CHP for multi state question

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Until my account is activated at carryconcealed.net I figured I'd post this here asI know many of ya'll also hold CHP/CCW/CWP (whatever you choose to call it) permit.

I'm Active Duty Navy stationed in Norfolk, VA. I've had a CHP for about 9 months. However I OC 99% of the time. My question is this.......

I'm a WA resident. I have a VA resident CHP being military stationed here. Being that I maintain my drivers license and also vote as a Washington resident can I apply for a CHP in WA as a resident or would I have to apply as a Non-Res? But furthermore I'm pending a transfer (waiting for the hard copy of orders) to Tinker AFB in Oklahoma City, OK. Oklahoma recognizes VA CHP so I'm good there. Now Once I get to OK and if I applied for an OK CHP so I have access to other states would my VA permit become void as I'm no longer a resident? Or can I petition it to be transfered to non-res status?



I guess what I'm asking is is it even possible to hold a resident permit for multiple states? I know that my military status throws a wrench in it when it comes to residency status and such.

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Still waiting on activation reply e-mail from other site even after 3 requests by me. :banghead:



So after 45 reads and 5 days not one person here has .02 cents to add.:idea:

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This is the discussion forum of 'OpenCarry.org.' You are asking a narrow legal question in a rather petulant tone.

Your residence is in the state where you pay local taxes. I am not a lawyer.

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Being military any place I am stationed. I am considered a state resident after 4-6 months depending on the state. It doesn't matter that WA is my home of record and I maintain my voter status and drivers license from their. Same applies whenI purchase a hunting and fishing license. I'm not required to pay certain annualtaxes on some purchases I make because of that.

One of thereason I posted it here is after 1 week I still haven't been able to get an activated account at this other site. A site I know many other members here visit not to mention the many members here who also have CHP's. I'm trying to use every resource to ensurethe legality of my permit and potential permits when I do move in a couple of months.

Of the many posts on this forum some of the simplest questions get tuns of replies and others get nothing. I just brought it back to the top for those that may have missed it.

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Most states (I know for sure Arizona) have a law that basically says that if you claim residency in another state, you cannot claim residency there.

Typically, you can only be a resident of one state at a time.

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I don't think any state allows multiple residency. This could lead to a huge voter fraud problem.

If you have a VA CHP, you may be able to get a permit in the state of your new residency without going through all the regemarole of applying for a first time permit.

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While stationed active duty in the AirForce, My state of residency was Delaware, My state of record was Missouri.



check more into this.

http://usmilitary.about.com/cs/militarylaw1/a/homeofrecord.htm

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State of Residence is where you pay State taxes to, have a driver's license from, and are registered to vote.

So if you are maintaining a WA driver's license, pay their state taxes (which are 0% iirc), and vote there, you are a WA resident.

Military orders don't change your residency. You do. If you get stationed in BFE, US State, you are still a resident of where you meet the above criteria, NOT the state you got orders to.

The reason for this is because you are considered to have been moved there involuntarily.

As such, you shouldn't have a resident VA CHP. It should be a non-resident permit (unless there is a clause that treats military on orders as a resident).

But as for having multiple permits, nothing stops you from having a permit from every state (assuming they all issued them) except your desire to bear the costs and time required to get / maintain them.

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I really can't help you other than a friend of mine was stationed in TX for four years in the USAF. he never changed his drivers license, voter registration etc. When he got out and returned to SC he had to pay back state Income taxes. Since he was in TX and ther was no state income tax at that time he couldn't claim that he had already paid them.

If your drivers license etc. is WA I would say that you would be WA resident. I am fairly sure that in SC you can get a CWP if you are stationed here and SC only issues Non-Resident permits to SC land owners. I would expect that is what VA is going by so you can probably have two resident permits. This advice is worth exactly what you are paying for it.

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I was able to talk to the VA state police and local (hometown) sheriff office in WA. Neither one really had an answer as the military aspect came into play. However the VASP said that being militaryI was entitled to a resident permit as long asI was stationed in VA and it would be good until I met the requirement for an OK resident under a military status but thats provided I received those orders. He took my info and said he would get back to me about if I could have it changed to a non-res status or if it would become void.

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darthmord wrote:

State of Residence is where you pay State taxes to, have a driver's license from, and are registered to vote.

So if you are maintaining a WA driver's license, pay their state taxes (which are 0% iirc), and vote there, you are a WA resident.

Military orders don't change your residency. You do. If you get stationed in BFE, US State, you are still a resident of where you meet the above criteria, NOT the state you got orders to.

The reason for this is because you are considered to have been moved there involuntarily.

As such, you shouldn't have a resident VA CHP. It should be a non-resident permit (unless there is a clause that treats military on orders as a resident).

Click to expand...

No. "Actual residents" of Virginia may apply for CHPs in their circuit courts. Period. Their state of "legal residence" does not matter. This has nothing to do with military statuts either. See 18.2-308(D).

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Mike wrote:

darthmord wrote:

State of Residence is where you pay State taxes to, have a driver's license from, and are registered to vote.

So if you are maintaining a WA driver's license, pay their state taxes (which are 0% iirc), and vote there, you are a WA resident.

Military orders don't change your residency. You do. If you get stationed in BFE, US State, you are still a resident of where you meet the above criteria, NOT the state you got orders to.

The reason for this is because you are considered to have been moved there involuntarily.

As such, you shouldn't have a resident VA CHP. It should be a non-resident permit (unless there is a clause that treats military on orders as a resident).

Click to expand...

No. "Actual residents" of Virginia may apply for CHPs in their circuit courts. Period. Their state of "legal residence" does not matter. This has nothing to do with military statuts either. See 18.2-308(D).

Click to expand...

Mike...

D. 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 resides, or if he is a member of the United States Armed Forces, the county or city in which he is domiciled, for a permit to carry a concealed handgun.

Click to expand...

I don't want to sound argumentative but I've done a straight copy & paste from 18.2-308(D) and it clearly shows a military exemption.

As for the 'reside' part... only people who are Residents can reside. If you aren't a resident, you are domiciled. There is a distinction between the two.

But in a nutshell, if you are able to provide proof that you live at a Virginia address, you can get a resident permit. If you do not have a VA address, then you must get a non-resident permit. For the purposes of the above discussion earlier in the thread, military in VA on orders are treated as residents for determining whether they get a resident or non-resident permit.

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According to the VA state police onceI move to OK and change my address to that of an OK one I'm no longer considered to be a VA resident and my CHP will become VOID. I'll have to then apply for a non-res in VA if I choose to keep one.

I can only apply for a non-res in WA even though its my home of record and I maintain my voter status and drivers license. I do not reside their so currently I'm an absentee resident under the military clause.

I will have to apply for a resident OK permit once the 2 month wait is up for the status of being considers an OK resident.

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Shop around for the best non-resident permit that covers the states you're most likely to find yourself in.

http://www.carryconcealed.net/