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Thread: CHP, Military Transfers, and Address Changes !!

  1. #1
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    Does anyone know the correct procedure for military personnel to keep their VA resident CHP while stationed outside of VA? For example:

    1. I am a VA resident (Home of Record). I will retain my VA legal residency throughout my military career. Consequently, I am entitled to the privileges of state residency (e.g. in-state hunting/fishing license, CHP, VA taxes etc.).

    2. My recently updated CHP has my current address on it. Said address will no longer be accurate as of my transfer this summer.

    3. So, when I make the move out of state, how should I deal with my Virginia CHP? Do I just keep it as is, or do I try to somehow get it updated? Since my physical address is in another state, but my legal residency is VA, what goes on the permit, and who would reissue it to me?

    Anyway, I'd appreciate some insight. This last occurred when I was stationed in AL, and I just kept my CHP with the old address on it. However, it occurred to me that might not have been the best idea. I would like to avoid being potentially arrested in the event a LEO sees that my drivers license (which, by the way, the VA DMV will issue with an out of state address) and CHP do not match.

    What a hassle -- moving around SUCKS !!!

    Thanks.

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    Ore wrote:
    Does anyone know the correct procedure for military personnel to keep their VA resident CHP while stationed outside of VA? For example:

    1. I am a VA resident (Home of Record). I will retain my VA legal residency throughout my military career. Consequently, I am entitled to the privileges of state residency (e.g. in-state hunting/fishing license, CHP, VA taxes etc.).

    2. My recently updated CHP has my current address on it. Said address will no longer be accurate as of my transfer this summer.

    3. So, when I make the move out of state, how do I deal with my Virginia CHP? Do I just keep it as is, or do I try to somehow get it updated? Since my physical address is in another state, but my legal residency is VA, what goes on the permit, and who would reissue it to me?

    Anyway, I'd appreciate some insight. This last occurred when I was stationed in AL, and I just kept my CHP with the old address on it. However, it occurred to me that might not have been the best idea. I would like to avoid being potentially arrested in the event a LEO sees that my drivers license (which, by the way, the VA DMV will issue with an out of state address) and CHP do not match.

    What a hassle -- moving around SUCKS !!!

    Thanks.
    I don't have the cite but I believe since VA is your HoR, you still get to maintain a VA Resident Permit.

    Your best bet would be to contact the VSP and ask them for assistance in finding the correct regulations governing that. They've been very helpful in the past when I've had questions for them.

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    Keep your CHP matching your DL. If your home of record is VA, there's no reason to change either (assuming you can receive mail at that address).


  4. #4
    Regular Member TFred's Avatar
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    KBCraig wrote:
    Keep your CHP matching your DL. If your home of record is VA, there's no reason to change either (assuming you can receive mail at that address).
    I believe that is the problem, he won't be able to keep his current address.

    "Said address will no longer be accurate as of my transfer this summer."

    This is a very good question and here's why: Even though you are allowed to keep Virginia as your official state of residence, a CHP is issued through a local court of the jurisdiction in which you reside. If you move out of the state, what is your local jurisdiction?

    I don't know who would have the answer for this and to be honest, I'm not sure the law or the CHP procedures anticipated this circumstance.

    If it were me, my first step would be to go to the local court who issued the CHP, explain your situation, and see if they would be willing to update your CHP with your new address as you move around. If they will, then problem solved. If they will not, you very well may need to bring this to the attention of one of your state legislators.

    TFred

    ETA possible solution.

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    KBCraig wrote:
    Keep your CHP matching your DL. If your home of record is VA, there's no reason to change either (assuming you can receive mail at that address).
    That's the real problem. Active Military status allows me to keep Virginia as my Home of Record regardless of where I am stationed. It's a good thing, because it keeps you from having to continually change tags on your cars and stuff like that (a few less things to worry about and a little less expense every move). The downside is that you're legally a VA resident, but have no physical VA address.

    Absent a solution, I could envision potential problems during a traffic stop or other LEO encounter. If my CHP and drivers license (still VA, but you do have to update the address) have mis-matching addresses, they might claim that my CHP is invalid.




  6. #6
    Regular Member TFred's Avatar
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    Thinking some more, if your local court won't issue a CHP with an out of state address, perhaps you can contact the VSP office that handles non-resident CHPs. Maybe they have dealt with this issue before.

    TFred


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    Here's how I see it for military folks stationed outside of their home of record -

    1 - you are allowed to keep your home of record DL and tags, even if living off-base for several years in another state.

    2 - if you have a residence in your home of record, even while assigned elsewhere, the address is valid for things like CHPs. The fact that you are temporarily located elsewhere does not matter, as the .gov allows you to have dual residency - especially for things like firearms & firearms purchases.

    3 - unless the statre you are stationed in does not recognize your state-of-record permit (Va CHP in this case), you are better off with a resident permit than a non-resident permit. (Many states only recognize resident permits and getting a new permit in every state you are stationed in can be expensive.)

    The above is just me rubbing a few brain cells together to see what sparks. IANAL and all that other stuff.

    stay safe.

    skidmark
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  8. #8
    Founder's Club Member - Moderator ed's Avatar
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    or jet get a non-resident CHP as VA CHP's go.. as long as your true benefits (tx, cars, etc) are not affected.. who cares? A non resident CHP and a Resident CHP is the same flimsy little piece of paper that lets you carry in the same states and that the governor really doesnt want you to have anyway.
    Carry On.

    Ed

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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

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    Ore wrote:
    KBCraig wrote:
    Keep your CHP matching your DL. If your home of record is VA, there's no reason to change either (assuming you can receive mail at that address).
    That's the real problem. Active Military status allows me to keep Virginia as my Home of Record regardless of where I am stationed. It's a good thing, because it keeps you from having to continually change tags on your cars and stuff like that (a few less things to worry about and a little less expense every move). The downside is that you're legally a VA resident, but have no physical VA address.

    Absent a solution, I could envision potential problems during a traffic stop or other LEO encounter. If my CHP and drivers license (still VA, but you do have to update the address) have mis-matching addresses, they might claim that my CHP is invalid.




    My CHP and Drivers Liscense address don't match. I've moved to another VA address.

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

    "The address on my Resident Concealed Handgun Permit is no longer correct. Is my permit still valid?
    Yes, but you may request a replacement permit if you wish. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address."

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    mpg9999 wrote:
    Ore wrote:
    KBCraig wrote:
    Keep your CHP matching your DL. If your home of record is VA, there's no reason to change either (assuming you can receive mail at that address).
    That's the real problem. Active Military status allows me to keep Virginia as my Home of Record regardless of where I am stationed. It's a good thing, because it keeps you from having to continually change tags on your cars and stuff like that (a few less things to worry about and a little less expense every move). The downside is that you're legally a VA resident, but have no physical VA address.

    Absent a solution, I could envision potential problems during a traffic stop or other LEO encounter. If my CHP and drivers license (still VA, but you do have to update the address) have mis-matching addresses, they might claim that my CHP is invalid.




    My CHP and Drivers Liscense address don't match. I've moved to another VA address.

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

    "The address on my Resident Concealed Handgun Permit is no longer correct. Is my permit still valid?
    Yes, but you may request a replacement permit if you wish. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address."
    Wow, I had looked through there before, but didn't check the FAQ section. I think you have solved my problem, as that "if you wish" part of the cite definitely shows it's my option to update it or not. In that case, I think I'll just keep it as is

  11. #11
    Regular Member TFred's Avatar
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    mpg9999 wrote:
    My CHP and Drivers Liscense address don't match. I've moved to another VA address.

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


    "The address on my Resident Concealed Handgun Permit is no longer correct. Is my permit still valid?
    Yes, but you may request a replacement permit if you wish. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address."
    Well! I guess I should have read the law before I opened my mouth!

    From 18.2-308:

    K1. The clerk of a circuit court that issued a valid concealed handgun permit shall, upon presentation of the valid permit and proof of a new address of residence by the permit holder, issue a replacement permit specifying the permit holder's new address. The clerk of court shall forward the permit holder's new address of residence to the State Police. The State Police may charge a fee not to exceed $5, and the clerk of court issuing the replacement permit may charge a fee not to exceed $5. The total amount assessed for processing a replacement permit pursuant to this subsection shall not exceed $10, with such fees to be paid in one sum to the person who accepts the information for the replacement permit.
    There is no requirement that the new address must be in Virginia! Looks like the question is answered.

    Not to say you might not run into an anti-gun clerk or judge. But that would make for some beneficial publicity.

    TFred


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