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Guns while camping.

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
imported post

Someone I know here in NV wanted to bring his handgun with him while camping in California. It appears to me that 12031 would allow a loaded gun in a camper or tent while on a campsite. (This is assuming it is not a national or state park.)

12031
(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.

I think he just wants to keep it in his camper and not carry it, but I would imagine that unloaded open carry would generally be legal in the parts of the campground where discharge is illegal so long as no government buildings were entered and one was not near a school... and loaded open carry would be allowed in any place where discharge is legal. Or is there something I am not thinking of here?

Lastly has anyone heard of any counties that have made rules that would prohibit guns in campgrounds? I'd provide additional details but I do not know what campground he is going to.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

1. 12031(l) exempts campsites and temporary residences. However, note the terminology! "Having" is not the same as "carrying" (see People v Overturf).

2. Localities can not prohibit possession of firearms in campgrounds. State law preempts local law on any firearm issue addressed by state law. The existance of 12031(l) would preempt any further restrictions on campsite carry. (This doesn't mean a locality wouldn't pass such a law, then arrest, prosecute, and jail someone for it.)

3. Make sure your friend is aware of firearm prohibitions in certain areas. (I can never get this straight... it's either State/Fed Parks or State/Fed Forests where firearms are prohibited...)
 
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