Edward Peruta
Regular Member
imported post
In late 2008, anticipating the problem with the San Diego Sheriff's inability to understand the difference between Residence and Domicile, I made it a point to carry my tape recorder to the initial interview for my CCW.
Before listening to the audio clip, please read the information regarding the definition of residence which is providedafter and belowthe link.
Here is the audio link: http://www.ourrockyhill.com/1.California%20Issues/Initial%20Interview%20San%20Diego%20CCW%20Application.mp3http://www.ourrockyhill.com/1.California Issues/Initial Interview San Diego CCW Application.mp3
Black's Law Dictionary, Sixth Edition, p. 1309:
Resident. “Any person who occupies a dwelling within the State, has a present intent to remain within the State for a period of time, and manifests the genuineness of that intent by establishing an ongoing physical presence within the State together with indicia that his presence within the State is something other than merely transitory in nature. The word “resident” when used as a noun means a dweller, habitant or occupant; one who resides or dwells in a place for a period of more, or less, duration; it signifies one having a residence, or one who resides or abides. [Hanson v. P.A. Peterson Home Ass’n, 35 Ill.App2d 134, 182 N.E.2d 237, 240] [Underlines added]
Word “resident” has many meanings in law, largely determined by statutory context in which it is used. [Kelm v. Carlson, C.A.Ohio, 473, F2d 1267, 1271]
U.S. Air Force Fact Sheet
LEGAL RESIDENCE/DOMICILE
IMPORTANT!!! READ THIS FIRST!!!
The information displayed on this web site is intended for the sole use of active duty service members, retirees, their families, and other personnel eligible for legal assistance from the Brooks Air Force Base Legal Office. Using the information contained in this web site does not constitute an attorney-client relationship between you and the Brooks Air Force Base Legal Office. The information is general in nature and is presented to help those eligible persons prepare for a legal assistance consultation with a judge advocate in the legal office. Rights and responsibilities may vary widely across states, branches of the armed forces, and civilian jurisdictions. In addition, laws are changed from time to time. Do not rely on the general restatements of the background information presented here without discussing your specific situation with a legal professional.
Q: What is the difference between "residence" and "legal residence"?
A:"Residence" simply refers to a place you own, rent, lease, etc. For example, you may own a house in Tennessee, lease a condominium in Florida, and rent an apartment in San Antonio. Each one of these places is a "residence," and you may have more than one. "Legal residence" (also known as "domicile") refers to the state which you call "home." This is the state where you file income tax (if that state has an income tax) and is the state where you intend to return after you get out of the military. You may only have one domicile.
In late 2008, anticipating the problem with the San Diego Sheriff's inability to understand the difference between Residence and Domicile, I made it a point to carry my tape recorder to the initial interview for my CCW.
Before listening to the audio clip, please read the information regarding the definition of residence which is providedafter and belowthe link.
Here is the audio link: http://www.ourrockyhill.com/1.California%20Issues/Initial%20Interview%20San%20Diego%20CCW%20Application.mp3http://www.ourrockyhill.com/1.California Issues/Initial Interview San Diego CCW Application.mp3
Black's Law Dictionary, Sixth Edition, p. 1309:
Resident. “Any person who occupies a dwelling within the State, has a present intent to remain within the State for a period of time, and manifests the genuineness of that intent by establishing an ongoing physical presence within the State together with indicia that his presence within the State is something other than merely transitory in nature. The word “resident” when used as a noun means a dweller, habitant or occupant; one who resides or dwells in a place for a period of more, or less, duration; it signifies one having a residence, or one who resides or abides. [Hanson v. P.A. Peterson Home Ass’n, 35 Ill.App2d 134, 182 N.E.2d 237, 240] [Underlines added]
Word “resident” has many meanings in law, largely determined by statutory context in which it is used. [Kelm v. Carlson, C.A.Ohio, 473, F2d 1267, 1271]
U.S. Air Force Fact Sheet
LEGAL RESIDENCE/DOMICILE
IMPORTANT!!! READ THIS FIRST!!!
The information displayed on this web site is intended for the sole use of active duty service members, retirees, their families, and other personnel eligible for legal assistance from the Brooks Air Force Base Legal Office. Using the information contained in this web site does not constitute an attorney-client relationship between you and the Brooks Air Force Base Legal Office. The information is general in nature and is presented to help those eligible persons prepare for a legal assistance consultation with a judge advocate in the legal office. Rights and responsibilities may vary widely across states, branches of the armed forces, and civilian jurisdictions. In addition, laws are changed from time to time. Do not rely on the general restatements of the background information presented here without discussing your specific situation with a legal professional.
Q: What is the difference between "residence" and "legal residence"?
A:"Residence" simply refers to a place you own, rent, lease, etc. For example, you may own a house in Tennessee, lease a condominium in Florida, and rent an apartment in San Antonio. Each one of these places is a "residence," and you may have more than one. "Legal residence" (also known as "domicile") refers to the state which you call "home." This is the state where you file income tax (if that state has an income tax) and is the state where you intend to return after you get out of the military. You may only have one domicile.