Loaded Gun While Camping

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Loaded Gun While Camping

Postby Fonejack54 » Fri Aug 16, 2013 11:41 am

My son asked me a question yesterday and not sure of the answer. First, he is 28 yrs old and no CHL (works 3 jobs and 6 days a week, just no time).
We discussed automobile carry of handguns and I explained the open carry options. I told him to open carry when camping in a state or national park and in private parks if not against policy. If I am wrong about the parks, let me know.
Where I was stumped, is, he asked if it was legal to have the loaded handgun inside the tent. So, if you've been hiking around all day open carrying, do you become illegal when you lay down in the tent?
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Re: Loaded Gun While Camping

Postby Brian D. » Fri Aug 16, 2013 12:09 pm

I don't see why, in and of itself, being inside the tent would change the legality of possessing the gun.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Loaded Gun While Camping

Postby DontTreadOnMe » Fri Aug 16, 2013 12:16 pm

It's legal.

I suspect you're confused because you conflate having a gun in a vehicle with concealed/open carry. It isn't. It's illegal because ORC 2923.16 makes it illegal to have a loaded firearm in a motor vehicle. It's legal for people who have a Concealed Handgun License because that law makes an exception for people with that license.

There's no law against having a gun (otherwise legally possessed) in a National or State park, so it's legal.
There's no law against having a gun (otherwise legally possessed) in a tent, so that's legal too.
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Re: Loaded Gun While Camping

Postby hutsona » Fri Aug 16, 2013 5:18 pm

So, if "we" change from a tent to a motor home, does the legality change? And are other state's (say, Indiana or Missouri) laws similar to Ohio in this regard?
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Re: Loaded Gun While Camping

Postby DontTreadOnMe » Fri Aug 16, 2013 7:46 pm

hutsona wrote:So, if "we" change from a tent to a motor home, does the legality change?


Very much so. A "motor home" is a "motor vehicle" as defined in the law so having a loaded handgun in a motor home is illegal (for non CHLs). The fact that it's your residence is an exemption to the charge of Carrying Concealed Weapons (RC 2923.12) but not to Improperly Handling Firearms in a Motor Vehicle (RC 2923.16).

No it doesn't seem fair, esp. if the motor home isn't being driven. I suspect if it's parked in a campground and obviously being used as a residence vs. transportation the charge wouldn't stick but afaik that hasn't been definitively ruled on by the courts.

hutsona wrote:And are other state's (say, Indiana or Missouri) laws similar to Ohio in this regard?


There are similarities and differences. According to http://www.handgunlaw.us both IN and MO allow firearms in state parks (except for Falls of the Ohio park in IN) but while Indiana also requires a carry license to have a loaded gun in a vehicle, MO doesn't. I encourage you to investigate the state laws of other states yourself. http://www.handgunlaw.us is a good starting point. The Traveler's Guide to the Firearm Laws of the Fifty States is another great resource.
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Re: Loaded Gun While Camping

Postby hutsona » Fri Aug 16, 2013 10:16 pm

Thanks a lot, DTOM. I'll have to pass the info on to my brother-in-law, as I'm sure he's thinking that once the motor home is parked, it's not a vehicle any more. ...and we don't want him to be the test case!
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Re: Loaded Gun While Camping

Postby CroManGun » Sun Aug 18, 2013 2:46 am

hutsona wrote:Thanks a lot, DTOM. I'll have to pass the info on to my brother-in-law, as I'm sure he's thinking that once the motor home is parked, it's not a vehicle any more. ...and we don't want him to be the test case!


According to ORC (Ohio Redneck Code) BR5.49: If the wheels are removed, it becomes a trailer. However, two motor homes cannot be joined together in order to construct a double-wide. :roll:
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Re: Loaded Gun While Camping

Postby mdoerner » Sun Aug 25, 2013 7:49 am

And just be thorough here.....a "travel trailer" (i.e. no motor) would be considered a "home" but with wheels? Or is it a vehicle? :D

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Re: Loaded Gun While Camping

Postby JustJack » Wed Sep 18, 2013 4:36 pm

mdoerner wrote:And just be thorough here.....a "travel trailer" (i.e. no motor) would be considered a "home" but with wheels? Or is it a vehicle? :D

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Regardless of the wheels, since it has no motor, it is not a 'motor vehicle'. Since ORC 2923.16 specifically states 'in a motor vehicle' you would not be violating the law. It's the motor that is the key.
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Re: Loaded Gun While Camping

Postby spioi » Tue Sep 24, 2013 4:19 pm

I keep dual mac 11's with me. I saw the blair witch project. I know what goes on out there.......
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Re: Loaded Gun While Camping

Postby pirateguy191 » Tue Sep 24, 2013 5:20 pm

spioi wrote:I keep dual mac 11's with me. I saw the blair witch project. I know what goes on out there.......


Bad camera work?
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Re: Loaded Gun While Camping

Postby catfish86 » Sat Sep 28, 2013 3:26 pm

Just for what its worth, Mobile Home's have "motor vehicle" titles and are transferred at the BMV just like a car. Work as a probate paralegal has me very familiar with that. A mobile home, however, is distinguished from the two motor vehicles/and/or motor BOAT that a spouse can transfer outside of probate. That is a good question. Which is why midnight votes with little debate are a bad idea. The more people speak on something, the more weird but true angles are brought up and dealt with.
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