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Thread: Question about va residency

  1. #1
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    Question about va residency

    OK.... i think this is ok to post here? If not, im sorry!

    My Fiancee is from a military family. She was going to college in Ohio, but her family was here in VA for quite some time (8 years or so?). She then went to Farrier school out in Ga and is now living in Va (and has been since dec '10)

    I want to get her a CC permit so she can carry while working to not upset her more sensitive clientele as she has her own business and is just getting started....clients are a little hard to get currently.

    ANYWAYS, is there certain paperwork that she would have to do to become an official Va resident or is it just implied through bills and such?

  2. #2
    Regular Member riverrat10k's Avatar
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    This from tax.va.gov

    RESIDENT-A person who lives in Virginia, or maintains a place of abode here, for more than 183 days during the year, or who is a legal (domiciliary) resident of the Commonwealth is considered a Virginia resident for income tax purposes. Residents file Form 760
    Last edited by riverrat10k; 02-19-2012 at 08:36 PM.

  3. #3
    Regular Member riverrat10k's Avatar
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    From DMV to get a license.

    Each time you apply for a driver's license, learner's permit, CDL, or CDL instruction permit (or on each return visit until your license is issued), you must show two proofs of identity, one proof of legal presence and one proof of Virginia residency. Proof of your social security number (if you have been issued one) is also required; however, proof of your social security number is always required for a CDL. Use the interactive Document Guide to determine which documents you will need to bring to DMV when you apply


    Virginia's Legal Presence Law
    Introduction
    Legal presence means that a person is either a U.S. citizen or is legally authorized to be in the United States.

    Virginia law requires anyone applying for an original Virginia driver's license or for a DMV-issued identification card to show proof of their legal presence.

    Persons who are authorized by the federal government to be present in the U.S. temporarily are issued limited duration driver's licenses or identification cards.

    Customers can make their driver's license or ID card transactions a success if they plan ahead and know what to bring to DMV. Come prepared!

  4. #4
    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by DJEEPER View Post
    OK.... i think this is ok to post here? If not, im sorry!

    My Fiancee is from a military family. She was going to college in Ohio, but her family was here in VA for quite some time (8 years or so?). She then went to Farrier school out in Ga and is now living in Va (and has been since dec '10)

    I want to get her a CC permit so she can carry while working to not upset her more sensitive clientele as she has her own business and is just getting started....clients are a little hard to get currently.

    ANYWAYS, is there certain paperwork that she would have to do to become an official Va resident or is it just implied through bills and such?
    IANAL but if she is living in VA and is no longer a military dependant, she should have a VA drivers License. That along with a bill showing a VA address and safety class should be all the documentation shee needs.

  5. #5
    Regular Member riverrat10k's Avatar
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    https://www.dmv.virginia.gov/apps/do...der/intro.aspx

    Document Guide for
    Driver's Licenses and ID CardsUse this guide to determine which documents you will need to bring with you to DMV when you apply for a Virginia driver's license, learner's permit, commercial driver's license (CDL) or ID card. Please make sure to enter correct information in order to obtain an accurate list.

    You will need original documents that prove the following:

    •Identity
    •Legal presence in the United States
    •Social security number, if you have been issued one
    •Virginia residency
    All documents are subject to verification.
    Carefully read each screen, follow the instructions and enter correct information for best results. Select continue to begin.
    Last edited by riverrat10k; 02-19-2012 at 08:39 PM.

  6. #6
    Regular Member riverrat10k's Avatar
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    Ahh here, you go...

    ...what you needed.

    http://www.vsp.state.va.us/Firearms_...dHandgunPermit

    Any person 21 years of age or older may apply in writing to the clerk of the circuit court of the county or city in which he or she resides, or if he is a member of the United States armed forces, the county or city in which he is domiciled, for a five-year permit to carry a concealed handgun. There is no requirement as to the length of time an applicant for a Concealed Handgun Permit must have been a resident or domiciliary of the county or city where he or she resides.

  7. #7
    Activist Member nuc65's Avatar
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    From my experience the DMV will take a piece of non-junk mail with your name on it and your VA address as proof of residency.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  8. #8
    Accomplished Advocate peter nap's Avatar
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    Anyone get their CHP recently?

    Did they require ID?

    That should tell you what they ask for DJeeper.

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    If you are from out-of-state, DMV may exchange your out-of-state driver's license for a Virginia driver's license if you meet the identity, legal presence, residency, and social security requirements and Virginia's driver education requirements, if applicable.
    from here http://www.dmv.state.va.us/webdoc/ci...s/applying.asp



    Requierd to register vehicle within 30 days

    From here http://www.dmv.state.va.us/webdoc/pdf/dmv140.pdf



    There is also a requirement to obtain a Va DL within 30 days of moving to Va. Haven't found the link yet.

    Also a voter registration card sould be acceptable as a second form of ID and additoinal proof of address in lieu of a utility bill. That is what I used when I got my carry permit. A vehicle registration in her name should also work as proof of address.

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    If she's been living in VA and gainfully employed since Dec 10 then she should already be a VA resident, have a VA driver's license and be paying Commonwealth taxes.

    Nothing required to prove residency beyond filling out the CHP application with the same address as what's on her VA driver's license. That's one of the first things to be verified...in fact, the CHP application doesn't even require the VA driver's license number (nor a copy of it). It's easily looked up and the CHP will be linked to the license...for "officer safety" I suppose.

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    excellent! I thank you guys very much!

    She is paying Va taxes this year for her business... so i suppose she just needs to do the dirty dmv work and such.

  12. #12
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    Quote Originally Posted by DJEEPER View Post
    OK.... i think this is ok to post here? If not, im sorry!

    My Fiancee is from a military family. She was going to college in Ohio, but her family was here in VA for quite some time (8 years or so?). She then went to Farrier school out in Ga and is now living in Va (and has been since dec '10)

    I want to get her a CC permit so she can carry while working to not upset her more sensitive clientele as she has her own business and is just getting started....clients are a little hard to get currently.

    ANYWAYS, is there certain paperwork that she would have to do to become an official Va resident or is it just implied through bills and such?
    Um, it's really not a big deal - and has nothing at all to do with Virginia taxation or driver licenses.

    If she is an "actual resident", regardless of her domicile, she may apply for a CHP with the circuit court covering her locality. No paperwork needed re residency other than the application, unless you live in one of several circuit court areas where the clerk wants somthing - like a utility bill or lease, deed etc.

    Am pretty sure a bill is set to pass to quash these circuit court procedures to require proof of residence effective 1 July 2011.

  13. #13
    Accomplished Advocate user's Avatar
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    The standard definition is that a person who is actually domiciled in Virginia (i.e., lives in Virginia having a regular place of residence), and who has the unqualified intention to remain in Virginia permanently (present intention is all that counts, so it really means, "unless things change"), is a Virginia resident. Under Virginia law it is possible to be a resident of more than one state; if you live in Virginia part of the year and live in Florida part of the year, then as far as Virginia is concerned, you're a resident of Virginia while you actually live here. There are special rules for special functions, e.g., qualification for reduced "in-state" tuition at Va. colleges, eligibility for food stamps, etc.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  14. #14
    Regular Member Jay's Avatar
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    Quote Originally Posted by peter nap View Post
    Anyone get their CHP recently?
    Yes about three weeks ago


    Quote Originally Posted by peter nap View Post
    Did they require ID?
    No not when I dropped it off they just took my application and $50.00. I have not picked it up yet so I do not know if they will ask then
    "Experience is a wonderful thing. It enables you to recognize a mistake when you make it again"

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    Quote Originally Posted by Mike View Post
    Um, it's really not a big deal - and has nothing at all to do with Virginia taxation or driver licenses.
    Not true Mike, at least in my county.

    When we first moved to VA, we were living in a rental property while our house was being built. My VA driver's license reflected the rental property address but we had moved into the house by the time I applied for my concealed permit. The CHP application had the new house's address.

    I got a call from someone in the clerk's office questioning the discrepancy. Bottom line, the CHP processing was delayed until I updated my address on file with the DMV. Now the two properties were in different, albeit adjacent, counties so I suppose that could have been the trigger although the lady who called said the address on the CHP and driver's license had to match. And that makes sense considering the documentation you have to show to get a VA driver's license establishes your residency and the address. I have no idea what the court would do if someone didn't have a driver's license at all but I can't imagine they'd just mail off a resident CHP to an address without having some proof that's where the applicant was actually living.

    But you are correct that taxation has nothing to do with the permit application. I was merely making the point that the time had long since past when she was legally required to establish VA residency, get a VA driver's license, VA license plates, start paying Commonwealth taxes, etc. All the things we do as residents.

  16. #16
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    Quote Originally Posted by Bob1 View Post
    Not true Mike, at least in my county.

    When we first moved to VA, we were living in a rental property while our house was being built. My VA driver's license reflected the rental property address but we had moved into the house by the time I applied for my concealed permit. The CHP application had the new house's address.

    I got a call from someone in the clerk's office questioning the discrepancy. Bottom line, the CHP processing was delayed until I updated my address on file with the DMV. Now the two properties were in different, albeit adjacent, counties so I suppose that could have been the trigger although the lady who called said the address on the CHP and driver's license had to match. And that makes sense considering the documentation you have to show to get a VA driver's license establishes your residency and the address. I have no idea what the court would do if someone didn't have a driver's license at all but I can't imagine they'd just mail off a resident CHP to an address without having some proof that's where the applicant was actually living.
    I love when such things happen to me - I would have ignored the clerk's empoyee and filed a mandamus action to compel the Clerk to issue a de facto permit at day 45.

    There is no reason at all that a person must have a Virginia DL to apply for a CHP. I received my first CHP from Fairfax County before I had a Virginia DL - in fact, I never had a Virginia DL during the time on that first CHP. And even if the addresses on the VA DL and CHP do not match, that has nothing to do with applying for, or using a CHP - the address on your photo ID need not match the address on the CHP - in fact, you can use a US Passport or DOD ID without any address! And there is no requirement to update your CHP address shold you move.

    Thankfully, SB 563 appears ready to pass and will preclude Clerks from asking for more documentation that allowed: "No information or documentation other
    than that which is allowed on the application in accordance with this subsection may be requested or required by the clerk or the court."

  17. #17
    Regular Member Steeler-gal's Avatar
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    I can't help but wonder if this requirement is county-specfic rather than state-specific. On the instructions sheets (CCR-CHP-10) for the CHP application in FFX County , it states the following:

    As part of the Concealed Handgun Application investigation process the Fairfax County Police Department must verify you reside in the Fairfax Circuit Court jurisdiction. By attaching one of the appropriate documents listed below to your completed application, this will expedite the investigation process.
    If the address cannot be verified and you fail to submit one of the stated documents, this may significantly delay the processing of your application or result in its denial.
    ALL APPLICANTS MUST ATTACH ONE OF THE FOLLOWING DOCUMENTS TO YOUR COMPLETED APPLICATION:
     A copy of a current utility bill, cable or telephone bill in the applicant’s name.
     A copy of a current personal property tax receipt. (Note: County sticker receipt
    is not acceptable.)
     A copy of a voter registration card.
     A copy of a current lease agreement.
     For applicants who are renting or leasing: A notarized statement from the owner of the residence where the applicant lives stating that the applicant lives at the address that is stated on the application and how long the applicant has lived at said address.
    I don't know if these instruction sheets differ in each county.
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  18. #18
    Regular Member 2a4all's Avatar
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    Quote Originally Posted by Steeler-gal View Post
    I can't help but wonder if this requirement is county-specfic rather than state-specific. On the instructions sheets (CCR-CHP-10) for the CHP application in FFX County , it states the following:



    I don't know if these instruction sheets differ in each county.
    I wonder if the information requested on these instruction sheets are just there as recommendations or examples of documents that would satisfy the requirement, or if the judge who will approve the permit helped create (urged that they be put on) the list.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  19. #19
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    Quote Originally Posted by Steeler-gal View Post
    I can't help but wonder if this requirement is county-specfic rather than state-specific. On the instructions sheets (CCR-CHP-10) for the CHP application in FFX County , it states the following:

    I don't know if these instruction sheets differ in each county.
    Yes, some counties have some extra-legal proof requirements re residency, but, strangely, the circuit court serving Fairfax County REFUSES to accept your DL as proof of residency - I have always refused to provide any proof of residency to Fairfax county - 2 applications, 2 permits.

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