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February 23rd, 2021, 03:34 PM #1Grand Member
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RV’s and firearms - 4th amendment protections and traveling
Hoping one of our resident law dogs can answer this:
If one lives full time in an RV and is traveling, does the RV count as a residence under 4th amendment protections, or would it fall under the FOPA laws?
I ask because I’m looking at purchasing an old ambulance that’s been converted/registered as an RV and am planning to move west to live in it full time while I save to buy a home.
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February 23rd, 2021, 05:24 PM #2
Re: RV’s and firearms - 4th amendment protections and traveling
Yes and yes, the way I understand and interpret it is when the RV is moving it's treated as a vehicle, when it's parked and you are "living" in it, it is treated as a home.
Not that it's the same thing but a "guide" for determining if FOPA or the 4A applies would be open container laws. If you are parked in your RV you can drink and have open containers, but as soon as you move the RV, you can be cited.
I did a little research on this when I was travelling between PA and FL and stopping in SC to sleep in the back of my truck.
I also did some research as it applies to commercial trucks with sleepers. Legal minds determined that any space forward of the sleeper was considered a commercial vehicle, and any areas behind the sleeper curtain was considered living area.
.The Hostler
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February 23rd, 2021, 05:52 PM #3
Re: RV’s and firearms - 4th amendment protections and traveling
There is a motor vehicle exception to the 4th amendment, which I think would also apply to RVs, if the RV was not hooked up to services.
FOPA only applies if the RV is moving through a state with only necessary stops.
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February 23rd, 2021, 05:59 PM #4Grand Member
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Re: RV’s and firearms - 4th amendment protections and traveling
That’s kind of how I interpreted it, however with a true RV (one without a divider separating the sleeping area from the cabin area) it gets a bit murky.
In my case I could put a door in between the cabin and cargo/sleeping area that locks and go from there. Also figured as with anything else, if a problem arises it’s better to not comply and deal with the consequences/argue the laws in court in this case. My main concern is with the long guns really, as I can plan my route to allow me to go thru states that honor my LTCF
Hopefully gunlawyer or Sig4Life can kick in and speak on this from a legal perspective. The only states I’m concerned about are Illinois and IndianaLast edited by HanzMcFeely; February 23rd, 2021 at 06:11 PM.
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February 23rd, 2021, 06:13 PM #5
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February 23rd, 2021, 06:31 PM #6
Re: RV’s and firearms - 4th amendment protections and traveling
Don't forget www.handgunlaw.us has an RV Carry section for every state. Could be a useful resource.
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February 23rd, 2021, 06:53 PM #7Grand Member
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Re: RV’s and firearms - 4th amendment protections and traveling
That really helps actually...
Ohio/Indiana/Illinois/Iowa/Nebraska/Colorado/Arizona are only states I’m planning on being in/passing thru. Illinois/Iowa I can avoid if I cut into Kentucky and up thru Missouri into Nebraska. Should be reciprocity with my LTCF in all the states I travel in at that point. Kansas is a maybe, but they have constitutional carry...
Handguns are the least of my concerns. It’s state “assault weapons”/hi cap mag laws I’m concerned over, and why I’ll likely avoid Illinois altogether
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February 23rd, 2021, 11:40 PM #8Grand Member
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Re: RV’s and firearms - 4th amendment protections and traveling
It is bizarre that, in a Free Country, this question even needs to be asked.
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February 24th, 2021, 12:06 AM #9Grand Member
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February 24th, 2021, 12:43 AM #10
Re: RV’s and firearms - 4th amendment protections and traveling
The Hostler
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