being transported to or from a place, the firearm shall be
unloaded, kept in a locked container, as defined in subdivision (d),
and the course of travel shall include only those deviations between
authorized locations as are reasonably necessary under the
circumstances.

11Z50
02-24-2008, 6:05 PM
The common-sense approach would be to use the locked container while enroute to or from. I would think that if one felt threatened for whatever reason during transit it would be pretty easy to lock and load.

The way the law reads, it seems there is a gray area, and once away from any town where a Police response would be slow, it'd be reasonable to CCW (loaded). It really depends on the circumstances and potential threat.

In and around your campsite, and even a reasonable distance near it, CCW is definitely legal.

MudCamper
02-24-2008, 11:34 PM
Lots of misinterpretations of PC in this thread. Liberty1 stated it correctly: Don't forget to keep reading 12026.2 to include (b) - the locked box is still required for the expemtions to apply. See my flyer (http://www.paul.net/guns/CaliforniaOpenCarry.pdf) for more detail.

jermzzzzzzz
02-25-2008, 3:28 AM
Is there a list of which National Forests allow firearms?

Liberty1
02-25-2008, 8:40 AM
It the current policy of the Dept. of the Interior is that Nat. Forests and BLM land follow state law. So your only main question for Nat. Forests is does 12031(loaded firearm prohibited) apply. And that depends on the location of the forest and what the local, county, and state restrictions are on discharge in that area.

sixtringr
02-25-2008, 11:20 AM
I have run around on the dirt roads all over Tahoe and some of the El Dorado National Forests in the last couple of years with a loaded 30-30 in a leather scabbard strapped to my roll bar. I have stopped and spoken to a couple of Rangers and a forester without any of them asking if the weapon was loaded. Admittedly this was way back country four wheeling places. I guess I just got lucky. I thought if I had a hunting liscence and a pig tag I was OK.

Thanks to Mudcamper for the info.

Mike