Dual residency question

[hansolo]

I am not trying anything "hinkey"! I have a question regarding living in two states: My father-in-law lives in Arizona...my wife and I spend a few months each year at his home. The rest of the time we live in California. Does anyone know if it is legal to have a Driver License in both states(that's two separate licenses)?

We can prove residency at Dad's address, and own a place in California. Thanks!

 

[Libertarian]

It is not legal under federal law to hold multiple state DLs. You could get a state ID card from AZ and use it as your residency papers when the police demand to see them. Although this may make it problematic when you try to cross the border from PRK to the US. You might want to leave all of your AZ papers in AZ when you return to the otherside of the tie-dyed curtain.

 

[pre-B '75]

It is not legal under federal law to hold multiple state DLs.

Sure? I always thought it was a state thing. Also, there is a driver's info clearinghouse, used by 47-48 of the states, that allows sharing of info. Still, I thought this was something all participants agreed to fund for their own use. Thereby, any particpating state (nearly all) knows if you have another license and can deny issuing you one until you surrender the old one.





Why couldn't hansolo just register his vehicles in AZ and get his DL there?

Surely there are part-time residents from out of state who are doing the same.

Nothing to stop him from declaring himself an AZ resident.

File taxes there too, to maintain the charade.

 

[Libertarian]

There are many ways to do what he wants to do. However, he will still have to pay his income tax in PRK if he works their. They may also demand that he pay some sort of taxes for the car since he is using their roads.

 

[RANash]

Is there some law that says that you legally live in the state where you spend the majority of your time? I don't think there is (but might be wrong, of course). After all, federal politicians all spend almost all their time in DC but claim their states as their home. (Just think about Hilary Clinton...Well, don't think about her).

In any case, I think your residence is where you say it is. Of course, you have to have a residence in the other state, and pay taxes there, etc.

Maybe you should ask an attorney. Any attorneys out there listening?

 

[graystar]

You can only be a resident of one state at any given time. The state you are a resident of is simply the one that you decide to call home.

Each state usually has defined a set period of time that you must reside in the state to be considered a resident. This is usually for specific purposes. For example, to apply for a New York City handgun license you must be a resident of the state for at least 6 months. Residency of three months is required for other things, etc.

 

[Tim Currie]

I have a similar question....

Mom just moved across the border into Nevada. Bought a house there. I live in CA. I want to purchase guns, legally myself, but keep them in Nevada at her house. How do I go about doing this? I know there has to be a way. Keep in mind the guns will always stay there, just want some fun guns to keep over there since I cant obtain them legally here.

 

[tyme]

graystar, are you sure about that first part? That's not what I've read.

T.C., I think you can be resident of as many states as you have a legitimate residency claim in. The only real complication that arises is with taxes, and I think those fall under three categories.

You should be aware that you might end up in state tax hell if:
-you are employed in more than one state;
-you want to pay taxes based on a residence that is not your domicile (primary residence of choice); or
-one of your states (e.g. NV) of residence has tax rules that force you to pay taxes on income earned in other states (e.g. CA) based on some minimum amount of time (e.g. 30 days) spent in your alternate residence (e.g. NV).

That is not any sort of advice, of course. IANAL. IANAA[ccountant]. And I don't think NV has such silly laws, but as I recall NY might.

 

[EOD Guy]

I have a similar question....

Mom just moved across the border into Nevada. Bought a house there. I live in CA. I want to purchase guns, legally myself, but keep them in Nevada at her house. How do I go about doing this? I know there has to be a way. Keep in mind the guns will always stay there, just want some fun guns to keep over there since I cant obtain them legally here.

Sorry, but California residents can only purchase firearms in California. Out of state purchases of rifles and shotguns must be legal in both states and since California requires the purchase to go through the DROS process, you can't purchase elsewhere.

 

[Kharn]

On a similar note, I just tried to get a Delaware State ID card on Thursday; I have a DL from MD, and live at UDel for most of the year. They refused to issue me one, saying that they couldnt give me a state ID card unless I didnt have a driver's license at all, regardless of which state issued it. I'll investigate it further and report back what I find, because it just seems strange that they wouldnt issue the card at all, or even look at the documents I had (I followed the DMV website and had all of the required documents to get the ID card, birth certificate, SS card, credit card bill and a bank statement showing the same address, but they refused to help me at all).

Of course, Delaware is a small state, I could get my buddy to drive me to the next-nearest DMV and I could "forget" to tell them that I have a DL from MD...

Kharn

 

[graystar]

State ID cards are exactly like drivers licenses, except that you can't drive. That's why you can't get one if you already have a drivers license. The correct route is to turn in your drivers license for a new drivers license (or you could probably get an ID card instead) In either case, when you perform that act you are now saying you are a resident of that state.

 

[pre-B '75]

I had an IL DL and a MO state ID at the same time.

I even bought guns in MO.







Voter registration goes a long way toward establishing residency.

Just register from your friend or relative's house.

 

[Kharn]

Graystar: It is possible to be a resident of two states at the same time, even the ATF acknowledges this and says if you live at a location for one weekend a month or more you can buy guns using that location as your home. For example, someone from Kali could visit their relative in Vegas every 3rd weekend of the month. As they live there, they could get dual residency and then purchase all the toys they want (but those guns could never go to Kali due to Kali law). The problem is: How do you get paperwork to prove you live at the second location so that you can buy guns?

Kharn

 

[hansolo]

CA vs. Anywhere Else

Thanks for your input regarding my question(btt).

Now that I'm really into Guns, my wife and I are considering moving to AZ, both for the relaxed firearm laws and to be close to family. The beginning of this was when I wanted to buy a CZ 75B in a finish other than Black polycoat...the other, nicer finishes are Verbotten in PRK....I couldn't believe that a different finish would make it impossible to own a "prettier" CZ

Goodbye Dodgers, hello Diamondbacks! Let's see; first, get a concealed carry permit...I'll need a carry-gun, or two... slap a J-frame in an ankle rig and a compact .45 IWB.

Gray Davis, Feinstein, etc. will be just a bad memory.

 

[TallPine]

hansolo:

Goodbye, Feinstein; hello, McCain :barf:


Other option: husband and wife could be "residents" of different states, if two homes are maintained.

 

[gregorytech]

Yes

If FL isn't the perfect example, I don't know what is!

It is perfectly legal to have legal "resident" status in more than one state. The snowbirds from the northern states can maintain their residency in their home state, and become part-time residents of Florida during the winter when they are here. It is perfectly legal, particulary if they own properlty in both states. They can buy handguns in both states, as long it's during their time of residency in that state.

People with summer homes in a different state can declare part-time residency in that state and get a state id card.

This is mentioned on the ATF web site regarding (the perfectly legal) purchase of a handgun in both your full time and part-time states of residence.

[edit]

Link to ATF added. Scroll down to Question B13.

http://www.atf.treas.gov/firearms/faq/faq2.htm

[/edit]