Dual residency?

[JAMES77257]

I purchased land in Nevada to build a house on in the next two years. I want to establish my residency in Nevada now (DMV, etc.) Does anyone know about this? I have contacted the postal service, and DMV. It will be easy enough to do, but how will this affect me living primarily in California the next two years? I will be spending about 3 months a year in Nevada devloping my land.

 

[Leatherneck]

As a general rule, your residence is where you're residing at any given time.

I assume you're not in the military, right? Special rules apply to active-duty military.

Various agencies use different criteria for documentation to prove residency: drivers license is the main document, but utility bills, leases, even your deed might contribute. Having a mailing address is probably a must.

Bottom line: you live where you say you live, but you may have to back that up with documents.

TC

 

[geekWithA.45]

Per the ATF:

http://www.atf.gov/firearms/faq/faq2.htm#b11

(B11) What constitutes residency in a State? [Back]

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State? [Back]

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

 

[ravencon]

There is a distinction (sometimes) between one's place of residence and one's domicile. Often the term "residence" is used as being synonymous with "domicile", strictly speaking it isn't synonymous. "Domicile" is one's legal residence. You can have more than one residence but only one domicile.

Determining domicile can sometimes be murky since the traditional definition is subjective--the place you intend to return to and remain.

 

[57Coastie]

James,

Determining one's "residence" can fill a real thick lawbook. The best place to start is by asking the question, "residence for what purpose?"

For example - for the purpose of getting married? For the purpose of getting a divorce? For the purpose of paying income taxes? For the purpose of paying real estate taxes? For the purpose of avoiding paying taxes? For the purpose of obtaining a driver's license? For the purpose of whether or not the local LEO thinks you should have a driver's license from his state? For the purpose of licensing your automobile? For the purpose of temporary residence or permanent residence? For the purpose of gun control laws (added to perhaps get you on topic)? For the purpose of qualifying for in-state tuition? This list goes on and on.

When you caption your question "Dual residency?" you are making an assumption which may or may not be valid, once again depending upon the purpose for the question. Yours is less a question than it is an argument.

Seldom does one have a choice to simply declare his residence, or domicile, if more appropriate in a particular case, in one state or another. Both words are matters of legal status, and the law generally does that for you whether in accordance with your personal wishes or not.

Given the situation you describe yourself in, and your future intentions, many would probably say you remain a domiciliary of PRK for most if not all the above examples until you get your house in Nevada built and move into it permanently.

You may be confident, however, that Nevada, like most states, will be happy to take your money if you want to give it to them, for example, to register your automobile or to get a driver's license. If you expect those licenses to insulate you from PRK regulations, don't be surprised if a PRK LEO says, "Sorry, James, you are a resident of this state, you have to meet our requirements. Both your Nevada automobile license plate and your Nevada driver's license are invalid here. Come along with me."

Will one sometimes get hung up between two states when his status is unclear? Of course. But I dont believe that is true in your case.

Jim

 

[JAMES77257]

James,

Determining one's "residence" can fill a real thick lawbook. The best place to start is by asking the question, "residence for what purpose?"

For example - for the purpose of getting married? For the purpose of getting a divorce? For the purpose of paying income taxes? For the purpose of paying real estate taxes? For the purpose of avoiding paying taxes? For the purpose of obtaining a driver's license? For the purpose of whether or not the local LEO thinks you should have a driver's license from his state? For the purpose of licensing your automobile? For the purpose of temporary residence or permanent residence? For the purpose of gun control laws (added to perhaps get you on topic)? For the purpose of qualifying for in-state tuition? This list goes on and on.

When you caption your question "Dual residency?" you are making an assumption which may or may not be valid, once again depending upon the purpose for the question. Yours is less a question than it is an argument.

Seldom does one have a choice to simply declare his residence, or domicile, if more appropriate in a particular case, in one state or another. Both words are matters of legal status, and the law generally does that for you whether in accordance with your personal wishes or not.

Given the situation you describe yourself in, and your future intentions, many would probably say you remain a domiciliary of PRK for most if not all the above examples until you get your house in Nevada built and move into it permanently.

You may be confident, however, that Nevada, like most states, will be happy to take your money if you want to give it to them, for example, to register your automobile or to get a driver's license. If you expect those licenses to insulate you from PRK regulations, don't be surprised if a PRK LEO says, "Sorry, James, you are a resident of this state, you have to meet our requirements. Both your Nevada automobile license plate and your Nevada driver's license are invalid here. Come along with me."

Will one sometimes get hung up between two states when his status is unclear? Of course. But I dont believe that is true in your case.

Jim

My reasons are:

1. To register my vehicles there. Registration fees are minimal.

2. To purchase firearms. They WILL be kept in storage in Nevada.

3. To take one step out of the moving process.


I own a business in PRK, so I will continue to pay taxes there. I own property in Nevada, so I will be paying taxes there.

So basically I will be contributing to both states equally.

Also, how will this affect my California CCW permit?

 

[57Coastie]

James77257 says

My reasons are:

1. To register my vehicles there. Registration fees are minimal.

2. To purchase firearms. They WILL be kept in storage in Nevada.

3. To take one step out of the moving process.

James, if you want a definitive answer to your question, if indeed there is one, I suggest that you consult with an attorney, preferably one who is a member of the bars of both California and Nevada, which I am not, so I cannot give you legal advice, nor would I on the internet if I could, nor may you rely on anything which I might say.

Sometimes one asks a question only to discover that he wishes he did not get an answer. Yours may be one of those cases.

My nonlegal, layman's answer to your question was suggested earlier, and your language quoted just above makes me even more confident of the speculation I gave you earlier. As to your reason #2, I suggest that you read with care geekWithA.45's quote from 27 CFR 478.11 -- not just the bit of it you might like, but all of it.

Jim

 

[JAMES77257]

Ok, I own land in Nevada. When I am working there I live on the property. I pay property tax on the property.

I own land in California. When I am not working in Nevada, I live in California. I pay taxes in California.

What distinguishes where my residency is?

What if I am stopped by a Nevada LEO, and he wants my Nevada lic,reg,ins?

I am not looking for free legal advice. I am just wondering if anyone has dealt with, or inquired about this before.

James

 

[57Coastie]

James77257 asks,

I am just wondering if anyone has dealt with ... this before.

Yes, James. Many, many times.

Jim

 

[JAMES77257]

Yes, James. Many, many times.

Jim

Ok......what facts have you come up with pertaining to my previous questions?

 

[Baba Louie]

Sounds like the old Howard Hughes Theory. Worked for him.
I know several people who "moved here" (here being So. NV) from either AZ or CA, set up their residency here and "commute" to both AZ and CA for business on a regular oft-times daily basis. Some of them even have a home or two back there as well (tho' three of the guys I know sold their "out-of-state" property to their corporations... I couldn't tell you why)
It's done every day.
It's a free country. Moving for any number of reasons makes sense to me.

 

[57Coastie]

James,

I do not intend to debate this with you. You asked a question to which I attempted to suggest some answers. You not only reject those answers but you dispute them, in my opinion rather rudely, and then you go on to add new facts to describe your situation each time you make another post. I am no longer amused by your signature line. I now see it clearly applies to me. This does not encourage members to attempt to help others when they have a legitimate question.

You, sir, are in a state of denial, and you are trolling for the answer you want. You will not get it from me. You are a man and you are free to exercise your judgment. If you disagree with me I respect your opinion, although I do not agree with it. You makes your decision and you lives with it. If you try long enough you will find someone to give you the answer you are looking for. (I see now that perhaps it has crossed with this one in cyberspace).

With respect,

Jim

 

[Aguila Blanca]

Ok, I own land in Nevada. When I am working there I live on the property. I pay property tax on the property.

I own land in California. When I am not working in Nevada, I live in California. I pay taxes in California.

What distinguishes where my residency is?

According to the BATFE advisory previously quoted, what determines your place of residence is where you are living. You wrote that you will be in Nevada for 3 months out of the year while your Nevada house is being built. Where will you be living, and for how long? If those 3 months will consist of quick weekend jaunts to check the construction progress, it likely would not qualify as "living" there. On the other hand, if you rent a house or take a suite in a business suites hotel for a longer period, say a month at a time, then you have a better chance of arguing that you periodically reside in Nevada.

What if I am stopped by a Nevada LEO, and he wants my Nevada lic,reg,ins?

What are the Nevada laws? My grandparents used to own a summer house in Maine. They "lived" in Maine for 5 months out of each year. They never obtained Maine driver's license or car registration and they never had a problem. On the other hand, the state in which I currently live and work requires anyone living or working here more than 60 days to obtain a driver's license in this state. I've never needed to investigate, but I have to assume this means that dual licensure must be legal, because they can't expect people who work here but live in an adjoining state to surrender their home state driver's license for the dubious privilege of working here.

I am not looking for free legal advice. I am just wondering if anyone has dealt with, or inquired about this before.

It has been debated at length on this forum previously. Search is your friend.

 

[JAMES77257]

James,

I do not intend to debate this with you. You asked a question to which I attempted to suggest some answers. You not only reject those answers but you dispute them, in my opinion rather rudely, and then you go on to add new facts to describe your situation each time you make another post. I am no longer amused by your signature line. I now see it clearly applies to me. This does not encourage members to attempt to help others when they have a legitimate question.

You, sir, are in a state of denial, and you are trolling for the answer you want. You will not get it from me. You are a man and you are free to exercise your judgment. If you disagree with me I respect your opinion, although I do not agree with it. You makes your decision and you lives with it. If you try long enough you will find someone to give you the answer you are looking for. (I see now that perhaps it has crossed with this one in cyberspace).

With respect,

Jim

From your first post you were trolling for an arguement. I don't have anything to disagree with. All you responded with were hypothetical "what if's". If you don't know the answer to the question, don't reply.

If you would have said "You can't, and this is the reason" I would have said "Ok, thanks for the help".

I was never rude to you, I was simply trying to cut thriugh the BS.

I don't care what the answer is. If I can't do this, then so be it.

If you are a lawyer, your ramblings make perfect sense. My attorney takes as much of my time as I let him (he charges by the hour). I am not looking for legal advice, just someone who knows about this situation first hand.


Regards,

James

 

[JAMES77257]

Quote:
Ok, I own land in Nevada. When I am working there I live on the property. I pay property tax on the property.

I own land in California. When I am not working in Nevada, I live in California. I pay taxes in California.

What distinguishes where my residency is?

According to the BATFE advisory previously quoted, what determines your place of residence is where you are living. You wrote that you will be in Nevada for 3 months out of the year while your Nevada house is being built. Where will you be living, and for how long? If those 3 months will consist of quick weekend jaunts to check the construction progress, it likely would not qualify as "living" there. On the other hand, if you rent a house or take a suite in a business suites hotel for a longer period, say a month at a time, then you have a better chance of arguing that you periodically reside in Nevada.


Quote:
What if I am stopped by a Nevada LEO, and he wants my Nevada lic,reg,ins?

What are the Nevada laws? My grandparents used to own a summer house in Maine. They "lived" in Maine for 5 months out of each year. They never obtained Maine driver's license or car registration and they never had a problem. On the other hand, the state in which I currently live and work requires anyone living or working here more than 60 days to obtain a driver's license in this state. I've never needed to investigate, but I have to assume this means that dual licensure must be legal, because they can't expect people who work here but live in an adjoining state to surrender their home state driver's license for the dubious privilege of working here.


Quote:
I am not looking for free legal advice. I am just wondering if anyone has dealt with, or inquired about this before.

It has been debated at length on this forum previously. Search is your friend

You have answered my question in great detail. Thank you.

 

[xd45gaper]

i was a dual resident for the longest time BUT im active duty military, and i figured why pay state taxes in KS when i live in FL which charges NO state taxes so now im a resident of FL.