tent concisdered a domicile?

[xibunkrlilkidsx]

im going camping and plan on taking my handgun with me in yosemite.

now can i keep my handgun loaded while it is in my tent(with me at camp obviously)? Would i need to leave it in a locked container in my tent?


If someone calls rangers about a man with a firearm, IE unloaded open carry or just seeing my case while unloading, and i put my gun in the tent do rangers have the ability to search my tent w/o my permission?

[ldivinag]

unless yosemite has BIG BOLD signs saying NO FIREARMS anywhere, then you are GTG...

is yosemite BLM/federal or state land?

one of the nice things is that kalif treats where ever you are, as your home. say you are in a motorhome and you are park for the night. that is currently your home. you can carry in a holster, etc.

but as soon as you start moving in the motorhome or RV, then it is treated as a vehicle. as such. all rules regarding transporting a firearm in a vehicle applies.

tents? same thing... it's your home for the mean time.

again, the only deal breaker is it's a state park and they have signs saying so...

[heliopolissolutions]

Its more complicated then that, just ask Ed Peruta.

[Crom]

I believe that the tent is your temporary residence. Therefore you may legally posess a loaded firearm while in your campsite and in your tent. According to the law a person may have many residences in the same state or in many states. If you are wealthy you can have many houses all over the country and live part time in any one of them. A person will however have only one domicile, which is where they would vote in a federal election.With regards to Yosemite, be discrete and you should not have any issues. Yosemite is pretty chill and I have been there many times and have never had any problems from people. I did have issues with bears coming into the campsite at Whitewolf. When that happenend I was cursing myself for not having the .44 Mag at the ready. Bears will go site to site to check that the bear boxes are closed correctly, and finding one that is not its party time for them.

[Big Jake]

FYI, Yosemite is a national park and unless you have a California ccw it is probably not legal!

[Crom]

FYI, Yosemite is a national park and unless you have a California ccw it is probably not legal!

Jake, The federal law changed in February of this year when the Credit Card Bill of Rights when into effect in February. There was an amendment in the bill which made it so that National Parks must honor the state laws in which the National Park is located.

So it is lawful to open carry in National Parks in California or at least to have a loaded weapon inside the campsite.

The quote below is from Wikipedia. I assume it is correct.

Gun rights advocates in the Senate, led by Tom Coburn (R-Okla) added an unrelated rider to the bill to prevent the Secretary of the Interior from enforcing any regulation that would prohibit an individual from possessing a firearm in any unit of the National Park System or the National Wildlife Refuge System.[4][5] The Senate passed the amendment 67-29.[6][7]
This amendment overturns a Reagan-era policy prohibiting firearms from being carried in national parks. The George W. Bush administration had attempted to implement a similar policy through the rulemaking process just before leaving office; however the change was struck down by a federal judge. This provision has been heavily criticized by environmentalists, anti-gun groups, and park supporters including the Coalition of National Park Service Retirees, but applauded by gun rights groups.[7][8]

http://en.wikipedia.org/wiki/Credit_CARD_Act_of_2009

[Flopper]

You can carry in any manner you like, loaded, while in your residence, which in this case is your tent, but you most likely cannot carry unrestricted outside your tent in the rest of your campsite as it will almost assuredly be considered open to the public.

Keep in mind though that if you OC in the park (and most other areas throughout CA) you will likely be harassed, detained, and even arrested, whether it's legal or not.

FWIW, carrying concealed without a permit is a misdemeanor for a first time offense, and concealed means concealed.

[xibunkrlilkidsx]

You can carry in any manner you like, loaded, while in your residence, which in this case is your tent, but you most likely cannot carry unrestricted outside your tent in the rest of your campsite as it will almost assuredly be considered open to the public.

Keep in mind though that if you OC in the park (and most other areas throughout CA) you will likely be harassed, detained, and even arrested, whether it's legal or not.

FWIW, carrying concealed without a permit is a misdemeanor for a first time offense, and concealed means concealed.

isnt ther also a statuate that says it is legal to carry a loaded firearm while at a campsite? im sure it doesnt count here becasue it is federal land though.


i was aware of the hole being posted part of not being able to carry into certain buildings. so what i think i will do is make one of my pockets on my backpack where i keep my handgun locked if i do go into a building just to not have any crap started.

i only really plan on carrying it when we are on a trail and i probably wont holster it until we are a ways off the main trail head so less people will see me putting it on.


thanks for the answers thus far.

[OleCuss]

isnt ther also a statuate that says it is legal to carry a loaded firearm while at a campsite? im sure it doesnt count here becasue it is federal land though.


i was aware of the hole being posted part of not being able to carry into certain buildings. so what i think i will do is make one of my pockets on my backpack where i keep my handgun locked if i do go into a building just to not have any crap started.

i only really plan on carrying it when we are on a trail and i probably wont holster it until we are a ways off the main trail head so less people will see me putting it on.

Edit: You really should go to the relevant Wiki. I did a little searching and found it. It's a great resource and more reliable than I am. http://www.calguns.net/calgunforum/s...d.php?t=186457
thanks for the answers thus far.

Umm. . . If you are planning to lock up your gun in your backpack and then take it into a posted building. . . Major bad news if they catch you. The posted buildings mean that if they catch you with a weapon they're gonna do bad things to you and I don't think they're going to be nice to you even if you've unloaded it and locked it up. Even if you have a CCW license they're not going to be nice to you.

Edit: You really should go to the Wiki. It's probably your best resource. http://www.calguns.net/calgunforum/s...d.php?t=186457

[xibunkrlilkidsx]

Umm. . . If you are planning to lock up your gun in your backpack and then take it into a posted building. . . Major bad news if they catch you. The posted buildings mean that if they catch you with a weapon they're gonna do bad things to you and I don't think they're going to be nice to you even if you've unloaded it and locked it up. Even if you have a CCW license they're not going to be nice to you.

Edit: You really should go to the Wiki. It's probably your best resource. http://www.calguns.net/calgunforum/s...d.php?t=186457

ah..theyre considering it a federal building arent they, like courts and yadda. that i didnt think of.

[OleCuss]

ah..theyre considering it a federal building arent they, like courts and yadda. that i didnt think of.

A slight distinction to be made. They are considering it a "federal facility" if it has been posted. There are federal buildings which (at least for the purposes of NPS and firearms) which are not "federal facilities".

No firearms in posted "federal facilities" but you can carry firearms into any "federal building" which is not designated as a "federal facility" within Yosemite National Park. (As long as doing so is legal under California State law.)

[jpr9954]

im going camping and plan on taking my handgun with me in yosemite.

now can i keep my handgun loaded while it is in my tent(with me at camp obviously)? Would i need to leave it in a locked container in my tent?


If someone calls rangers about a man with a firearm, IE unloaded open carry or just seeing my case while unloading, and i put my gun in the tent do rangers have the ability to search my tent w/o my permission?

That is the part of the premise behind the lawsuit filed by the Mtn States Legal Foundation against Nevada. The case is Baker v. Biaggi et al. They are seeking to have a tent defined as a temporary domicile protected by the 2nd Amendment.

http://onlygunsandmoney.blogspot.com/2010/07/nevada-state-parks-sued-over-gun.html

[GrizzlyGuy]

Per 12031, you can have a loaded gun anywhere within your tent or campsite:

(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.

This includes Yosemite since firearms are only prohibited within the "federal facilities" (basically the buildings).

[paul0660]

firearms are only prohibited within the "federal facilities" (basically the buildings).

When posted, which has been mentioned before.

Important to note there is a school somewhere in Yosemite, which has to be kept in mind when UOC.

[Flopper]

Per 12031, you can have a loaded gun anywhere within your tent or campsite:



This includes Yosemite since firearms are only prohibited within the "federal facilities" (basically the buildings).

In light of that, how then does Overturf make any sense?

The PC and case law of Overturf seem to make two separate classes of residences:

1. Permanent residences that must have restricted access to the grounds in order to carry unrestricted, and

2. Temporary residences that specifically say that the entire campsite is an unrestricted carry zone.

I understand that there are plenty of instances where the PC will intentionally make such distinctions, but this is one case where such a distinction doesn't make sense.

It would seem to me that the People would have, if anything, a GREATER right to carry at their permanent residence than at a temporary one.

Any thoughts?