Quick CCW Question


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InfamousLegend
March 24, 2012, 06:05 AM
I live in Shasta County and would like a little clarification on a local CCW law that is on the books. You apparently have to be a one (1) year resident of Shasta County to obtain a CCW here. Now I'm currently 19 years old and was born here and have never lived or claimed residency anywhere else. The thing is I'm shipping off for the military in May and I intend to come back afterwards. Does me having 19 years of prior residency count even if I left for four years to be in the military?

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bigfatdave
March 24, 2012, 06:09 AM
keep your "home of record" the same all the way through

and you'll probably get a better CA-specific answer on CalGuns, I just have the veteran's side of the answer, don't know if there is special CA nonsense associated

Quiet
March 24, 2012, 06:25 AM
Does me having 19 years of prior residency count even if I left for four years to be in the military?
No.
It's one year of residency prior to applying.
If you leave for four years, it doesn't start until you come back and re-establish residency in the county.

Also, if you do come back after 4 years, CA LTC permit issuance may have change to the point that the one year residency is no longer required. Currently, there are several CA CCW lawsuits in the court system that have the possibility of changing CA's "may issue" CCW system into a "shall issue" CCW system.

InfamousLegend
March 24, 2012, 06:32 AM
Can I claim residency in Shasta County while still in the military like Dave said? When in the military do you even claim residency anywhere else? I mean afterall you can be shipped to the Middle East, does that make the Middle East your legal residence?

Plus since UOC is illegal and the law requires a one year residency isn't it unconstitutional? After all your right to keep and bear arms shall not be infringed, yet you can't carry a firearm for a year and UOC is not allowed.

bigfatdave
March 24, 2012, 06:55 AM
Plus since UOC is illegal and the law requires a one year residency isn't it unconstitutional?the unconstitutional stuff starts a LONG way before the UOC nonsense.

Again, as far as the .mil is concerned, you can claim about anywhere as your "home of record", for example I chose a state I had family in that didn't collect state income tax from military pay received/earned out of state.
I don't know what idiocy California puts on residency, I highly doubt they do a very competent job of verifying whatever you put on your paperwork, I'd just apply with my home of record listed and act like there was no reason to question it. CalGuns or another area-specific site may have more information.

InfamousLegend
March 24, 2012, 06:59 AM
I just join CalGuns and will post the question there, and thank you Dave and Quiet.

jeepnik
March 24, 2012, 10:51 AM
Sort of a silly answer, but how about picking up the phone and calling the issuing agency?

Gtimothy
March 24, 2012, 12:49 PM
When you join the military you retain the residency of whatever state/county you list as your residence when you were sworn in. As long as you do not change your "Permanent address" you are a resident of that state/county for as long as you are in. Being in the military also makes it MUCH easier to get your CCW. Both my wife and I are Vets and neither of us were required to go through the (Florida) CCW class to obtain ours. I'm sure there are more hoops you'll have to jump through because you live in ********** but you will not have to become a resident again.

JohnBiltz
March 24, 2012, 04:58 PM
If you go in your home of residency is where you pay taxes and vote. If you vote and pay taxes there then you should be a resident.

GRIZ22
March 25, 2012, 02:12 PM
If you go in your home of residency is where you pay taxes and vote. If you vote and pay taxes there then you should be a resident.

My take exactly. To those who say the time he spends in the military does not count as residency how the heck does CA collect state taxes from him when he's stationed in say FL.

Wherever your home of record is when you join is where you still maintain residency while in the military.

Averageman
March 25, 2012, 03:25 PM
keep your "home of record" the same all the way through
and you'll probably get a better CA-specific answer on CalGuns, I just have the veteran's side of the answer, don't know if there is special CA nonsense associated
Please save yourself thousands of dollars and DO NOT CLAM CALIFORNIA AS YOUR HOME OF RECORD.
If at all possible adopt a new home State that will not tax you while you serve our Country. There is NO reason you should pay taxes to a State you do not live in or own property.

bigfatdave
March 25, 2012, 03:30 PM
There is NO reason you should pay taxes to a State you do not live in or own property.agreed on that, and I'd ditch CA altogether if I was striking out on my own and joining the military ... but the OP seems to be tied to the area, to a specific county, even.

Craig_VA
March 25, 2012, 09:03 PM
I am not a lawyer, and know nothing about California tax or gun laws and Shasta County local statutes. However, I was on active duty, and am familiar with at least some general aspects of issues and aspects of state residency. While on active duty, I was a legal resident of Texas, then Kansas, and finally Virginia. I was a physical resident of Texas, Virginia, Kansas, and briefly Mississippi and Maryland.

My advice to the OP: To get a "good" answer to your question, you will have to consult a lawyer who practices in Shasta County, and preferably one who has represented a gun owner seeking a CCL.

You are not getting good advice so far in this thread, only individual opinons based on incomplete knowledge and experience.

I cannot answer your question, I can only offer my own opinion based on my experience.

Here is why I make the above observation: All of the comments about being able to hold legal residency in a single state while on active duty, and thus holding a driver's license from that state, and being subject to that state's income tax (if it exists), is only partially correct. The core legal right to keep a single state residency as you move around the world on active duty is guaranteed by the G.I. Bill of Rights, a law that goes back many decades. However, you cannot just throw a dart at a map and claim any state you want as you enter your service. You have to meet the requirements of THAT state for residency. Some states let you declare by just affirming your intent to settle there when you leave active duty. Other sates require that you have lived in the state for some specific period of time.

Next little tidbit - there is not one rule for "resident" for all purposes. The rule for driver's license and income tax can be different for the rule for in-state tuition at state universities. (This is the case in Texas, where the in-state tuition rule even changes from one school to another.) It could well be that the confluence of California state law and Shasta County statute for CCL with regard to county residency could well be a third rule.

So ... check your local authorities, and good luck on active duty. The advice to consider a different state than CA for residency while on active duty is based the practice of California wanting to tax your military income not only while you serve, but also if you go to retirement, to tax your retirement pay NO MATTER WHERE you settle as a retiree.

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