Really good article...

[SavageEagle]

...and some really good questions to ask...

The Frederick News-Post Online - Frederick County Maryland Daily Newspaper

For starters, to what does "in the home" apply? It is clear that it applies to a person's residence, whether a single family house or apartment. Would it apply to a room rented by a boarder in a dwelling occupied by other boarders and/or an owner and family?
While "home" presumably, applies to a second residence such as a vacation house; would it apply to a hotel or motel room?

What about a cabin at a campsite; or a tent or sleeping bag at such site? Would it matter if the camp site were on federal, state, or private land?

What about a motor home or similar vehicle used as a temporary or permanent residence?

If an individual has a constitutional right to possess a handgun for self-defense, would any or all of these "residing places" qualify as the equivalent of a "home" under the Heller case?
Should an individual be able to transport a firearm from one "residing place" to another for self-defense? If so, would that ability clash with previously recognized limitations on concealed carry?

 

[Bigum1969]

This is an interesting question.

I have an RV. So, is that considered my home? When I take it over to Illinois and camp, I've always assumed I could protect myself as if it were my home.

 

[Ri22o]

This is an interesting question.

I have an RV. So, is that considered my home? When I take it over to Illinois and camp, I've always assumed I could protect myself as if it were my home.

According to Indiana Law, "home" is considered real property, and immobile. The same with your business.

However, I don't know how this works if you live in a trailer aka 'a mobile'.

 

[SavageEagle]

This is an interesting question.

I have an RV. So, is that considered my home? When I take it over to Illinois and camp, I've always assumed I could protect myself as if it were my home.

As the law sits now, anything can be your residence as long as it's a permenant structure. RV's would have to be stationary, I BELIEVE, for a certain number of days out of the year. The biggest question here is more about do we have to have a PERMIT to even carry in an RV if we use it as our home/"dwelling" or place of buisness. As the law sits, an RV is a big no no without a license. Even if you call it home/work. It shouldn't be because I know of people I grew up with having family who do nothing but travel in the RV all year and are literally never home. As stated in this article and elsewhere, much more caselaw is needed to shape our boundries under the Second Amendment just as was needed for the rest of the Bill of Rights.

BTW, trailers are considered real property. Depending on if you own the land it's on or not (I.E. Trailer Park lot rental or your personal land) dictates whether you can carry outside your dwelling without a license. Just as you can't carry without a license in your Apt. Commons, a trailer park lot's yard would be the same. Unless you paid for or are paying to own the land too.

 

[SavageEagle]

This is what I have taken from the IC and Bryan Cyiou's "Indiana Handgun Law"n Second and First Editions.

 

[Bigum1969]

I know I'm covered if I'm in Indiana because of my LTCH, but I wonder what the law is in Illinois? Or should I say Stallinois.

Unfortunately, we camp there a lot.

 

[SavageEagle]

hey bigum, State parks? They have some really nice ones. I'm more worried about Kentucky and Tennessee if anywhere. They got caves and I love spelunking! And Kentucky Lake/Land Between the Lakes is close to the Boy Scout Museum!

 

[Bill of Rights]

hey bigum, State parks? They have some really nice ones. I'm more worried about Kentucky and Tennessee if anywhere. They got caves and I love spelunking! And Kentucky Lake/Land Between the Lakes is close to the Boy Scout Museum!

KY and TN are both covered by your IN LTC, but I do not know if their state parks are similarly covered. IL would likely require if you were carrying in your "residence" that you have a FOID card, which you cannot get if you are not actually an IL resident. I do know that they do not permit carry in a vehicle without a FOID.

Blessings,
B

 

[Bigum1969]

KY and TN are both covered by your IN LTC, but I do not know if their state parks are similarly covered. IL would likely require if you were carrying in your "residence" that you have a FOID card, which you cannot get if you are not actually an IL resident. I do know that they do not permit carry in a vehicle without a FOID.

Blessings,
B

I think I may have to research this. I do not intentionally break laws, but I feel strongly about protecting my family -- even if I'm in Illinois.

 

[Bigum1969]

hey bigum, State parks? They have some really nice ones. I'm more worried about Kentucky and Tennessee if anywhere. They got caves and I love spelunking! And Kentucky Lake/Land Between the Lakes is close to the Boy Scout Museum!

We have camped at several state parks in Indiana (a special thanks to Mitch for making it a-ok for me to carry in state parks). They are usually very nice and well kept. The problem is that they don't have full hookups, which can be a pain in the a$$ if you camp for more than two nights. My wife doesn't like taking short showers and conserving water!

We've camped at Pennyrile, Diamond Lakes and Audobon in KY. Nice parks, but again no full hook ups. They do have water at each site, though. Diamond Lakes is private and pretty nice.

 

[Bill of Rights]

I think I may have to research this. I do not intentionally break laws, but I feel strongly about protecting my family -- even if I'm in Illinois.

Likewise here. I don't camp, but if I did, I think I would choose places in free America to spend my money.

Blessings,
B

 

[Bigum1969]

Likewise here. I don't camp, but if I did, I think I would choose places in free America to spend my money.

Blessings,
B

When we camp is when I am most concerned about my family's safety. There's not much (1/2" wall) between us and whatever is outside. Also, many times we camp in semi isolated places. This makes carrying a firearm an absolute necessity.

 

[Santee]

I posted this:

The question of what constitues a home is valid, but it is not the crux of any future ruling on the 2nd Amendment. What is at stake is whether a fundamental right, protected by the Constitution, against governmental infringement, can be ripped apart piecemeal.

The courts have time and time again ruled in favor of a right over the infringements of government. Only illegal use of a right, which infringes on the equal rights of another, can be disalowed in our courts. The illegal use of a firearm, murder, robbery, home invasion, and etc. are already covered in our nation's laws. No other laws on firearms are needed nor are they warranted by the clear language of the Constitution.

"No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him." — Thomas Jefferson

"The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The exercise of a right guaranteed by the Constitution cannot be made subject to the will of the sheriff." [People vs. Zerillo, 219 Mich. 635, 189 N.W. 927, at 928 (1922)]

"A state may not impose a charge for the enjoyment of a right granted by the federal constitution... The power to impose a license tax on the exercise of these freedoms is indeed as potent as the power of censorship which this Court has repeatedly struck down... a person cannot be compelled 'to purchase, through a license fee or a license tax, the privilege freely granted by the constitution.'" —MURDOCK V. PENNSYLVANIA 319 US 105 (1942)

"Our safety, our liberty depends on preserving the Constitution of the United States as our fathers made it inviolate. The people of the U.S. are the rightful masters of both Congress and the courts - Not to overthrow the Constitution, but to overthrow men who pervert the Constitution." — Abraham Lincoln

 

[Bill of Rights]

When we camp is when I am most concerned about my family's safety. There's not much (1/2" wall) between us and whatever is outside. Also, many times we camp in semi isolated places. This makes carrying a firearm an absolute necessity.

Understood and agreed. I was saying I'd more than likely choose to camp somewhere other than IL if I was camping at all. Sorry I wasn't more clear.

Blessings,
B

 

[SavageEagle]

Another interesting article...

District of Columbia residents could be filing applications for gun permits as early as this week, a process that would require a written examination, proof of residency, good vision and ballistic testing, the newspaper said. The applicants also would have to pay a fee and agree to fingerprinting and criminal background checks.

D.C. officials unveil gun permit process

:wtf:

Are you serious? I can already smell the caselaw follow up from the SCOTUS Ruling now.... They left it broad on purpose. Now we have to be the guinee pigs to prove the rest of the law. They couldn't even sit down and agree on something as simple as the second amendment. If you think about this, the BOR isn't limited to just Federal Government. It doesn't specify this in the second amendment. It may have been written under the premise of FG, but it is written to cover not just government.
Does it say "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed BY (insert your vivid imagination here) GOVERNMENT/PERSONS."?

 

[SavageEagle]

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