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Truck tent camping - loaded gun legal?

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  • Texas Boy
    Senior Member
    • Sep 2008
    • 804

    Truck tent camping - loaded gun legal?

    OK, I know in a motor home, if the motor home is parked and "camping", I can have a gun anywhere in the motor home, unlocked and loaded. The motor home is my "residence" and regardless of park rules on firearms, the gun in my motor home is the same as a gun in my house (please correct me if I'm wrong). Taking the gun outside the motor home or driving the motor home is obviously a different matter.

    But what about a "truck tent"? (These are tents that use the truck bed for sleeping quarters and usually extend onto the ground for extended room. I know I can't have a loaded (or unlocked) gun in my vehicle, even if parked. It has to be locked and unloaded. But is the "truck tent" a vehicle or my domicile in this case? I would argue that it is my temporary residence and therefore the same rules apply as a parked motor home, but does anyone know? I guess a similar case might be a semi with a sleeper cab, but my specific concern is a pickup or SUV with an attached tent that utilizes the vehicle for additional space.

    Thanks.
    ...the right of the People to keep and bear arms shall not be infringed.
  • #2
    ldivinag
    In Memoriam
    • Oct 2005
    • 4858

    will the truck tent be moving?

    if no, they yes, that is currently your home AT THE MOMENT.

    once you pack everything up, then the locked handgun in a vehicle becomes the rule...


    of course i aint a lawyer so...
    leo d.

    Comment

    • #3
      Glock22Fan
      Calguns Addict
      • May 2006
      • 5752

      What's the difference (as far as temporary "residence" is concerned) between a truck tent and any other tent? Usually a truck tent will, as the OP observed, have an extended section, and this will usually be pegged down. Therefore the truck certainly can't be used as a vehicle while being used as a tent.

      My query is less clear. Suppose I lose my job and all my money, and have to live in a cardboard freezer box under an underpass. Can I keep a loaded firearm there?
      John -- bitter gun owner.

      All opinions expressed here are my own unless I say otherwise.
      I am not a lawyer and this is not legal advice.

      sigpic

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      • #4
        bombadillo
        I need a LIFE!!
        • Nov 2007
        • 14810

        More to answer the second part of your question about taking it outside of the truck, if you are in a campsite, the surrounding part of your site is YOUR residence at that point and again people wiser can correct me if I'm wrong but it is the same as carrying on your property concealed or not. I was under the impression that I could conceal carry in my camp site just as I could mowing my front yard because that was my domicile and residence at that point in time.

        Comment

        • #5
          GrizzlyGuy
          Gun Runner to The Stars
          CGN Contributor - Lifetime
          • May 2009
          • 5468

          See here for a summary of the statutory law and case law. My opinion that I haven't changed since then:

          Originally posted by GrizzlyGuy
          In terms of whether a gun can be loaded inside your vehicle while parked at a forest service/BLM campsite and you are actually sleeping in your vehicle, I believe that is legal (IANAL your mileage may vary). See here and 12031 (l) for background on why I believe that. 12031(l):
          Gun law complexity got you down? Get the FAQs, Jack!

          sigpic

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          • #6
            CycloSteve
            Member
            • Apr 2010
            • 198

            Related tangent...if a person is homeless and living in their vehicle, would they be able to keep their firearm unloaded and properly stowed during the day, yet loaded and at the ready when "camped" each night? I am sure there must be some precedent here.
            "Common sense is not so common" - Voltaire

            "Freedom is always just one generation away from extinction. We don't pass it to our children in the bloodstream; we have to fight for it and protect it, and then hand it to them so that they shall do the same, or we're going to find ourselves spending our sunset years telling our children and our children's children about a time in America, back in the day, when men and women were free." - Ronald Reagan, 1961

            Comment

            • #7
              Glock22Fan
              Calguns Addict
              • May 2006
              • 5752

              Originally posted by bombadillo
              More to answer the second part of your question about taking it outside of the truck, if you are in a campsite, the surrounding part of your site is YOUR residence at that point and again people wiser can correct me if I'm wrong but it is the same as carrying on your property concealed or not. I was under the impression that I could conceal carry in my camp site just as I could mowing my front yard because that was my domicile and residence at that point in time.
              Your front lawn is not part of your residence for this purpose, unless it is fenced off and inaccessible to the general public (including UPS and similar). AFAIK, there is no case law for this (except, vaguely, Overturf, perhaps - and that is somewhat outdated) but I suspect you would have to fence off the campsite with a locked gate before you can carry outside your tent or RV etc.

              Originally posted by CycloSteve
              Related tangent...if a person is homeless and living in their vehicle, would they be able to keep their firearm unloaded and properly stowed during the day, yet loaded and at the ready when "camped" each night? I am sure there must be some precedent here.
              Here, I suspect you might have problems unless you are parked in a place where living in your vehicle was specifically permitted. Otherwise, unless you were actually in your sleeping bag, you are no different to me sitting in my car's back seat in a parking lot. But, IANAL.
              John -- bitter gun owner.

              All opinions expressed here are my own unless I say otherwise.
              I am not a lawyer and this is not legal advice.

              sigpic

              Comment

              • #8
                bombadillo
                I need a LIFE!!
                • Nov 2007
                • 14810

                Originally posted by Glock22Fan
                Your front lawn is not part of your residence for this purpose, unless it is fenced off and inaccessible to the general public (including UPS and similar). AFAIK, there is no case law for this (except, vaguely, Overturf, perhaps - and that is somewhat outdated) but I suspect you would have to fence off the campsite with a locked gate before you can carry outside your tent or RV etc.
                I'm not so sure on that one. I'm sure librarian or someone who knows penal code better than I do but one's residence extends out to the edges of your property. As far as I understand, you CAN conceal carry to the edge of your property fenced or not. Case law or not, it is still your property and at least where I am at most of the campsites are actually fenced around the site with redwood fencing. Its a 2' fence that they put up to distinguish one from the other to keep people from arguing where they can or can't set up a clothes line.

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