Delaware Concealed Carry Forum
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Author Topic: Residency qualification?  (Read 270 times)
ssgt_acft_mech
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« on: January 29, 2010, 10:04:22 PM »

Hello all, new guy here!. I'm not new to CCW (been CCW in SD since '04) but I'm going to be relocating to Delaware due to Uncle Sam assigning me there. I'm try to figure out how I fall into the residency picture in DE as in reguards to CCW permits. In S. Dakota, I'm considered a resident even if I have a DL from another state. But as everyone knows, every state has to be special when it comes to any 2A issue. I have emailed the DE AG's office to ask them the same question, and low and behold, they didnt reply just like a typical gov office.
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Moosie
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« Reply #1 on: January 30, 2010, 12:08:45 PM »

SSgt,

You've got to be a permanent resident of DE.  As far as I know, if you're stationed in DE then you're considered a permanent resident.  If you have a Delaware drivers license and can demonstrate to the AG's office as well as the courts that you're a permanent resident and not intending to just "pass through", then I dont see where it would hang you up. 

As for the AG's office getting back to you, they might, but it will be a while.

Hope this answered your question. 

Moosie
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ssgt_acft_mech
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« Reply #2 on: January 30, 2010, 02:54:48 PM »

Thanks for the info moosie! I did ask the Q on another site awhile back and was told from "I don't know" to just straight out "no". I'll still be waiting on an answer from the AG's office though. I'm putting in for my FL permit soon since it is my home of record state so I'm thinking I'll go that route too if not both FL & DE
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Moosie
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« Reply #3 on: January 31, 2010, 05:59:12 AM »

SSgt,

Be careful using an out of state FL permit to CYA while LIVING in DE!  IMO, the reciprocity of various licenses was not meant to be treated as a loop hole while your stationed here, but more for those "traveling through". 

That being said, I dont know that there is anything hard and fast written anywhere that would prevent you from using your FL permit while you're stationed here. 

Just something to chew on. 

Moosie
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Sigarms12
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« Reply #4 on: January 31, 2010, 05:43:29 PM »

ssgt_acft mech, I cant say I know how the Military handles residence, if anyone would it would be Moosie. But if you are going to apply for a DE drivers Lic then by all means apply for a DE CCW permit. since you will be residing in DE I dont see where there would be an issue.
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GunEnvy
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« Reply #5 on: January 31, 2010, 07:20:49 PM »

I can't answer to the CCDW question but I do know that you are legally allowed to purchase a handgun in the state that you are stationed in. My guess would be yes for the permit also, but again just a guess.
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Moosie
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« Reply #6 on: February 01, 2010, 10:30:56 AM »

Sig, you're home state is wherever you claim it to be as far as Uncle Sam is concerned.  My thought is though, if he claims residency in DE, he should be able to prove it via a DL.  Scenario: he gets pulled over while carrying concealed... hands them a DE permit and a X state DL.  Even if we have reciprocity with that state, his DE permit would probably not hold water (at least not without a huge court hassle). 

To me, better to  be safe than sorry.  If you're wanting a DE permit, become a resident via getting a DE DL and registering your car here, etc.  Yes, it's crap. But, a lot less crap than having things go south with a DE permit that turns out to be invalid.. especially if your CO finds out.  Smiley 

Moosie
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Sigarms12
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« Reply #7 on: February 01, 2010, 02:55:07 PM »

See ssgt_acft mech I told you Moosie would know more then me on that topic. LMAO  Grin
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Moosie
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« Reply #8 on: February 01, 2010, 06:50:07 PM »

LOL,

I dealt with all this crap for a short 6 years.  Some stuff sticks with you.  Smiley 

Moosie
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Póg Mo Thóin
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« Reply #9 on: February 02, 2010, 08:37:19 AM »

military your covered by the state of legal residence. for example your a sd resident your tags and registration for your car is sd im assuming you dont need to change tags for it since your a legal resident of sd. as far as a fl permit the permit is the same for resident and non resident the only diff is the address line if you have a florida address you will be fine just dont get a de drivers license. i cinverted my fl resident to non resident just because i moved back home but its the same and it holds just as much water as the resident one. also if hassled with out of state lic and such miliary id will help to  prove status but dont throw it in the officers face
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Moosie
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« Reply #10 on: February 02, 2010, 09:08:21 AM »

I'm not sure how DE feels about military who doesnt appear to have any permanent ties to the state having a concealed carry permit.  DE doesn't issue any non-resident licenses. 

SSgt, you may also want to call the Prothon's office and see what they have to say.  I'm sure you're not the only one who's applied with this circumstance.  The AG's office is your best bet, but good luck getting a timely answer from them. 

Moosie
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ssgt_acft_mech
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« Reply #11 on: February 02, 2010, 06:38:03 PM »

Thanks for all the good info..I definately will take all of it into consideration
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boarder2280
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« Reply #12 on: February 09, 2010, 09:44:18 AM »

SSgt_acft_mech,

I am brand new to the site here, but have been in a similar situation.  I am active duty out at the base and also e-mailed the AG to find out about residency requirements.  I received an e-mail from the Dept of Justice explaining that they use the state where you file your tax return as the basis for determing residency.  If anyone here would like a copy of that e-mail, I'd be happy to forward it.

Cheers and good luck!

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Moosie
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« Reply #13 on: February 09, 2010, 05:05:32 PM »

Boarder,

Thank you very much for clarifiying this!!  Ok, off topic here, in your opinion, what's the best way to let airmen (and women) know that I've got two houses available for rent in Smyrna?  I wasn't sure if your housing officer actually gets the list to those in search of off base housing.

Thanks for any info you might have. 

Moosie
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boarder2280
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« Reply #14 on: February 10, 2010, 12:15:20 AM »

Hi Moosie.

I'd use AHRN.com.  It is the Automated Housing Referral Network... basically it is a website that the Air Force is using to replace housing folks.  The housing offices on base no longer keep lists like they used to.  I had a house in MS that I rented using the system and it worked pretty well.   You can register as a landlord and people that log in can use a built in message system to let you know that you are interested.  The base paper also has ads if you are interested... but I don't know many on the base that read it.  I think the dover post actually handles the advertising for it. 

Hope this helps!

Boarder
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