Can a motor home resident travel state to state with a handgun?

[nybuckboy]

I was talking to a coast to coast truck driver today about differing laws regarding licensing for truckers and how a person can buy a MH, pull a car with it across country and have no more than a standard licence yet a trucker must have a class A. No sense!

In the process of our talks we shifted to handguns and CCW, the Utah licenses and reciprocity with about 38 states, Illinois passing the CCW, etc.

He said that that he heard that because the motorhome is the person's home, they can carry a handgun in the motorhome and cross state lines legally. He said that the person could not leave the motorhome with the handgun but for protection in the motorhome it was legal.

Thoughts?

 

[bobqdevon]

Then it could be said that the same logic would apply to cross country truck drivers, being that the truck is their "home" for a good majority of the time every week.

But, alas, it's just not that simple. When you travel, you are governed by the laws of the state in which you currently standn regardless of any other state's laws.

Sent from my phone (which explains all the typos), using the USACARRY app.

 

[williemartin]

I would think that this point could be argued for the 'full-timers'. Where do they keep their weapons when they travel? Leave them at home? Maybe one of our more knowing folks can chime in on this. I see the 'home' on wheels.

Any lawyers out there?

 

[tcox4freedom]

We do have a few full-timers here. (Maybe some of the will chime in in a bit.)

As I understand it, Federal transportation laws come into play when transporting a firearm
-- and --
an RV is considered a persons "home" so you have the same HD & SD rights as any other homeowner.

But!
State possession & CC laws may also apply if you intend on spending any time in a particular state.

You can find more information here about RV travel & firearms in the USA: Link Removed

Here's the link for info on Canada: Firearm Users Visiting Canada - Royal Canadian Mounted Police


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[DRNurse1]

I know of a situation many years ago when a CCW holder from Florida was treated to a night in an Albany, NY prison because his handgun was in the cab of his pick-up and not in the attached slide on camper. Officers stated that if the handgun owner had placed the handgun in the camper, the search would require a warrant. As it was, when asked if the cab contained firearms and if the officers could search the cab, the firearm owner chose to incriminate himself rather than claiming the 5th and declining permission to search.

I wonder if OTR truckers have the same privilege of declaring the sleeper compartment as an attached home?

 

[BC1]

I was talking to a coast to coast truck driver today about differing laws regarding licensing for truckers and how a person can buy a MH, pull a car with it across country and have no more than a standard licence yet a trucker must have a class A. No sense!

In the process of our talks we shifted to handguns and CCW, the Utah licenses and reciprocity with about 38 states, Illinois passing the CCW, etc.

He said that that he heard that because the motorhome is the person's home, they can carry a handgun in the motorhome and cross state lines legally. He said that the person could not leave the motorhome with the handgun but for protection in the motorhome it was legal.

Thoughts?

:nono: Don't drive it into NY unless you intend to drive straight through, uninterrupted....... your new address will be a NYS penitentiary. :hang3:

 

[tcox4freedom]

I know of a situation many years ago when a CCW holder from Florida was treated to a night in an Albany, NY prison because his handgun was in the cab of his pick-up and not in the attached slide on camper. Officers stated that if the handgun owner had placed the handgun in the camper, the search would require a warrant. As it was, when asked if the cab contained firearms and if the officers could search the cab, the firearm owner chose to incriminate himself rather than claiming the 5th and declining permission to search.

I wonder if OTR truckers have the same privilege of declaring the sleeper compartment as an attached home?

It's my understanding that they do have some protections that have been upheld in court. But, I'm not to sure of the requirements. There is also the issue of PU & delivery on government installations. (Where any weapons "anywhere" can land you in a heap of trouble.)

I do know people who are full timers & travel NY, NJ, Commiefornia and other AG states. I have been told that as long as their firearms are unloaded, locked up & in the back (living quarters) or in the storage bins (not readily accessible) there are no issues.

Of course, the LE departments all across the nation have been alerted to the danger of roving RV gang activity. (After all, people who drive around in motor homes worth hundreds of thousands of dollars are often affiliated with known criminal activity.) :sarcastic:


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[nybuckboy]

Then it could be said that the same logic would apply to cross country truck drivers, being that the truck is their "home" for a good majority of the time every week.

But, alas, it's just not that simple. When you travel, you are governed by the laws of the state in which you currently standn regardless of any other state's laws.

Sent from my phone (which explains all the typos), using the USACARRY app.

He mentioned this to me that why can't full time coast to coast truckers have the same rights cause after all their sleeper cab is their home on the road often times.

 

[Jay]

Residency requirements will most likely play a part in the "home" aspect of a mobile home, or RV.

 

[BC1]

It's my understanding that they do have some protections that have been upheld in court. But, I'm not to sure of the requirements. There is also the issue of PU & delivery on government installations. (Where any weapons "anywhere" can land you in a heap of trouble.)

I do know people who are full timers & travel NY, NJ, Commiefornia and other AG states. I have been told that as long as their firearms are unloaded, locked up & in the back (living quarters) or in the storage bins (not readily accessible) there are no issues.

Of course, the LE departments all across the nation have been alerted to the danger of roving RV gang activity. (After all, people who drive around in motor homes worth hundreds of thousands of dollars are often affiliated with known criminal activity.) :sarcastic:


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Let me clear this up. There are certain times when persons are exempt from criminal charges when possessing a handgun in NYS. NYS PL 265.20 provides exemptions from charges of criminal possession of a weapon. One provision allows nonresidents to possess a gun when here for training, education or trade-related shows. They may enter and leave within 48 hours of the event. If stopped they must have their home-state permit or FOID and proof of registration for the event. They may not carry the gun at all.
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NY will not allow the possession of a handgun by any non-resident unless he has a permit. There is no provision under the law exempting anyone from criminal charges if driving a camper or sleeper. If you are a non-resident you may not possess a handgun within the state anywhere unless you have a permit or are passing through and protected under federal law. Nonresidents may obtain a NY permit if they own a business here. Other than that you'll go to jail. There is no debate on this subject. Whoever is telling you it's legal in certain situations does not know the law here. And we have NYC to thank for it. They control the state legislator due to their population. Upstate residents haven't enough numbers to right these wrongs. We're disenfranchised at the voting booth.

 

[jrs]

BC1 is absolutely correct. You need to have your handgun(s) secured in accordance with Federal transport regulations if traveling THROUGH New York State.

In NY, it is illegal to 'possess' any handgun without a permit. In strict terms, you cannot have a handgun in your home, car, trailer, motorhome, truck or on your person (concealed or exposed) without a permit. If I, with an unrestricted CCW permit, borrow a friend's pistol...and the serial number is not listed on my permit...I am illegally 'possessing' a weapon without a permit and could be subject to arrest and conviction.

In fact, the process for purchase is as follows... Purchase the handgun and receive the paid invoice...go to the permit office and have the serial number added to your permit...go back to the gun shop and pick up your handgun. If you were to take your newly purchased gun with you prior to adding it to your permit...you are in possession of an illegal handgun.

DO NOT STOP for anything other than gas or food(take-out). If you plan a day of sightseeing and have your weapon in the car (even if secured, unloaded, etc), you illegally possess a handgun. You'll be able to enjoy a stay in the tin-cup hotel.

 

[Nightmare45]

Is not the all American permit the 2nd Amendment to the constitution.

 

[snatale42]

I was talking to a coast to coast truck driver today about differing laws regarding licensing for truckers and how a person can buy a MH, pull a car with it across country and have no more than a standard licence yet a trucker must have a class A. No sense!

In the process of our talks we shifted to handguns and CCW, the Utah licenses and reciprocity with about 38 states, Illinois passing the CCW, etc.

He said that that he heard that because the motorhome is the person's home, they can carry a handgun in the motorhome and cross state lines legally. He said that the person could not leave the motorhome with the handgun but for protection in the motorhome it was legal.

Thoughts?

Not completely true, in some states you need a permit simply to possess. In those state it wouldn't matter. Plus I'm willing to bet even in pro-states a MH would be considered a vehicle, not a home.

 

[MDT]

I believe you must consult the laws in the states you are wishing to travel. Every state has different requirements.

 

[eagleks]

Depends entirely with the state you are in and their laws.

HERE , a RV is considered your home when you are using it, and so is your motel room... it's considered your temporary home ... so all gun rights related to your home follow you in terms of those.
The castle doctrine here , also applies to your car in the sense that anyone "illegally entering an occupied vehicle" is basically treated almost exactly the same as if they had entered your home.

 

[tricolordad]

I can see the states of NY, CT, MA, CO, IL and CA arguing that the driver has residency in the state that issued the liscense plate found on the motor home, regardless of what any law says. Besides that, do you think that any public official in any of those states has ever taken the time to read the laws? Take a look at any NYC cop and that question is already answered. Sheeesh look at ESU! They have never even heard of the 4A.

 

[DRNurse1]

Now the NYS laws get even stranger: they have a magazine capacity limit. At one time I shot competitively in NYS. The rules were simple: carry evidence of participation verifying you are shooting and transit NYS in no more than 48 hours, carry unloaded hand guns in one locked container inaccessible to the occupant of the vehicle and empty magazines and ammunition in a separate inaccessible locked container. This worked well and I competed with LEO's who agreed this approach was correct.

In the brave new NYS, magazine capacity is limited to 7 or fewer rounds. Well, My .22LR magazines' capacities are 10 rounds and most of my .45ACP magazines are 8 rounds. I have not heard how the new law affects out of state competitors and until some definitive information is provided, I am declining to enter competitions in NYS.

BTW, I traveled through NYC without stopping to competitions on Long Island using the same protocols, but I was particularly careful to NOT attract LEO's attention while in NYC. I do not want to be their test case. But now, I am just waiting. I sent a letter the the NY State Police Commandant requesting clarification in writing about 6 months ago...still waiting.

 

[BC1]

Now the NYS laws get even stranger: they have a magazine capacity limit. At one time I shot competitively in NYS. The rules were simple: carry evidence of participation verifying you are shooting and transit NYS in no more than 48 hours, carry unloaded hand guns in one locked container inaccessible to the occupant of the vehicle and empty magazines and ammunition in a separate inaccessible locked container. This worked well and I competed with LEO's who agreed this approach was correct.

In the brave new NYS, magazine capacity is limited to 7 or fewer rounds. Well, My .22LR magazines' capacities are 10 rounds and most of my .45ACP magazines are 8 rounds. I have not heard how the new law affects out of state competitors and until some definitive information is provided, I am declining to enter competitions in NYS.

BTW, I traveled through NYC without stopping to competitions on Long Island using the same protocols, but I was particularly careful to NOT attract LEO's attention while in NYC. I do not want to be their test case. But now, I am just waiting. I sent a letter the the NY State Police Commandant requesting clarification in writing about 6 months ago...still waiting.

Let me clear this up too.
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Mag capacity is not limited to seven rounds. You can only load seven but may still keep 10-round-mags. Mags can be fully loaded at the range or in competition or training.
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No definitive information will be provided by the state police. You need to understand the law on your own or through an attorney. Provisions for nonresidents are found in NYS PL 265.20 (Exemptions), which have not changed. You may still follow the same protocol as in the past. I would STRONGLY caution you not to pass through NYC. That's where the trouble will occur.