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Posted: 5/25/2016 5:46:52 AM EDT
Folks,

Looking for some thoughts on being assigned/stationed at a base/post near a state border and how you handled residency for buying firearms...

Here's the situation:  I'm a resident of state A.  I'm assigned to state B.  I choose to live in state C because the laws in state B are bad.  Typically, being a resident of state A and having orders to state B mean I'm a resident of state B for residency requirements such as hunting licenses, buying guns, getting a CHL/CCW.  Now that I live in state C I really have nothing saying I'm stationed there so therefore I'm not really a resident and all of a sudden I can't get a resident hunting license, purchase firearms or get a CHL/CCW.  

Anyone experience this before?  How do I get residency in state C?

TIA,
Spooky

Post 4000!  Only took 15 years...
Link Posted: 5/25/2016 8:53:05 AM EDT
[#1]
There's always the normal way, take a couple bills, your id, and birth certificate then head on down to the DMV for some fun.

Remember you'll be paying taxes in your new home state though.  
Which could be a good thing if it's one of the seven with no state income tax.
Link Posted: 5/25/2016 9:11:39 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
There's always the normal way, take a couple bills, your id, and birth certificate then head on down to the DMV for some fun.

Remember you'll be paying taxes in your new home state though.  
Which could be a good thing if it's one of the seven with no state income tax.
View Quote


Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.

I'd be going from no state tax to state tax...  Not the direction I want to go...
Link Posted: 5/25/2016 5:47:56 PM EDT
[#3]
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Quoted:


Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.

I'd be going from no state tax to state tax...  Not the direction I want to go...
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Quoted:
Quoted:
There's always the normal way, take a couple bills, your id, and birth certificate then head on down to the DMV for some fun.

Remember you'll be paying taxes in your new home state though.  
Which could be a good thing if it's one of the seven with no state income tax.


Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.

I'd be going from no state tax to state tax...  Not the direction I want to go...

That would suck. But it's still better than Maryland.
Link Posted: 5/25/2016 5:51:43 PM EDT
[#4]
ATF Faq
If you have a legal residence in a state neighboring the state to which you have PCS orders you can legally purchase in both states
If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.
View Quote

From your example legal residency in state C would likely be established based on that state's laws.
Link Posted: 5/25/2016 5:53:28 PM EDT
[#5]
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Quoted:


Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.

I'd be going from no state tax to state tax...  Not the direction I want to go...
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There's always the normal way, take a couple bills, your id, and birth certificate then head on down to the DMV for some fun.

Remember you'll be paying taxes in your new home state though.  
Which could be a good thing if it's one of the seven with no state income tax.


Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.

I'd be going from no state tax to state tax...  Not the direction I want to go...

That's pretty much standard for any state.  


Plus, didn't VA recently stop allowing out of state CCW?
Link Posted: 5/26/2016 2:41:06 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
ATF Faq
If you have a legal residence in a state neighboring the state to which you have PCS orders you can legally purchase in both states

From your example legal residency in state C would likely be established based on that state's laws.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
ATF Faq
If you have a legal residence in a state neighboring the state to which you have PCS orders you can legally purchase in both states
If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.

From your example legal residency in state C would likely be established based on that state's laws.


Boom...

I knew someone here would have the one piece of info to make this work!
Link Posted: 5/27/2016 6:01:36 AM EDT
[#7]
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Quoted:


Boom...

I knew someone here would have the one piece of info to make this work!
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
ATF Faq
If you have a legal residence in a state neighboring the state to which you have PCS orders you can legally purchase in both states
If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.

From your example legal residency in state C would likely be established based on that state's laws.


Boom...

I knew someone here would have the one piece of info to make this work!


Upon further investigation this is good for the federal form but no good for the state background check...  VA requires their Driver's License or a Mil ID with orders for an assignment in the state of VA.  Back to square one...

Looks like becoming a VA resident would cost me north of $4,000/year in state taxes...
Link Posted: 5/27/2016 11:29:57 AM EDT
[#8]
I think that each state differs on residency laws but they are all still pretty similar. you must live in state C for xx amount of days I believe my state is 30 days (unless it has changed recently)  the bitchy dvm wokies should be able to explain all of the requirements you need to establish residency in your new state some states require a longer time of residency for ccw and what not. also call the state patrol guys and talk to a Sgt. not a secretary (she probably wont know shit other than how to file speeding tickets but will act like she know every thing) good luck, hope this helps
Link Posted: 5/27/2016 11:31:47 AM EDT
[#9]
Link Posted: 5/27/2016 2:18:02 PM EDT
[#10]
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Quoted:
As much as it would be a PITA, maybe opting for a transfer through the state where your orders are?
View Quote

Some things he might want could be a problem in Maryland.

I'm assuming he's stationed in Maryland. I could be wrong.
Link Posted: 5/27/2016 8:14:10 PM EDT
[#11]
You can be a resident of one state, and have a domicile in another.  There is a difference between the two when it comes to taxes.  An individual may have many residences, or physical dwellings in which he resides, but can have only one domicile, or that permanent residence to which he intends to return. You normally pay taxes in the sate of your domicile.  Don't know if this is your case, but getting a DL in a state of residence does not automatically make it your domicile, especially if you are military. I recently had the same issue,  likely with the same states you are dealing with.
Link Posted: 5/28/2016 12:52:03 PM EDT
[#12]
You guys got it...

Orders to Maryland, living in Virginia.  Don't want to deal with the laws in Maryland.

The ATF allows this scenario for purposes of residency.  Virginia does not - you essentially have to have a VA driver's license to go through their background checks.  Since I won't physically live in MD I probably can't buy anything there either - or maybe I can just not standard cap mags.  

Wife was super excited when I told her I can't buy any guns for the next while.  Little does she know how much optics and training classes cost...  

Link Posted: 6/18/2016 4:29:10 PM EDT
[#13]
No reason you can't buy long guns, and since the AFT recognizes you as a resident, no legal reason you can't buy a handgun in a private sale.

http://www.vsp.state.va.us/Firearms_VFTP.shtm

The primary form of ID for a non-Virginia resident, for the purchase of a rifle or shotgun, must consist of a valid photo-ID issued by a governmental agency of the prospective purchaser’s home state that denote the purchaser’s name, race, sex, date of birth and address. Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased.
Link Posted: 6/20/2016 11:10:03 PM EDT
[#14]
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Quoted:
No reason you can't buy long guns, and since the AFT recognizes you as a resident, no legal reason you can't buy a handgun in a private sale.

http://www.vsp.state.va.us/Firearms_VFTP.shtm

The primary form of ID for a non-Virginia resident, for the purchase of a rifle or shotgun, must consist of a valid photo-ID issued by a governmental agency of the prospective purchaser’s home state that denote the purchaser’s name, race, sex, date of birth and address. Federal law prohibits the sale or transfer of a handgun to a nonresident of the state in which the handgun is being purchased.
View Quote


I thought these two pieces of info would be the ticket plus there is a new rule in VA starting 1 July about using military ID and an LES for purchase.  Since there is no longer an address on an LES the only thing stating where you are a resident is in the State Tax section - which is what I want to avoid.  If I end up paying a bunch of state taxes it washes out the gun/ammo/training budgets...

Spooky
Link Posted: 8/14/2016 3:35:05 PM EDT
[#15]

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Quoted:





That's pretty much standard for any state.  





Plus, didn't VA recently stop allowing out of state CCW?
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:

There's always the normal way, take a couple bills, your id, and birth certificate then head on down to the DMV for some fun.



Remember you'll be paying taxes in your new home state though.  

Which could be a good thing if it's one of the seven with no state income tax.




Specifically looking at Virginia.  Looks like you can't get a state ID without surrendering the other state license but if that's the route I go it is pretty standard: 2 forms of ID, prove citizenship, take a picture, get a new ID.  VA seemed pretty good to military but this might end up being an issue.



I'd be going from no state tax to state tax...  Not the direction I want to go...



That's pretty much standard for any state.  





Plus, didn't VA recently stop allowing out of state CCW?
Idle threat, AG backed down when State Chief of police asked just how in hell they were supposed to enforce it and the other affected states said FU. In other words it was a political turd.



 
Link Posted: 8/16/2016 7:52:39 PM EDT
[#16]
I'm sure it will be really sporty when I try to get my CCW as a non-resident with a VA address...

Spooky
Link Posted: 8/19/2016 6:14:30 PM EDT
[#17]
Its not hard. I was assigned to Fort Leavenworth KS and actually lived across the border in Weston, MO while I was awaiting post housing. I changed my residence to Missouri and maintained that when we got post housing in KS. Now I was technically a resident of both states.  I had driving licences from both states and could purchase in either one.
Link Posted: 8/21/2016 12:00:13 PM EDT
[#18]
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Quoted:
Its not hard. I was assigned to Fort Leavenworth KS and actually lived across the border in Weston, MO while I was awaiting post housing. I changed my residence to Missouri and maintained that when we got post housing in KS. Now I was technically a resident of both states.  I had driving licences from both states and could purchase in either one.
View Quote


Unfortunately I think it really comes down to state laws - the ATF section mentioned above allows for this situation.  I probably can't buy here unless I have either a VA driver's license or have orders assigning me to a base in Virginia.

Link Posted: 8/21/2016 12:11:45 PM EDT
[#19]
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Quoted:


Unfortunately I think it really comes down to state laws - the ATF section mentioned above allows for this situation.  I probably can't buy here unless I have either a VA driver's license or have orders assigning me to a base in Virginia.

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Quoted:
Quoted:
Its not hard. I was assigned to Fort Leavenworth KS and actually lived across the border in Weston, MO while I was awaiting post housing. I changed my residence to Missouri and maintained that when we got post housing in KS. Now I was technically a resident of both states.  I had driving licences from both states and could purchase in either one.


Unfortunately I think it really comes down to state laws - the ATF section mentioned above allows for this situation.  I probably can't buy here unless I have either a VA driver's license or have orders assigning me to a base in Virginia.


Isn't having two licenses illegal?  I know it is if you have a CDL, I just assumed it was for regular lic also. If it is you might not want to put it on a open post.
I'll edit if necessary.
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