NC CHP Address Change?

OK, I've officially changed my residency over to the People's Republic of MD. (yeah, yeah, I know--I don't want to hear about it...)

I know that NC does not issue "non-resident" permits, and although there is no STATUTORY requirement for NC residency, the official forms published by the NC DOJ has a residency requirement on them (I'm not trying to argue the legality of that requirement in this discussion--that is for another thread...)

And I know that if I change addresses, under NC law, I am required to notify the Sheriff who issued my CHP, so they can issue me an updated card with my new address info...

However, I can find NO requirement in NC law that says if I move out of state, I can't change my address to out-of-state, and there is NO statutory requirement to relinquish a permit that is valid, as long as it has not expired or been revoked for other reasons.

So, before I call my issuing Sheriff and ask him to change the address on my CHP to my MD address, does anyone have any experience with this? I mean, having a valid NC CHP, and then moving out of state when you still have a substantial amount of time left on the permit (mine is good until July 2014).

If they refuse to update it for me, and insist I turn it in, should I push the issue, and ask for the statute that requires me to do so? (they can't provide such a statute--such a request should prove for some interesting quick-stepping on their part) Or should I call the NC AG for an "interpretation" of this issue before I call the Sheriff?

Please, anyone with any experience with this, your input would be appreciated...

I called the Sheriff that issued my CHP today (Beaufort Co.) and asked if they could change my address on my CHP to my new MD address, so it would match my new MD DL. Per NC Statute, if you move, you are required to notify the Sheriff within 30 days of your address change. (I am well within that timeframe, having changed my DL over on 16 May)

They told me that since I had moved out of the state my NC CHP was no longer valid, effective the moment I changed residency.

I asked them if they could point me to the statute that said this, and they said that you had to be a resident to have a NC permit. I countered by quoting the Statute, and the CHP Application form, which only stipulates that you must be a resident to APPLY for a permit. I told them that nowhere in the NC Statute does it say that if I already HAVE a permit, and move out of state, does it become invalid, but she insisted that it was no longer valid.

She did tell me that I did not have to return the physical card though, but that I just shouldn't use it anymore because it wasn't valid.

So I called the AG and asked them the same question. After several hours they got back to me, and confirmed my interpretation--that there is NOTHING in NC Statute that says your permit becomes invalid if you move out of state, and technically, it should remain valid as long as it hasn't expired. The only difficulty is that the adress on your card won't match your new DL, because most sheriffs would probably not issue a replacement card with an out-of-state address. But she said that there was nothing in the law that prohibited them from doing it, and such a CHP would be perfectly legal, if I already had a valid NC CHP before I moved.

I've still got 2 years left on my NC CHP, and it just irks me that I have to throw it away because I moved. I don't "need" it--I have several other non-resident permits, so I'm still good to go most everywhere I travel (except of course, in MD and DC, where there is NO WAY I could get a permit because I'm not well-connected or rich enough...)

She then told me to call the Sheriff back tomorrow and tell them what she said--that the permit was still good-- and that if the Sheriff maintained their position to give them her name and number and have them call her, and she would set them straight.

It was good to finally get a straight answer from the AG that actually held to the letter of the law in NC. I was, however, rather disappointed with the response from the Beaufort Co. Sheriff's office. I have previously had nothing but praise for them, and they have been very helpful and functioned under the letter of the law with regards to CHP and OC issues. But this one sort of has my hackles up....

The woman I spoke with from the AG's office did admit that she'd never had to field a question on this specific issue, and was not aware of ANY court cases addressing it. She said that the only way to resolve it authoritatively was probably in the courts, and that would involve me getting charged with CCing with an invalid NC permit which is a pretty big risk to take to prove a point. I agreed, and thanked her for her time and help. I also let her know that she would probably be hearing from me again soon, and probably the Beaufort Co. Sheriff's office too.

I'll keep everyone posted on this issue, and let you know how it all ultimately works out.

Stay tuned!

I hope you work it out.

IANAL...however my take:

§ 14‑415.18. Revocation or suspension of permit.

(a) The sheriff of the county where the permit was issued or the sheriff of the county where the person resides may revoke a permit subsequent to a hearing for any of the following reasons:

(3) The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff.

Click to expand...

By moving out of state, you created "the existence of a condition"...

Perhaps a lawsuit against the sheriff would resolve the issue in court....

American Patriot said:

Perhaps a lawsuit against the sheriff would resolve the issue in court....

Click to expand...

Trying to avoid that...

I just got off the phone with the Chief Deputy of Beaufort County and he had GOOD NEWS...

Turns out that I was right.

HE spoke with the person at the NC AG's office and they did some more research, and it turns out that in the manual for the DPS system, it specifically states that when someone with a NC CHP moves (ANYWHERE, in state or out of state) they are:
1) required to inform their issuing Sheriff of their change of address, and
2) their NC CHP remains VALID for the duration of the permit, even if they move out of state.

You will not be issued a new card to reflect an out-of-state address, but the DPS database will reflect the change, so if you have contact with a NC LEO and use your NC CHP (with the old NC address) with an out-of-state DL, when they run your name through the NC DPS database, it WILL reflect your new, out-of-state address, and everything will "check out"...

However, when it comes time to renew, you CANNOT renew it with an out-of-state address.

He was very professional and polite, and was very interested in the work I had done with SCCC at ECU and my pro-2A work in MD. He said he would pass this information on to the Sheriff and other officers in their department, and they would adjust their policies and training to reflect this information. (Previously, they would invalidate CHPs if you moved out of state).

Hopefully, this information is helpful. If anyone on this list moves out out of state and gets hassled by their Sheriff about keeping their NC CHP valid, please send me a PM, and I will send you the name and phone number of the official I spoke with at the Attorney General's office, so you can put your Sheriff in contact with her and get them set straight.

So my NC CHP is still good for 2 more years!!!

Good to know. I live in SC but maintain a NC address for my CHP. I could renew then change my address. I refuse to get a SC CHP because there are several states that do not have reciprocity with them.

NC-Heel said:

Good to know. I live in SC but maintain a NC address for my CHP. I could renew then change my address. I refuse to get a SC CHP because there are several states that do not have reciprocity with them.

Click to expand...

Yeah, that is one of the reasons I wanted to keep mine for a few more years. NC CHPs have reciprocity with more states than ANY other permit in the nation. More than UT or FL, even.

Unfortunately, they do not issue non-resident permits. If they did, they could rake in a TON of revenue based solely on the selling point that they have the most reciprocity of any permit going...