Author Topic: Hello Everyone  (Read 6243 times)

WickedSoul

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Hello Everyone
« on: May 31, 2013, 05:20:16 AM »
Hi everyone,

South Carolina native here, moving up to Newark, DE for work/school for about five years. I'm hoping to meet some friendly people up near Newark, and find some good places to go shooting, as well as good shops. I'm really spoiled by living close to Palmetto State Armory's physical locations, where even during the heat of the panic I've been able to get ammo without too much trouble.

I already hold a valid South Carolina Concealed Weapons Permit, and am hoping to eventually get my Delaware permit (as well as Pennsylvania, if possible). I'll unfortunately have to travel to Maryland quite often for work, and from what I can tell it's virtually impossible to get a valid permit in that state. Even Delaware's CWP process seems lengthy, troublesome, and expensive to me. In South Carolina we simply needed to take a one-day class, a written and shooting test, then give our paperwork for a background check. Oh, and a $50 processing fee. So really, compared to Delaware, it seems quite easy. Not to mention South Carolina has very explicit laws about Castle Doctrine, Stand Your Ground, and even Alter-Ego. No open carry like Delaware, but really that's pretty much the ONLY thing that South Carolina does not have!

Anyways, hope to meet some people and better familiarize myself with Delaware's laws by being here!

Newlife503

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Re: Hello Everyone
« Reply #1 on: May 31, 2013, 10:37:59 AM »
Hi everyone,

South Carolina native here, moving up to Newark, DE for work/school for about five years. I'm hoping to meet some friendly people up near Newark, and find some good places to go shooting, as well as good shops. I'm really spoiled by living close to Palmetto State Armory's physical locations, where even during the heat of the panic I've been able to get ammo without too much trouble.

I already hold a valid South Carolina Concealed Weapons Permit, and am hoping to eventually get my Delaware permit (as well as Pennsylvania, if possible). I'll unfortunately have to travel to Maryland quite often for work, and from what I can tell it's virtually impossible to get a valid permit in that state. Even Delaware's CWP process seems lengthy, troublesome, and expensive to me. In South Carolina we simply needed to take a one-day class, a written and shooting test, then give our paperwork for a background check. Oh, and a $50 processing fee. So really, compared to Delaware, it seems quite easy. Not to mention South Carolina has very explicit laws about Castle Doctrine, Stand Your Ground, and even Alter-Ego. No open carry like Delaware, but really that's pretty much the ONLY thing that South Carolina does not have!

Anyways, hope to meet some people and better familiarize myself with Delaware's laws by being here!

If your only going to be in Delaware temporarily and you are going to keep your physical address in South Carolina I would suggest getting a Florida non resident permit.  It is a lot easier to get and would be valid in Delaware as long as you do not set up perminant residence here.  I.E. changing driver license making a perminant address etc.
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WickedSoul

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Re: Hello Everyone
« Reply #2 on: May 31, 2013, 06:01:34 PM »
If your only going to be in Delaware temporarily and you are going to keep your physical address in South Carolina I would suggest getting a Florida non resident permit.  It is a lot easier to get and would be valid in Delaware as long as you do not set up perminant residence here.  I.E. changing driver license making a perminant address etc.
Is it really as simple as not changing my driver's license, though? Won't I become domicile in Delaware after living there for 12 months consecutively (or is this still different from residency in terms of a CWP)?

My SC driver's license will valid for the entire duration that I'm in Delaware (and then some), and I will still have a residence in my name in SC, actually. I will be living in Delaware consecutively for the roughly five years that I have planned.

If it's really as simple as not changing my driver's license, then I think I will absolutely just get my Florida non-resident CWP instead!

robberbaron

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Re: Hello Everyone
« Reply #3 on: May 31, 2013, 06:28:11 PM »
I am not a lawyer, but I think there are specific rules regarding legal residency and domicile requirements. It stems more from a tax position, in my opinion. In other words, Delaware will want income taxes from any work you have here. If you will be going to school and working, it may be a bit of a gamble. I live in Delaware but also collect fees for work I do in PA and must file a PA return every year.
I found this in a recent search:
 The Division of Revenue, which collects personal income taxes, defines a resident as "an individual who either is domiciled in this State for any part of the taxable year or maintains a place of abode in this State and spends more that 183 days of the taxable year in this State." (See the Division of Revenue's Income Tax Booklet at http://revenue.delaware.gov/services/Dev… .)

Lumspond

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Re: Hello Everyone
« Reply #4 on: May 31, 2013, 06:57:34 PM »
Welcome to Delaware Wicked. Newark is a nice college town. Plenty of places to walk, shop and eat. There is a gunshop in Newark, X-Ring Supply. You can check there web page. Be careful though, the Coty of Newark keeps trying to pass stricter laws than the rest of the county and state. They had a lower alcohol limit than the state at one time, but they accidentally let that lapse.
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Newlife503

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Re: Hello Everyone
« Reply #5 on: May 31, 2013, 11:00:58 PM »
If your only going to be in Delaware temporarily and you are going to keep your physical address in South Carolina I would suggest getting a Florida non resident permit.  It is a lot easier to get and would be valid in Delaware as long as you do not set up perminant residence here.  I.E. changing driver license making a perminant address etc.
Is it really as simple as not changing my driver's license, though? Won't I become domicile in Delaware after living there for 12 months consecutively (or is this still different from residency in terms of a CWP)?

My SC driver's license will valid for the entire duration that I'm in Delaware (and then some), and I will still have a residence in my name in SC, actually. I will be living in Delaware consecutively for the roughly five years that I have planned.

If it's really as simple as not changing my driver's license, then I think I will absolutely just get my Florida non-resident CWP instead!

I could not find anything online that was cut and dry.  IMO If everything you have i.e. driver license, vehicle registration, taxes and such is your SC address who would know any different?  But if something were to happen and you were under a microscope it might not work out in your favor.  Everything is open to interpretation.  If it were me I would take the chance, but, It's not me and I'm not a lawyer and cannot tell you what to do.  Good luck!
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WickedSoul

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Re: Hello Everyone
« Reply #6 on: June 04, 2013, 12:16:01 AM »
Hmm, this is why I am torn on what to do.

It would be quite easy for me to obtain my Florida permit, but I think I technically will be considered domicile in Delaware.

I'm really upset by Delaware's "duty to retreat" laws, as that's something I'm not used to here in South Carolina where we have protections in place for innocent citizens to defend themselves.

Regardless, I am going to get my Florida permit for the time being so that for at least the first year I am in Delaware I will be covered, until I can figure out what to do.

Thanks for the help, everyone!

Lumspond

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Re: Hello Everyone
« Reply #7 on: June 04, 2013, 01:05:13 AM »
It's not something I'd play around with. You'll be a DE resident, so I'd get the the DE CCDW. My opinion.
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oldgraygeek

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Re: Hello Everyone
« Reply #8 on: June 04, 2013, 01:09:51 AM »
Having a Delaware driver's license, or any equivalent establishment of Delaware residency, renders any out-of-state permit null and void, and makes it a felony to carry concealed.

Other than that -- if you legally reside in another state, then a permit honored by Delaware should be OK.
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WickedSoul

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Re: Hello Everyone
« Reply #9 on: June 04, 2013, 01:33:28 AM »
Having a Delaware driver's license, or any equivalent establishment of Delaware residency, renders any out-of-state permit null and void, and makes it a felony to carry concealed.

Other than that -- if you legally reside in another state, then a permit honored by Delaware should be OK.
Well, like I said, I will be living in Delaware most of the year for about 5 years, and I will rent something like an apartment there, however, I have a permanent residence in my name here in South Carolina, as well as a driver's license that will be valid for well beyond the duration I will be living in Delaware. I was not planning to switch to a Delaware driver's license unless the law required it, since even though my stay will be for something like 5 years, it's really just going to be temporary.

It's a bit of a complicated situation, I guess.

Lumspond

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Re: Hello Everyone
« Reply #10 on: June 04, 2013, 01:45:39 AM »
Link from the rules and regs section of Delaware DMV http://delcode.delaware.gov/title21/c021/sc01/index.shtml


§ 2102. Registration of vehicles of new residents; penalty.

(a) Every owner of a motor vehicle, trailer, or other vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain registration for the vehicle. Vehicle owners who have apportioned power units registered in Delaware under the International Registration Plan are exempt from the requirement to register their trailers in accordance with the International Registration Plan agreement. Members of the military and their families who have vehicles registered in their home state are also exempt from this requirement.
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WickedSoul

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Re: Hello Everyone
« Reply #11 on: June 04, 2013, 02:44:19 AM »
Link from the rules and regs section of Delaware DMV http://delcode.delaware.gov/title21/c021/sc01/index.shtml


§ 2102. Registration of vehicles of new residents; penalty.

(a) Every owner of a motor vehicle, trailer, or other vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain registration for the vehicle. Vehicle owners who have apportioned power units registered in Delaware under the International Registration Plan are exempt from the requirement to register their trailers in accordance with the International Registration Plan agreement. Members of the military and their families who have vehicles registered in their home state are also exempt from this requirement.

Yep, looks like I will have to get both a Delaware driver's license and register my vehicle there.

I should still be able to get a Florida out-of-state permit for use not in Delaware, but for use in other states with reciprocity, correct?

Newlife503

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Re: Hello Everyone
« Reply #12 on: June 04, 2013, 03:01:47 AM »
Link from the rules and regs section of Delaware DMV http://delcode.delaware.gov/title21/c021/sc01/index.shtml


§ 2102. Registration of vehicles of new residents; penalty.

(a) Every owner of a motor vehicle, trailer, or other vehicle shall, within 60 days after taking up residence in this State, apply to the Secretary and obtain registration for the vehicle. Vehicle owners who have apportioned power units registered in Delaware under the International Registration Plan are exempt from the requirement to register their trailers in accordance with the International Registration Plan agreement. Members of the military and their families who have vehicles registered in their home state are also exempt from this requirement.

Yep, looks like I will have to get both a Delaware driver's license and register my vehicle there.

I should still be able to get a Florida out-of-state permit for use not in Delaware, but for use in other states with reciprocity, correct?

Look at section 2112a.
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Newlife503

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Re: Hello Everyone
« Reply #13 on: June 04, 2013, 03:04:17 AM »
I just don't see what makes you become a Delaware resident if you can keep a permanent address elsewhere.
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Obleo

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Re: Hello Everyone
« Reply #14 on: June 04, 2013, 05:40:13 PM »
Welcome to the forum!.  Let us know how your thoughts progress on this issue.  It may not hurt to ask a lawyer (oh no .. I think I just choked on my tongue!)
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