Camping is permitted at your temporary residence, which includes a campsite (not the campground). The campsite itself is the temporary residence and not the whole campground. Open carry in a campsite may be problematic with neighbors and park rangers who don't understand the legalities.
General consensus within the gun community seems to be that “campsite” is the designated or definable area where you are camping and not the areas of the campground beyond. The actual site where you are camping is your temporary residence and is under your control. Temporary residence is not clearly defined under statute. “Residence” is defined in context of safe storage laws.
17060. (a) As used in Section 25135, “residence” means any structure intended or used for human habitation, including, but not limited to, houses, condominiums, rooms, motels, hotels, time-shares, and recreational or other vehicles where human habitation occurs.
Home/campsite exemption (loaded open carry)
26055. Nothing in Section 25850 shall prevent any person from having a loaded weapon, if it is otherwise lawful, at the person’s place of residence, including any temporary residence or campsite.
Grants unloaded handgun exemptions to loaded long-guns
26405. (f) By a person to the extent that person may openly carry a loaded firearm that is not a handgun pursuant to Article 4 (commencing with Section 26000) of Chapter 3.
Loaded weapon, campsite exemption
26055. Nothing in Section 25850 shall prevent any person from having a loaded weapon, if it is otherwise lawful, at the person’s place of residence, including any temporary residence or campsite.
Concealed carry by permittees would also be legal within the campsite or the entire campground/park (absent some other restriction). However, unlicensed concealed carry is a different topic.
Concealed carry, going camping exemption
Concealed carry, going camping exemption
25550. (a) Section 25400 does not apply to, or affect, the transportation of a firearm by a person when going directly to, or coming directly from, a lawful camping activity for the purpose of having that firearm available for lawful personal protection while at the lawful campsite.
Section 25550(a) excuses concealed carry while transporting a firearm to or from a “camping activity.” The statute comments that the purpose must be for having the firearm for person protection at the campsite.
The second clause of that section implies that it is lawful to have a gun for self-defense while at a campsite. First, note the statutes specifically says “while at the lawful campsite.” Camping at that place must be legal. “Campsite” refers to a specific place, which is not the whole campground; the statutes does not say “while at a lawful camping activity.” The distinction is important.
Second, the exemption from the concealed carry prohibition applies only while “transporting” a firearm to/from the camping activity. The statue does not specifically excuse concealed carry at a campsite, only implying possession of a firearm for self-defense is legal at a campsite.
As concealed carry is illegal universally without a license, it must be assumed based on the statue that unlicensed concealed carry is illegal at a campsite. However, gun community opinion seems to be rather uniform in that concealed carry within a campsite is legal. The DOJ has this to say on the topic:
The second clause of that section implies that it is lawful to have a gun for self-defense while at a campsite. First, note the statutes specifically says “while at the lawful campsite.” Camping at that place must be legal. “Campsite” refers to a specific place, which is not the whole campground; the statutes does not say “while at a lawful camping activity.” The distinction is important.
Second, the exemption from the concealed carry prohibition applies only while “transporting” a firearm to/from the camping activity. The statue does not specifically excuse concealed carry at a campsite, only implying possession of a firearm for self-defense is legal at a campsite.
As concealed carry is illegal universally without a license, it must be assumed based on the statue that unlicensed concealed carry is illegal at a campsite. However, gun community opinion seems to be rather uniform in that concealed carry within a campsite is legal. The DOJ has this to say on the topic:
Firearms in the Home, Business or at the Campsite
Unless otherwise unlawful, any person over the age of 18 who is not prohibited from possessing firearms may have a loaded or unloaded firearm at his or her place of residence, temporary residence, campsite or on private property owned or lawfully possessed by the person . Any person engaged in lawful business (including nonprofit organizations) or any officer, employee or agent authorized for lawful purposes connected with the business may have a loaded firearm
within the place of business if that person is over 18 years of age and not otherwise prohibited from possessing firearms . (Pen . Code, §§ 25605, 26035 .)
NOTE: If a person’s place of business, residence, temporary residence, campsite or private property is located within an area where possession of a firearm is prohibited by local or federal laws, such laws would prevail. (2016 California Firearms Law Summary, p. 7)
If you are going to carry a firearm in a campsite within a campground, open carry would be unambiguously legal under state law. Concealed meaning “concealed,” if no one sees the gun there would be no reason to worry about an unlicensed CCW violation.
Warning: a firearm in a campsite may result in contact by law enforcement who may not understand the law or may have a different working interpretation.
Warning: a firearm in a campsite may result in contact by law enforcement who may not understand the law or may have a different working interpretation.
Federal Public Land Campgrounds
Section 512, Credit CARD Act of 2009 (codified as 54 USC § 104906) changed federal law to make park firearm regulations reflect state law. Typically, the only restrictions on firearm carry are state and local laws. If it is legal elsewhere in the state, it is legal in the park and sections that conflict with state law regarding carrying and possessing firearms (excluding “no shooting” bans) do not apply.
54 U.S. Code § 104906. (b)Protection of Right of Individuals To Bear Arms in System Units.—The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if--
(1)the individual is not otherwise prohibited by law from possessing the firearm; and
(2)the possession of the firearm is in compliance with the law of the State in which the System unit is located.
A federal court defined “campsite” as “any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure.” Anderson v. City of Portland, Civ. No. 08-1447-AA (D. Or. Jul. 30, 2009). This definition seems to imply that the defining qualities of a campsite are provisions for cooking or sleeping.
At National Parks, if California allows it, you are legally allowed to carry at your campsite (or elsewhere in the park). (b)(2)(iii) from the CFR does not define a campsite as a “residential dwelling.” It does define “camping” as:
At National Parks, if California allows it, you are legally allowed to carry at your campsite (or elsewhere in the park). (b)(2)(iii) from the CFR does not define a campsite as a “residential dwelling.” It does define “camping” as:
Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy. 36 CFR §1.4
Carrying in an USFS campground
The Forest Service does not have specific restrictions on possessing firearms, but as discharge of firearms is still prohibited in the campground, open carry would be restricted beyond the campsite itself. You cannot shoot a firearm in or near a campground, so it is a “prohibited area” for open carry (loaded, unloaded; handgun or long-gun). Inside the campsite itself, there is no Forest Service restriction on possessing a firearm, so state law and the exemptions would be the only law on the topic of carrying in the campsite.
Can I carry in my campsite on BLM land?
See the USFS section for details, which is substantially similar. Open carry (loaded or unloaded) would be unambiguously legal in a campsite. In the campground, open carry would be prohibited. Unlicensed concealed carry in a campsite may be legal.
The Forest Service does not have specific restrictions on possessing firearms, but as discharge of firearms is still prohibited in the campground, open carry would be restricted beyond the campsite itself. You cannot shoot a firearm in or near a campground, so it is a “prohibited area” for open carry (loaded, unloaded; handgun or long-gun). Inside the campsite itself, there is no Forest Service restriction on possessing a firearm, so state law and the exemptions would be the only law on the topic of carrying in the campsite.
Can I carry in my campsite on BLM land?
See the USFS section for details, which is substantially similar. Open carry (loaded or unloaded) would be unambiguously legal in a campsite. In the campground, open carry would be prohibited. Unlicensed concealed carry in a campsite may be legal.