Here’s a random one for the collective: tents as legal domicile?

[Totem Polar]

As briefly as possible: my understanding is that hotel rooms are legally your temporary domicile, for the purposes of unlimbering your 870 or state-legal handgun for nightstand duty. So is a parked motorhome.

Anyone here have any idea what the situation is for tents? In particular, tents in state park campgrounds, or KOAs and the like.

Thanks in advance for any input.

[RJ]

That is a pretty interesting question.

In general, after three years of RV travel, my abiding sense of "most" state laws is that your RV is a vehicle when rolling, however when "encamped" or at least stopped for the night (certainly if detached from my truck) it became my domicile for legal purposes.

A tent, though, I am not quite sure.

[41magfan]

I would think the legal presumptions afforded by Castle Doctrine type statues would still apply in most states that have those laws on the books, but you'd need to check. In my state, a temporary shelter like a tent is covered under our CD statue.

ETA: I would think it goes without saying that you can defend yourself anywhere. But, the devil is in the details and CD laws attach legal presumptions that may or may not be relevant in all acts of self-defense.

[JohnO]

I have often heard that you can have multiple residences but only one domicile.


Blacks Law Dictionary

DOMICILE. That place where a man has his
true, fixed, and permanent home and principal
establishment, and to which whenever he is absent
he has the intention of returning. Kurilla v. Roth,
132 N.J.L. 213, 38 A.2d 862, 864; In re Stabile, 348
Pa. 587, 36 A.2d 451, 458; Shreveport Long Leaf
Lumber Co. v. Wilson, D.C.La., 38 F.Supp. 629, 631,
632. Not for a mere special or temporary purse,
but with the present intention of making a
permanent home, for an unlimited or indefinite
period. In re Garneau, 127 F. 677, 62 C.C.A. 403;
In re Gilbert's Estate, 15 A.2d 111, 117, 118, 18 N.J.
Misc. 540; In re Schultz' Estate, 316 Ill.App. 540,
45 N.E.2d 577, 582. Davis v. Davis, Ohio App., 57
N.E.2d 703, 704.
In international law, a residence at a particular
place, accompanied with positive or presumptive
proof of an intention to continue there for
an unlimited time. State v. Collector of Bordentown,
32 N.J.Law, 192; Graham v. Graham, 81 N.
W. 44, 9 N.D. 88; Phillimore, Int. Law 49.
The word "domicile" is derived from latin "domus",
meaning home or dwelling house, and domicile is legal
conception of "home". In re Schultz' Estate, 316 Ill.App.
45 N.E.2d 577, 582, 316 Ill.App. 540.
The established, fixed, permanent, or ordinary dwellingplace
or place of residence of a person, as distinguished
from his temporary and transient, though actual, place of
residence. It is his legal residence, as distinguished from
his temporary place of abode; or his home, as distinguished
from a place to which business or pleasure may
temporarily call him. Towson v. Towson, 126 Va. 640, 102
S.E. 48, 52.
"Citizenship," "habitancy," and "residence" are severally
words which in the particular case may mean precisely
the same as domicile. Baker v. Keck, D.C.Ill., 13 F.Supp.
487. Earley v. Hershey Transit Co., D.C.Pa., 55 F.Supp.
981, 982; Dodd v. Lorenz, 210 Iowa 513, 231 N.W. 422,
424; Commonwealth ex rel. Fortney v. Bobrofskie, 329
Pa. 44, 196 A. 489, 490; Perkins v. Guaranty Trust Co.,
of New York, 274 N.Y. 250, 8 N.E.2d 849, 852.
"Domicile" and "residence," however, are frequently
distinguished, in that domicile is the home, the fixed place
of habitation; while residence is a transient place of dwelling.
Fisher v. Jordan, C.C.A.Tex., 116 F.2d 183, 186;
Minick v. Minick, 111 Fla. 469, 149 So. 483, 488; Hartzler
v. Radeka, 265 Mich. 451, 251 N.W. 554.
Domicile may be deemed to be of three sorts,—domicile
by birth, domicile by choice, and domicile by operation of
law. The first is the common case of the place of birth,
domicilium originis; the second is that which is voluntarily
acquired by a party, proprio motu; the last is consequential,
as that of the wife arising from marriage. Story,
Confl. Laws, § 46. And see Railroad Co. v. Kirnbrough, 115
Ky. 512, 74 S.W.

[OlongJohnson]

Some states specifically provide for protection of camp sites with firearms.

[RJ]

This is for the State of Florida; I am not a lawyer (not even close), and YMMV, but: Our statutes are outlined here:

http://www.leg.state.fl.us/statutes/...0790/0790.html

The Open Carry section is 790.053, which generally bans open carry. However, later on, in 790.25, they go on to say:

"The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes:"

and then describe Lawful Use to include:

"(h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition;"

To which I would expect allows me to open carry while camping in a tent?

I'd be very interested if there are any actual legal opinions on this subject here on p-f.

[Cookie Monster]

Reminds me back in the day when I thru-hiked the Pacific Crest Trail, my father had to give a deposition on some lawsuit/lawyer think. They asked about his sons and where they lived. His reply, “somewhere in the desert in Southern California.” Which confused the guy asking the questions and it took about 10 minutes for my father to explain that it is possible to be homeless.

[Totem Polar]

I'd be very interested if there are any actual legal opinions on this subject here on p-f.

Me too. For a large part, the question is academic for me, given that I can move permitted through most close by states; WA, ID, MT...

On occasion, I've found travel that takes me through this or that corner of OR of late, and I just haven't jumped through the permitting hoops there yet. Question comes up because Mrs SS and I have this convenient and very comfy rooftop adventure tent, so it's always tempting to pull over somewhere attractive and enjoy the great outdoors, rather than do a no-tell motel in town, or just burn the miles to the border. Suffice to say, there is no way she and I are going to hop up there and grab some Zs in the middle of the sticks without, at the very least, the old smoke wagon or better.

At any rate, sort of a first world problem. It's tough having cool gear like the rooftop pop tent--but the academic question remains.

[JodyH]

My understanding is a legally erected tent is treated the same as any other temporary domicile when it comes to the law.

[Malamute]

I believe the same as most that have commented, but wanted to add that a friend used his tent and location in a field as his physical address (first wall tent on the left past the observatory on the Hipas Observatory Road) for his post office box when he first moved to Fairbanks.