Car an extension of the home

[downfall]

Does the PDRK consider a persons car an extension of ones home for legal purposes? if so, are there any known lawsuits to overturn the ban on carrying a loaded weapon in the car for SD purposes?

[C.G.]

No and none that I know of.

[ldivinag]

when i remember is that if the car is moving, then one set of laws apply.

when you are parked, home rules apply.

for example, what i recall from the book "how to own a gun and stay out of jail in california" is the motorhome one.

when the motorhome is moving, you cant have loaded firearm. and all firearms must be stowed per laws.

but once the motorhome is parked, then it is considered a home.

http://www.amazon.com/How-Own-Gun-Stay-Jail/dp/0964286459/ref=sr_1_1?ie=UTF8&s=books&qid=1220753142&sr=8-1

[sorensen440]

nope not while on the road anyways
not even if you live in the car

[downfall]

if thats the case then there seems to be some inconsistency. If the car is not an extension of the home then why do cops ask permission or get warrants to search your car?

[aplinker]

They don't need it to search your passenger compartment.

The do need it to check your locked trunk/glove box.

Just as they would need it to open your locked briefcase without probable cause.

Pat downs and passenger compartments... same idea.

[Pvt. Cowboy]

Nevada does.

[Guns R Tools]

Isn't it legal to drink in moving motorhome as long as the they don't drink in front where drivng is done and the driver is not drinking.

If that is true I would "assume" similar treatment for firearms.

Also motorhomes pay house-like insurance not car like insurance.

[Nevermore]

if thats the case then there seems to be some inconsistency. If the car is not an extension of the home then why do cops ask permission or get warrants to search your car?

Because the Fourth Amendment covers more than just your home:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[jamesob]

only if the car is on private property would you have any other right to have a concealed weapon.

[code33]

Google: Vehicle Exception and California v. Carney

[AJAX22]

Google: Vehicle Exception and California v. Carney

+1 there is very explicit case law on this one

[M I K]

They don't need it to search your passenger compartment.The do need it to check your locked trunk/glove box.Just as they would need it to open your locked briefcase without probable cause.
Pat downs and passenger compartments... same idea.

I think you'll find they need it to search a LOCKED car. Such as if the occupants exit the car and it is locked behind them. Then, without a warrant, it would move to a breaking and entering catagory as applied to one's home.

Also with locked cars, most HOME insurance companies cover the property items within the car under one's homeowners policy. I had a car that was stolen from me years ago, and my homeowners insurance paid for everything that was inside the car. Everything, right up to and including a handgun. And it was in Kalifornia if you can believe that.

[eta34]

There is clear case law on vehicles. An officer needs only probable cause to search a vehicle. A warrant is not needed.