Help with California gun laws related to RVs?

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.