Help with California gun laws related to RVs?

DownTheAvenue wrote:

beemerphile1 wrote:
I would understand the law as when on the road the MH is a vehicle and when parked it is a residence.

This is the most logical, and while the courts are sometimes not what most people would consider logical, your statement would be a great base for an argument to present in court and, without doing research, I think there would be plenty of case law in any state to support this opinion.

I would qualify my earlier statement about when parked. If in a store parking lot the MH would probably still be considered a vehicle even if parked. This could be a bit of a gray area. At an overnight stop/parked it would be a residence.

I live in CA and own guns. I just happen to have a car with no trunk and a truck with, can you believe it, no trunk. I believe the police in CA do not know the CA gun laws and licensed gun safety instructors know less. I contacted the Calif. Attorney General’s office, who govern gun ownership and handling in CA, and they say an RV is your home and you may have a loaded gun in your home for self defense. They encouraged me to keep it locked unloaded and in a secure place in the RV. They are reluctant to answer questions and repeatedly referred me to the CA gun laws!
I keep a loaded pistol, 10 shell hollow point magazine, ready at home at all times. When I travel with the pistol to a shooting range it is locked with a cable lock, in a case and in a zipper locked knapsack in the back seat. The ammo is in a separate compartment in the knapsack. Most of the shooters at my indoor range are police and no one has ever said a thing to me. Remember no one will say anything until something bad happens, and then it is too late.

California is really two states in one.

Depends upon the county.

In the urban counties gun law enforcement is very strict -- SF, LA, et al. They will fabricate some excuse to prosecute you, even if they have to dig deep into the codes to find some trivial obsolete offense. You may eventually prevail in court, but your life will be hell until charges are cleared.

In the rural counties LE will largely not care. You could haul a loaded howitzer in the back of your pickup and get a friendly wave from the local cops. That is an exaggeration, but as long as you are not a felon or blatantly doing something stupid local LE will not make an issue of how you carry a weapon in your RV.

My concern is this: The way I read this no permit is needed to have a gun in the house (motor home).. Ok, I won't comment on that other than to say I can respect it.

But this is California.....

Recalling an episode of Bonanza where Hoss left home and set out on his own... Well he got into this town and wound up being sheriff.. There was a gang of notorious bank robbers there but they had never done anything bad in California, IN fact they banked their stolen money in that town's bank.. Hoss "Faked" a bank robbery, Got them to join the possie, and then chased the bank robbers.. Finally he ran into his Dad along with a collection of others including the local Sheriff.. Seems Hoss had led them over the state line to a state where they were wanted men.. hoss road back to town and the show continued, IT was a very funny eipsode for other reasons I won't spoil it.

My concern is this.. You are going from point A, in california, to point B, also in california, but your path leaves the state,, And you find yourself in a state where PERMITS ARE NEEDED to have a gun in your possession... Now what?

I'm not a legal expert, nor a firearm owner (my guns shoot solder, hot air, Beams of light, or Lubricants) so I'm not worried, But I think this might just be a talking point.

Bottom line... Is up to you folks for reasons just stated (does not affect me).

beemerphile1 wrote:
I would understand the law as when on the road the MH is a vehicle and when parked it is a residence.

This is the most logical, and while the courts are sometimes not what most people would consider logical, your statement would be a great base for an argument to present in court and, without doing research, I think there would be plenty of case law in any state to support this opinion.

Edd505 wrote:

DownTheAvenue wrote:

All states have different laws, and case law, both at the state and federal level has probably already defined when a motorhome is a vehicle and when it is a residence.

I am retired LE from another state with a very similar law. Read similar law, I also taught Law to new officers. Technically, read the definition of motorhomes /campers in the CA MV law and you'll have a definitive answer. I'll bet it defines both as RESIDENCES. Break into one is BURGLARY.

Done with the issue........

I beg to differ with your response. Since I have a law degree, I think I may just have a better handle on the topic. Your very narrow perspective is from a lay person. One concept lacking in your response is the issue of case law, which is individual Court rulings that further define or even expand existing legislation. Case law can be at the individual state level, federal courts from the same district as the contested issue (which would carry more influence) or from a different federal district, or even a Supreme Court ruling.

Example: most states would have in their laws a definition of a motor vehicle as well as a residence. The definition may be very clear what a residence is and a motor home probably would fit that criteria. Likewise with a vehicle. So which is which? Absent legislation which defines when a motorhome is a vehicle and when it is a residence, one would look to cases that have been adjudicated for examples. Those cases that where courts have ruled can be referred to as definitive.

So, even though legislation can have one written law, the intent of the legislation will be interpreted by the courts via case law and establishes, in essence, new law.

I would understand the law as when on the road the MH is a vehicle and when parked it is a residence.

I'm asking for very specific information/Internet links to answer my questions.

Best and most current I could find. Maybe somebody else has better link or something newer?

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf

Lived in CA for 30 yrs.
Competed in Cowboy Action Shooting for 20 yrs CA and other States

While in transit rifles/shotguns unloaded and stored completely separate of ammo
While in transit handguns unloaded in lock box and stored completely separate of ammo

With a MH.....transit
weapons unloaded inside.....ammo in one of the outside compartments
With MH.......parked
weapons and ammo can co-mingle

In the spring of 2014 I had to transport 6 long guns and 3 pistols from Redding Ca. to Medford Oregon for safe keeping for friends.
I went to the California Hwy Patrol office in Redding to see how to take them to Oregon, they came out to see my truck and told me to empty all guns and put the long guns in the back seat of my truck and than lock the amo in the camper. Than they told me to get a lock box and put the pistols in it unloaded and lock it and put it in the back seat floor and lock the amo in the back. The CHP were very nice and glad that I checked with them. Go to or call a CHP office and ask them about your wanting to have them in your MH and they will give you the answers you need to transport your firearms.