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Thread: Camping in state/county parks?

  1. #1
    Regular Member anmut's Avatar
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    Camping in state/county parks?

    I was wondering if anyone could shed some light on whether or not tents/campers fall under 4th ammend protection when located on land within state/county parks?

    The reason I am wondering is because while you can't open carry it would be nice to have the option to have one in your sleeping domicile.

  2. #2
    Regular Member grinner's Avatar
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    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    "Effects" essentially means "belongings" or "personal property" or "stuff".

    So while the tent isn't a house, it's a container of your stuff, and looking inside it would be equivalent to looking inside a backpack.

    There are exceptions to the 4th amendment, like if an officer hears a scream for help, or if the officer sees you carrying and sees you throw the gun into your tent. But for the most part, your personal effects are protected from search unless you consent.

    I'm not a constitutional lawyer.

  3. #3
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by grinner View Post
    for the most part, your personal effects are protected from search unless you consent.
    Or unless you're in Brookfield...
    ::whistling innocently::

  4. #4
    bhancock
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    Protected by the Constitution, not necessarily the LEO's who need a little Constitution 101.

  5. #5
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    Think of the real property as your personal real estate and of the trespasser as claiming privilege. No. There is no privilege for a trespasser.

  6. #6
    Regular Member Krusty's Avatar
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    Camping

    When I have gone camping it has been in County Parks as opposed to State Parks and I always OC. There is no restriction in the County Parks for OC but State Parks have the State Law against open carry. I wonder just how much money the State of Wisconsin is losing out on because of this law? The County Parks are great, and there is no vehicle sticker to buy. I realize that this comment is a little off topic.

  7. #7
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    We advocate for the 'law-abiding' only

    Quote Originally Posted by Krusty View Post
    When I have gone camping it has been in County Parks as opposed to State Parks and I always OC. There is no restriction in the County Parks for OC
    http://www.co.la-crosse.wi.us/depart.../ParkRules.pdf
    Quote Originally Posted by La Crosse Parks Rules
    FIREARMS, HUNTING, TARGET PRACTICE and DEER FEEDING. (1) No person shall have in his possession or under his control any firearm unless the same is unloaded and enclosed within a carrying case.
    http://forum.opencarry.org/forums/misc.php?do=showrules
    Quote Originally Posted by OCDO RULES
    WE ADVOCATE FOR THE 'LAW-ABIDING' ONLY: Posts advocating illegal acts of any kind are NOT welcome here. Even if you feel that a law is unconstitutional we do not break it, we repeal it or defeat it in the courts.
    Last edited by Doug Huffman; 08-03-2010 at 10:23 AM.

  8. #8
    bhancock
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    I was going to point that one out too. I am not sure what the majority of counties have done with this since preemption, I know some revised or repealed local ordinances but La Crosse County did not. I am in discussions about this with Corporate Counsel and La Crosse County DA and right now the DA feels the local local ordinance is no stricter than the State Park prohibition.

    My son visits Goose Island County Park a couple times a week and recently witnessed what 'appeared' to be a friendly discussion between LEO and an open carrier there. I could not tell you if he was charged with violating the ordinance or not, I did not see anything in the news or police blotter about it. But I can tell you that the DA is still enforcing and has only advised me that the State Supreme Court has ruled that concealed carry is permitted in some situations. Of course he also said the SSC did not give any guidance so it would be totality of circumstances, LEO report, and then the DA deciding whether or not to prosecute, fairly risky to trust how that would play out.

    No person shall have in his/her possession, or under his/her control, any firearm or airgun unless the same is unloaded and enclosed within a carrying case.

    EXCERPT From e-mail La Crosse County DA

    "....So it appears the county law is not invalidated by any state law, at least in my initial reading of it.

    Here is part of the holding from Judge Alito:"

    It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not "a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose." 554 U. S., at ___ (slip op., at 54). We made it clear in Heller that our holding did not cast doubt on such longstanding regulatory measures as "prohibitions on the possession of firearms by felons and the mentally ill," "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms." Id., at ___–___ (slip op., at 54–55). We repeat those assurances here. Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms.

    "So I don't agree at all that the court invalidated the statutes relating to carrying weapons in to public buildings, or schools, etc. In fact Alito seems to say just the opposite. Regarding concealed carry, Wisconsin has already addressed the idea that for self-defense in some situations you can conceal weapons, and I don't see anything in the McDonald or Heller decision changing that concept. In other words, you can carry a gun openly, other than in government buildings, schools, taverns, etc. You may be able to carry a concealed weapon for self defense, depending on the circumstances, and the county or city or state cannot keep you from owning weapons in your own home. Beyond that I don't see the court case changing other federal or state laws regarding carrying of firearms."

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