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Thread: Residency Question

  1. #1
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    Ok here are my questions. They all refer to me specifically and my specific situation. I am not asking if everyone can do these things. I will provide as much background info as a i can after i ask the questions.

    1. Can i legally open carry?

    2. Can i legally posses an AL pistol permit?

    3. Can i reside in more than one state as a member of the armed forces while stationed in AL?

    4. Do i have to pay taxes in AL if i want the answer to questions 1, and 2 to be yes?

    Any references to your answers would be very appreciated.

    Background

    Here are things that tie my residency to AL.

    I am active duty army stationed at redstone arsenal AL. I have an AL drivers licence ( a LEO at the DMV informed me that if i owned a home here and worked here i can get an AL drivers licence ). I have an AL issued pistol permit ( the sheriffs office informed me that if i own a home here and posses a AL drivers licence i could get one)

    Things that tie my residency to CA.

    In the army to change your residency you must change your home of record. Mine is listed as CA. I pay state taxes to CA (its cheaper than AL).

    I do not want to change my residency from CA if i dont have to because of tax reasons. I plan on going to see the legal office on base to ask them (they probably know less than i do about this).

    The problem i am having is that AL LEOs are telling me i can have a DL and Permit here because i am a resident by definition, but i am also a resident of CA.

    Thank you for your help.

  2. #2
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    First, IANAL.

    1. Nothing I have read in the statutes say that you must be a resident of AL to carry in AL.

    2. I don't know. The statutes say the the sheriff of the county in which you reside may issue you a permit. I don't know if under this law you are considered as residing in AL when you are maintaining that, for the purposes of paying taxes, you are a CA resident. However, the sheriff issued you a permit. I'd just keep my mouth shut.

    3. You have only one state of legal residence for tax purposes. I don't know if you can have more than one residence for gun permit purposes.

    4. The lawyers from the legal office at Lackland AFB (30 years ago) counseled me that state of legal residence is not black-letter law. It is a matter of intent. Purchasing housing, getting a DL, registering your car, getting a gun permit, etc. can all be used in a court of law as possible proof of intent. I used this idea to establish TX as my legal residence for tax purposes, while NY was my home of record. This never caused me a problem because I never returned to NY except for visits of no more than 2 weeks.

    The lawyers further counseled me that if I kept filing in NY, I could continue to argue that NY was my residence as long as I was in the military.

    Again, it's not black-letter law, but I went 20 years without being bothered about my state of residence. I was able to pay taxes in Texas (none) and enjoy the perks wherever I lived.

    IANAL. However, you have lawyers at the base legal office who can give you up to date info. What I have said may give you food for thought and a basis for questions to ask at the legal office. Unfortunately, it is second-hand, and some of it is 30 years old!

  3. #3
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    Military gets to enjoy dual residency, me I get 3 states. Orders gives you residency in the state your assigned and you keep your home state of record. You can buy guns, get a permit and any thing else that goes with residency.

  4. #4
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    Thank you NavyLT that was just the kind of info i was looking for.

    I kept hearing from everyone that i could have duel residence because Im in the military but i also keep being told OC is illegal so i wanted some documentation to back it all up.

    I hope your enjoying Washington i grew up outside Tacoma.

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