Mr H
Banana'd
"establishing residency" is the key here
Is "being stationed" the same as "residency?"
oops... SS beat me to it
Is "being stationed" the same as "residency?"
oops... SS beat me to it
Yeah it does matter. It's the law, not some whim of MSP, who is known to reverse themselves on firearms issues. Facts matter.
Statutes cannot be changed on a whim. Unless you're Obama.
MSP is the agency that said HQL's weren't needed to pickup a pre purchased Oct 1 firearm while the AG said you did.
Does it matter? Yes it does.
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.
Q: What constitutes residency in a State?
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.
Q: 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?
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.
The bigger question is weather or not a military duty assignment is considered " intention to become a resident". If she is returning home after an assignment in Texas that would be a different animal.
"Legal Residency," or "domicile", on the other hand refers to the place where a military member intends to return to and live after discharge or retirement, and which they consider their "permanent home." Legal residency determines what local (state) tax laws a military member is subject to, and in which local (city, county, state) elections they may vote in.
Because military members may have "legal residence" in one state, but be stationed in a different state, the Servicemembers Civil Relief Act, allows military members to pay taxes, register vehicles, vote, etc., in their "state of legal residence," rather than the state they are stationed in. This can sometimes result in a tax advantage because several states exempt military pay from state taxes.
Depending on their service, and local polcies, an active duty military member can change their "legal residence" by visiting their local base legal office and/or base finance office and completing a DD Form 2058, State of Legal Residence Certificate.
has SB281 changed any of this? I have a friend moving into MD from VA. He shouldn't have to do anything with his handgun correct?