whats considered home?

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shiftyer1

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I was just watching tv when a strange question occured to me. What is a camper considered? And also whats considered a vehicle? I live in Tx and have the castle law so I have the right to defend my home, business, or vehicle, if I understand it correctly.

I've also lived in Mn and where you can't keep a loaded weapon in a vehicle. How does a home defense shooting work if U live in a travel trailer or a motorhome or on a weekend campout? Also does it make a difference if it's a weekend trip or a full time setup? I realize this is a strange question but it's late...ya know, been a long week. It seems as if it could be a real catch 22.
 
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shiftyer1 said:
I've also lived in Mn and where you can't keep a loaded vehicle in a car.
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What kind of vehicles are you attempting to keep in your car? :what: I'd love to see a photo of that. While loaded vehicles can be deadly weapons, mostly it's the loaded drivers I worry about ;)

Edit to add: By the way, may I use that quote in my signature? :D
 
In Utah, it's where you live, PERIOD. Mansion, motel room with weekly rent, cardboard box. If it's what you have, it's what you have.

There have been cases where motor homes have been disputed, in that a man has a right to privacy in his home, but at the same time, motor homes can quickly disappear with evidence, so they should have the same rules as cars as far as arrest, search, and seizure. Does your state law SPECIFY what is a home? Or does it just say 'dwelling'? Does it have to be some kind of fast structure? In California v Carney, (a case you should look up, I had to brief it for a class,) it was ruled that since the motor home that was searched was in a public parking lot, and not a mobile home park, it was more of a car than a home, and the search was upheld.
 
Too complicated to give a realistic brief summary.

Self defense laws of a residence or temporary residence or "castle doctrine" and legal loaded firearm possession laws in a campsite or temporary residence are two separate things in California. Yet one must explain them both to give a valid understanding of how it realistically applies.

Both require a full page of text and exemptions as they apply to the OP and would be rather confusing combined.
 
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It varies widely from state to state,OP.

Yeah, see, back up in The Soviet Republic of New Jersey, or New York, the law feels it's 10 feet out the back door, behind some bushes, or maybe under a pile of dead leaves and sticks. Really, you'd have to get some judge or Police Captain up there to explain it, because I don't understand it.:scrutiny:

Now in Florida, it's where you hang your hat, be it your car, camper, tent, house, trailer, or garage, for instance. You are allowed to defend yourself if you feel your life is threatened. People are not allowed to invade your home, whatever it may be at the time.
 
As everyone has said, it depends on your state. For grins, I thought I'd quote SC definition of a "vehicle" as it applies to the "Protection of Persons and Property Act" (16-11-430(4)) "Vehicle means a conveyance of any kind, whether or not motorized, which is designed to transport people or property."

Don't be trying to 'jack my Radio Flyer Wagon!
 
Missouri

Chapter definitions.

RsMO 563.011. As used in this chapter the following terms shall mean:

(2) "Dwelling", any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;

(4) "Premises", includes any building, inhabitable structure and any real property;

(6) "Private property", any real property in this state that is privately owned or leased;

(8) "Residence", a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest;

I think I would retreat from a tent instead of standing my ground.
 
It does depend on the state. In California, your camper (when parked at a campsite, not driving it) is the same as your home, as are hotel/motel rooms. I can't speak to Texas (or even my new home, for that matter:eek:), but I would guess they are similar.
 
This discussion perfectly illustrates how important it is to know the law where one happens to be at any one time.

The OP asked about what a camper is considered as it relates to personal defense laws in Texas.

The Texas "castle docrine" covers the actor's occupied habitation, vehicle, or place of business or employment.


Here's something on what constitutes a habitation in Texas. As I read it, a camper would be so defined. Do not take that as legal advice.

http://law.onecle.com/texas/penal/30.01.00.html
 
If you're involved in a defensive shooting in a state with a castle law like FL, then you're protected from civil suits as long as it's a clean shoot (basically. there's a little more to it than that, but I don't have the time to explain the entire statute in detail right now). This covers your home, your place of business AND your vehicle (when occupied), as well as any other place where you have a right to be. (ie anywhere not private property and freely accessible to the public). Private property is more complicated.
 
In New Mexico, your vehicle is an extension of your home. Whatever you can do or carry in your home, you can do so in your vehicle.
 
Rail Driver said:
This covers your home, your place of business AND your vehicle (when occupied), as well as any other place where you have a right to be.
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My interpretation of Michigan law is the same. As long as you're somewhere you have a right to be, castle law applies.
 
In Nevada, your car or truck, motor home, etc are an extension of your home. Nevada NRS is silent on loaded firearms in a vehicle concealed or otherwise as long as it is not concealed with your body, as in maybe sitting on it without a CCW permit.
 
OP's question would involve Texas law, and a link was posted for that so we'll call it answered but yes it very much will change from state to state.
 
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