Moving-Residency-

[stevekalch]

Questions about what makes you a resident of another state. I am moving from FL to Virginia and need to know when i am considered a resident. FTF transactions have to be between residents, OC, if i choose to ,needs to be by a resident (i think). And what is the deal with moving my guns outta state and if i have to use one in self defense in my house? I am moving for school so thought of keeping my car info in FL as a full time student but not if its hurting my residency status. Alot of questions i know. Thanks for any help!

 

[janedoedad]

Residency occurs about the time you sign the lease/mortgage for the new residence, change your drivers license/vehicle registration, start paying states taxes (if applicable) and receive bills sent to your new address.

In general, most states require that you accomplish the DL and registration thing within thirty days of moving into the state. So far as I know there is no waiting period for establishing state residency.

 

[briangsxr600]

As a student as far as I know if you are in school full time you can still keep your fl resident but live in VA. That is what my wife did she was from IL. And didn't change the a KY res. till after she finished all 4 years.

 

[22-rimfire]

As stated, I would keep my FL residency as a student. No state income tax in FL. You have your carry permit. The only problem is... there must be a residence that you receive mail at there.

If you are going to permanently change you residency, I'd do it as quickly as possible assuming that you want to.

If you don't, eventually you will get pulled over by a cop and you will have to explain the VA tags and FL drivers license or vice versa. If you do nothing, basically when your auto tags expire....

There is also the switching of auto insurance, being able to buy a firearm in VA if that is important to you, etc.

I don't believe there is any "deal" in moving your firearms to VA. To DC or CA, yes. Class III stuff, you have to change that asap or you will be illegal.

 

[Ohio Gun Guy]

careful...

some states do list what they consider residency requirements. Of course it varries. I was considering relocating a while back, and had the same question. You need to look it up, but often, it involves the State I.D. and a place of residence, plus some time period. You should be able to google it....then verify.

 

[cbrgator]

Legally speaking, you are not considered a resident of VA unless you have a legitimate intent to remain. If you plan on moving to back to FL after college you technically are not a resident of VA.

 

[NavyLCDR]

Legally speaking, you are not considered a resident of VA unless you have a legitimate intent to remain. If you plan on moving to back to FL after college you technically are not a resident of VA.

Really?!? Page 126 of the Federal Firearms Regulations Guide:

27 CFR 178.11: MEANING OF TERMS

An out-of-State college student may establish residence in a State
by residing and maintaining a home in a college dormitory or in a
location off-campus during the school term.

ATF Rul. 80-21
"State of residence" is defined by
regulation in 27 CFR 178.11 as the
State in which an individual regularly
resides or maintains a home. The
regulation also provides an example
of an individual who maintains a
home in State X and a home in State
Y. The individual regularly resides in
State X except for the summer
months and in State Y for the summer
months of the year. The regulation
states that during the time the individual
actually resides in State X he is a
resident of State X, and during the
time he actually resides in State Y he
is a resident of State Y.

Applying the above example to out of-
State college students it is held,
that during the time the students actually
reside in a college dormitory or
at an off-campus location they are
considered residents of the State
where the dormitory or off-campus
home is located. During the time outof-
State college students actually
reside in their home State they are
considered residents of their home
State.

[ATFB 1980-4 25]

 

[kanook]

NavyLT, I live in Fl. and I have a cabin that I live in Georgia (I own the land outright) during most of the hunting season. (middle of sept till jan 1) In plain english, for 4 months of the year I am a Georgia resident? Does this mean I can get a resident hunting lic. for both states? not trying to be smart or funny, just a real question that has caused me alot of confusion.

 

[NavyLCDR]

According to the CFR, yes you are a resident of GA during the time that you reside there. HOWEVER, trying to prove that for the purposes of a resident hunting license or for a firearms purchase from an FFL is the problem. You would have to check with the GA state government for the resident hunting license requirements. Also check with the Department of Licensing (that's what it's called in Washington anyway). You might be able to get just a GA state ID card without having to give up your Florida driver's license.

It's not the residency that is the problem, it is proving that residency to the state or an FFL.

 

[joe817]

From the Virginia Department of Taxation:

"A person who lives in Virginia, or maintains a place of abode here, for more than 183 days during the year, or who is a legal (domiciliary) resident of the Commonwealth is considered a Virginia resident for income tax purposes. Residents file Form 760."

http://www.tax.virginia.gov/site.cfm?alias=residencystatus

Are you going to be living there permanently, or temporarily?

It's not all black and white, either/or. Students fall under a separate catagory.

 

[Oro]

Semantic wrangling aside, here's how to answer the OP's question: Get a VA state-issued ID. If you want to do FTF transactions, buy from an FFL, or OC as stated, then you need to be able to pull out a state ID or Driver's License and show your address. This is the item the sellers of firearms or LEO's are going to ask to see to verify your residency for a firearms sale or to check on OC eligibility.

If you do not want to surrender your FL DL, then check into just taking the necessary papers (passport, rental agreement or utilities bills, etc.) and getting a VA ID (non DL). If VA allows dual licenses (a few states do; most don't), you can get both. FL issues a "FL only" DL for the snowbirds, so you could also get a VA DL and an FL restricted one.

"Residency" is where you live. It is not tied to who issued your DL, if you pay taxes, whether you are a welder or a student, etc. It may have a certain small time test to it, but that's all. If there are VA rights you want to exercise that are restricted to residents, you need a VA ID of some type - DL or other state-issued picture ID with your VA address on it.

 

[NavyLCDR]

Open carry is not restricted in VA to residents only. Anyone legal to possess a handgun can open carry in VA whether they are a VA or not.