Oregon Court of Appeals: Rented campsite could be gun-carrying man's home

[The Heretic]

Learned a new word: "curtilage"

Curtilage - Wikipedia, the free encyclopedia

 

[The Heretic]

Okay, so this guy had a pickup truck with him that I think would qualify as an RV, besides the tent, and he had no permanent residence.

So yes, if you are just out weekending in a tent while having a permanent home or homes elsewhere, then a tent probably doesn't qualify.

Not really a worry for me for two reasons:

a) I am getting too old for tent camping. I like my comforts too much.

b) I will be camping in an RV, which is explicitly covered in the statute.

 

[oknow]

Okay, so this guy had a pickup truck with him that I think would qualify as an RV, besides the tent, and he had no permanent residence.

So yes, if you are just out weekending in a tent while having a permanent home or homes elsewhere, then a tent probably doesn't qualify.

Not really a worry for me for two reasons:

a) I am getting too old for tent camping. I like my comforts too much.

b) I will be camping in an RV, which is explicitly covered in the statute.

 

[ocarolan]

Okay, so this guy had a pickup truck with him that I think would qualify as an RV, besides the tent, and he had no permanent residence.

So yes, if you are just out weekending in a tent while having a permanent home or homes elsewhere, then a tent probably doesn't qualify.

Not really a worry for me for two reasons:

a) I am getting too old for tent camping. I like my comforts too much.
b) I will be camping in an RV, which is explicitly covered in the statute.

Yep the judges seemed open to a prosecution based on permanent versus temporary residence, but that was not pursued.

To be safe, I'd only rely on the RV exception when the RV is docked in a camp site. As Kevin Starrett warns in Understanding Oregon's Gun Laws, someone might decide an RV is a residence when parked, but a vehicle under 166.250 (1)(b) when moving.

Such would be a strange interpretation, but the Court has issued more surprising judgments on firearms. Briney and Ward are good examples.

Also remember how weapons case law is established. Usually weapons are add-on charges to people caught in the act of other crimes. With such defendants, the Court wants to ensure they meet some kind of justice. Ultimately though, their conclusion affects all of us.

 

[The Heretic]

Well, to make it clear, I intend to get my CC permit.

I had one in WA state years ago but failed to renew it when they went to the new type.

I just don't feel the need carry concealed that often. I can't carry where I am primarily exposed, between the parking garage and my office, because like many employers they prohibit "weapons" of any sort, and I have no place to put the firearm when in the office building before I get to my office. I know I would be fired and blacklisted if I was ever caught sneaking it in.

But I just bought a Kahr PM9 and that would be a nice little gun to carry concealed periodically (I sometimes go out with a chunk of cash to buy a new toy or tool and while I have never been robbed while doing so, one of these times it might happen and I would feel better if I had something along with me when I do that).

That said, this is a nice conversation about the legalities of the issues when you don't have the permit and I learned a few things.

Thanks.

 

[deen_ad]

Okay, so this guy had a pickup truck with him that I think would qualify as an RV, besides the tent, and he had no permanent residence.

So yes, if you are just out weekending in a tent while having a permanent home or homes elsewhere, then a tent probably doesn't qualify.

Not really a worry for me for two reasons:

a) I am getting too old for tent camping. I like my comforts too much.

b) I will be camping in an RV, which is explicitly covered in the statute.

Me too!! I have both WA CPL and OR CHL and our RV is 41' long so it's hard to miss that it's our residence when traveling.


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

 

[deen_ad]

To be safe, I'd only rely on the RV exception when the RV is docked in a camp site. As Kevin Starrett warns in Understanding Oregon's Gun Laws, someone might decide an RV is a residence when parked, but a vehicle under 166.250 (1)(b) when moving.

Such would be a strange interpretation, but the Court has issued more surprising judgments on firearms. Briney and Ward are good examples.

Not really "strange" as that's the consensus on several RV sites I frequent, usually backed up by LEO's on the sites. I've also seen it published in some RV magazines.
In fact they say that unless you're at a campsite and hooked to utilities you're still considered to be a vehicle.


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
NRA Recruiter
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

 

[ARKLITE881South]

Poor "reporting" at any rate.
Why did they use the term "packing heat"? To me that's derogatory.
And why was it a "victory for gun-rights? Seems like a simple, correctly made ruling.
Why was it called an "exception" to the law. It's simply the law.

"packing heat" is just another way for the liberal press/media to try to sway people into thinking people who carry guns, even legally, are all ''thugs''. Or some type of back alley criminals, mafia types, slinking around in the dark committing all sorts of crimes.