RV Carry, experience or links to share?

[Sevens]

Does anyone have experience to relay in regard to cross country RV with a firearm? If it matters, I'm speaking of a motorhome and not a camper and the owners of the vehicle are Michigan residents and do not have any State-issued carry license, however both are 100% felony free with clean records.

I understand that there is a distinction between vehicle and "domicile" and that FOPA is a (crappy) alternative defense after the fact, but if anyone has experience, thoughts are quality links to share, I am all ears!

[Brian D.]

I hope that JustaShooter sees this thread, he'll know. Hopefully your friends will avoid travel to or through states whose default mode is antigun.

[JustaShooter]

Wow, that's a lot to unpack. There is no one answer, it all depends on the states involved. And, beyond that, it's going to involve case law for many of those states since there could easily be two sections of law that could apply. For example, in Ohio before unlicensed carry, the only sure way to transport legally would be unloaded and properly stored since both ORC 2923.12 and .16 applied, and it is unclear if the exception for carrying or having under one's control in one's own home (note, not "residence" or "domicile") would apply to transport in an RV.

What I would do is plan the route, use http://www.handgunlaw.us" onclick="window.open(this.href);return false; to review car & RV carry laws for each state that is not a constitutional/unlicensed carry state that allows nonresidents to carry without a license (all but North Dakota do so), and go from there.

I'm happy to help with that research if desired.

[Sevens]

Appreciate your offer. Not exactly a specific trip... for a retired couple that recently purchased a motor home.

FOPA seems pretty weak... and I'll be honest, I've always been conflicted. Obviously, I'm staunch Pro-2A and pro liberty, but I've always been extremely leery of anything that tramples state's rights.

I've been a fan of handgunlaw.us for a decade and a half and have even supported them with donations because I support all their effort. But I'm not seeing much of a fast answer, it mirrors what you're saying.

[JustaShooter]

Appreciate your offer. Not exactly a specific trip... for a retired couple that recently purchased a motor home.

Gotcha - that does complicate things further.

FOPA seems pretty weak... and I'll be honest, I've always been conflicted. Obviously, I'm staunch Pro-2A and pro liberty, but I've always been extremely leery of anything that tramples state's rights.

Agreed, it is weak since it is an affirmative defense so you get arrested, charged, taken to trial where you must admit to the charge and present proof you were covered under FOPA as a defense - and, given the type of travel you describe they may well not be covered depending on how each leg of the trip pans out. That's one of the reasons I didn't even mention FOPA.

As to states rights, I don't think FOPA steps on them at all. It makes a (weak) attempt at supporting the RKBA guaranteed by the 2A when states infringe on it.

[Cybercop]

It's fairly easy from a LEO point of view, at least on Ohio. That RV is their "Home" for all legal purposes, so your going to need reasonable cause to acquire a search warrant. In other words unless they suspect you are carrying a load of unregistered machine guns, especially if you have no priors or police contact. Your not going to have to worry about it.

Jim

[evan price]

I can only say that I've pulled a travel trailer with my ccw and a couple "house guns" inside all over the US, but not across the Canadian border, with no issues. We spend summer up by Sault St Marie Michigan.
I'm not exactly the best role model so take that for what is worth.

[kcclark]

It's fairly easy from a LEO point of view, at least on Ohio. That RV is their "Home" for all legal purposes, so your going to need reasonable cause to acquire a search warrant.

This lawyer is in Virginia and he thinks a search warrant is unnecessary because an RV is not your home.

Starts talking about it at 1:28

https://www.youtube.com/watch?v=n6hiabfe90c&t=479s

I do believe an appeals court in CA did somewhat recently make a ruling that your RV is your home because so many people are living full-time in their RVs out there due to cost of housing.

[M-Quigley]

It's fairly easy from a LEO point of view, at least on Ohio. That RV is their "Home" for all legal purposes, so your going to need reasonable cause to acquire a search warrant.

This lawyer is in Virginia and he thinks a search warrant is unnecessary because an RV is not your home.

Starts talking about it at 1:28

https://www.youtube.com/watch?v=n6hiabfe90c&t=479s

I do believe an appeals court in CA did somewhat recently make a ruling that your RV is your home because so many people are living full-time in their RVs out there due to cost of housing.

I guess if you're going to Virginia and are concerned about having a loaded gun in the RV you should have a CHL from somewhere, even though Ohio no longer requires them in Ohio?

[Cybercop]

It's fairly easy from a LEO point of view, at least on Ohio. That RV is their "Home" for all legal purposes, so your going to need reasonable cause to acquire a search warrant.

This lawyer is in Virginia and he thinks a search warrant is unnecessary because an RV is not your home.

Starts talking about it at 1:28

https://www.youtube.com/watch?v=n6hiabfe90c&t=479s

I do believe an appeals court in CA did somewhat recently make a ruling that your RV is your home because so many people are living full-time in their RVs out there due to cost of housing.

In the end it's going to wind up in front of a judge either way, I've just always gone by if the IRS will let you declare your camper/RV as a second home for tax purposes, well it's a domicile. I haven't been corrected by a prosecutor or supervisor so I just assume I was correct.

Jim