Firearms in a motorhome?
- Thread starter Matt1911
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geekWithA.45
Moderator Emeritus
Ahem.
I am not a lawyer, and I don't know what jurisdiction this applies to, but what I've heard is that a motor home in transit is generally treated the same as a car for 4th amendment purposes.
There is even some question as to whether the 4th applies if it's "docked", and it may vary with whether the motor home is docked "permanently" or not.
The recommendation I've heard re: firearms transport is to follow the guidelines for interstate travel: ie unloaded, locked, and as far from the driver as practical.
I think the NRA ILA research website discussed this, IIRC.
I am not a lawyer, and I don't know what jurisdiction this applies to, but what I've heard is that a motor home in transit is generally treated the same as a car for 4th amendment purposes.
There is even some question as to whether the 4th applies if it's "docked", and it may vary with whether the motor home is docked "permanently" or not.
The recommendation I've heard re: firearms transport is to follow the guidelines for interstate travel: ie unloaded, locked, and as far from the driver as practical.
I think the NRA ILA research website discussed this, IIRC.
Pilgrim
Member
Rolling, or ready to roll, it is treated as a motor vehicle. Parked, hooked up to services such as electric, water, sewage as in a RV park it is a residence. In assessing whether it is a motor vehicle or a residence for Fourth Amendment purposes, the courts will look at the totality of the circumstances to make a determination.
In United States v. Levesque, a 1985 case, the court disallowed a warrantless search of a motor home that was not readily mobile:
"The trailer at issue.... was situated in a trailer park and on a lot, objectively indicating that it was being used as a residence. Although the truck which tows the trailer was only a few feet from the trailer, the trailer was not readily mobile in light of the fact that one end of the trailer was elevated on blocks and that the trailer was connected to utilities at the campground, and also because of the three quarters of an hour lead time to connect the trailer and truck. The mobile home exception to the warrant requirement would appear to have no application herein."
In United States v. Levesque, a 1985 case, the court disallowed a warrantless search of a motor home that was not readily mobile:
"The trailer at issue.... was situated in a trailer park and on a lot, objectively indicating that it was being used as a residence. Although the truck which tows the trailer was only a few feet from the trailer, the trailer was not readily mobile in light of the fact that one end of the trailer was elevated on blocks and that the trailer was connected to utilities at the campground, and also because of the three quarters of an hour lead time to connect the trailer and truck. The mobile home exception to the warrant requirement would appear to have no application herein."
Mike Irwin
Member
The National Motorhome Association (I think that's the name) has kept track of laws and rulings applicable to motorhomes and guns. Unfortunately, it's apparently neither straightforward or consisten from state to state.
Zundfolge
Member
Go to www.packing.org and check each of the states you plan on driving through for "peaceable journey laws". Most states have them (especialy in the West)
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