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Firearms and "Place of Residence"

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  • bsim
    CGN/CGSSA Contributor
    CGN Contributor
    • Mar 2008
    • 892

    Firearms and "Place of Residence"

    FYI, from LegalUpdatesOnline.com (SD DA):

    Firearms and "Place of Residence:"
    Garber v. Superior Court (May 13, 2010) 184 Cal.App.4th 724

    Rule:
    A person's trailer, even when equipped for living purposes, is not a "place of residence" when it's mobile and being used as a vehicle, and therefore does not qualify for the Penal Code exceptions to the illegal carrying of a concealed and loaded firearm.
    NRA Life Member
    SAF Life Member
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  • #2
    edwardm
    Senior Member
    • Oct 2005
    • 1939

    From a legal standpoint, this does not surprise me in the least. For me to argue that a moving trailer is a 'place of residence' for various PC firearms exemptions would be an exercise in intellectual dishonesty.

    Comment

    • #3
      jtmkinsd
      Senior Member
      • Mar 2010
      • 2352

      Which is why I always keep my guns in one of the lockable storage compartments.
      Originally posted by orangeglo
      Welcome to failtown, population = you.

      Comment

      • #4
        Cokebottle
        Seņor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        This is consistent with previous recommendations and comments from TRP.

        An RV only qualifies as a "temporary residence" when set up at a campsite.
        - Rich

        Originally posted by dantodd
        A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

        Comment

        • #5
          753X0
          Member
          • Oct 2010
          • 163

          Interesting excerpt...

          "Note: It has always been a rule that when a trailer or a motorhome is relatively, or at least temporarily, immobile, hooked up, for instance, to electricity, water, and maybe a waste dump, it is a residence. Unhook it and take it out on the road and it becomes a vehicle. This case falls in line with that theory. To hold otherwise would allow us all to start packing pistols in our RVs and carrying them wherever we go (an idea some may say is a good one). But unless and until the Legislature agrees that it's a good idea to make guns that mobile, there's going to be a limit. This case helps us find that limit."

          And I suspect that ultimately, Heller/McDonald will help them find their arse in the dark with both hands and a flashlight, which they currently seem unable to do.
          "No matter what his 'right' is, said "clown" went about it in the wrong manner and I hope all LEOs don't judge the rest of us that way.
          Plus 1 for Officer Durant."
          "Rio"

          "Res ipsa loquitur"

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