Military in other states?

[Danielc740]

I'm currently waiting to recieve my CHL but I'm curious because although ill have a Texas License, I'm stationed in Kentucky. does it matter if I have a texas License? I was told that if you're in Kentucky for more than 140 days then my Texas License becomes null and void in Kentucky is there any truth to that? If so what can I do? such as have a CHL in 2 states?

[Keith B]

I'm currently waiting to recieve my CHL but I'm curious because although ill have a Texas License, I'm stationed in Kentucky. does it matter if I have a texas License? I was told that if you're in Kentucky for more than 140 days then my Texas License becomes null and void in Kentucky is there any truth to that? If so what can I do? such as have a CHL in 2 states?

Welcome to the forum.

Unless there is a reason to change your legal residence to a Kentucky address, then keep your military home of record as yoru address in Texas and your DL and CHL will still be valid.

[ScottDLS]

I'm currently waiting to recieve my CHL but I'm curious because although ill have a Texas License, I'm stationed in Kentucky. does it matter if I have a texas License? I was told that if you're in Kentucky for more than 140 days then my Texas License becomes null and void in Kentucky is there any truth to that? If so what can I do? such as have a CHL in 2 states?

By federal law Military personnel are generally considered residents of their home state regardless of contravening (other) state law or how long they are stationed in another state. For example Kentucky cannot tax your military pay or force you to become a resident based on the length of time you spend there. I would expect that this would apply to your ability to carry under your Texas CHL, but this is just my interpretation.

[MeMelYup]

I would check to see if you would have more priveledges with a (whatever state you are stationed in) firearm license than an out of state. For instance, Texas, an out of state license is not exempt from the 1000 ft school requirement. A local state carry license might be considered as a curtisy thing while in the military.

[nightmare]

I was told that if you're in Kentucky for more than 140 days then my Texas License becomes null and void in Kentucky is there any truth to that?

It looks like it's 120 days. http://www.lrc.ky.gov/Statutes/statute.aspx?id=43452" onclick="window.open(this.href);return false;

The out-of-state concealed carry license shall become invalid in Kentucky upon the earlier of:
1. The out-of-state person having resided in Kentucky for more than one hundred twenty (120) days; or
2. The person being issued a Kentucky concealed deadly weapon license pursuant to this section.

IANAL and don't know if Kentucky considers military as residents for the purpose of this law.

[baldeagle]

Rather than trust internet lawyers, it's always best to check the actual statutes.

103 KAR 17:010. Residence.

RELATES TO: KRS 141.020
STATUTORY AUTHORITY: KRS Chapter 13A
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation provides guidelines for determining whether a person qualifies as a resident or nonresident for Kentucky income tax purposes and provides special instruction to cover some of the more common problem areas.

Section 1. Resident. "Resident" means any individual domiciled within Kentucky on the last day of the taxable year and includes any individual who spends more than 183 days in Kentucky and maintains a place of abode in Kentucky during this period. All other individuals are nonresidents.

Section 2. Nonresident Requirements. To qualify as a nonresident, the taxpayer shall submit proof of his bona fide intention to reside permanently elsewhere before the last day of the taxable year, and that he has spent less than 183 days in Kentucky. If any person who has moved out of Kentucky returns to Kentucky within six (6) months from the time he had moved, it shall be construed that the removal from Kentucky was not intended to be permanent and such person shall be considered a resident during the time in which his abode may have been elsewhere. Any person changing his domicile during a taxable year may also be required to furnish evidence of compliance with requirements of the other state with respect to taxation and qualifications as a resident citizen. Persons residing in Kentucky and living part of the year in other states will be considered residents of Kentucky unless it can be shown that abode in another state is of permanent nature, and that less than 183 days were spent in Kentucky.

Section 3. Domicile. Generally, a domicile is the place where an individual has established permanent resident. A domicile once obtained continues until a new one is acquired. Domicile is not changed by removal for a definite period or for incidental purposes. To constitute a change, there must be intent to change, actual removal, and a new abode.

Section 4. Nonresident Citizens. An individual residing in a foreign country who is permitted to file federal income tax returns as a nonresident citizen, and who immediately prior to residing in a foreign country was domiciled in Kentucky, is presumed to be a Kentucky resident and is required to file a resident Kentucky income tax return. Such individual may, however, overcome this presumption by presenting sufficient evidence that the Kentucky domicile has been abandoned.

Section 5. Federal Employees. Federal employees working outside of Kentucky but having a domicile in Kentucky are taxable as residents. Such persons, once domiciled in Kentucky, are considered Kentucky residents if a domicile has not been established elsewhere. If the individual's domicile is claimed to be outside Kentucky, the requirements of Section 3 of this administrative regulation must be met.

Section 6. Military Personnel. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 as amended, a member of the Armed Forces retains the domicile which he had when he entered military service. Persons domiciled in Kentucky at the time of induction will continue to be liable for the payment of Kentucky income taxes on all income regardless of where their military services are performed. However, military personnel (usually career personnel) may change their domicile from Kentucky to another state as any other individual. Conclusive evidence must be submitted showing that their Kentucky domicile has been abandoned and a new domicile established in another state.

Section 7. Reciprocity States. (1) Kentucky has reciprocal tax agreements with the states of Indiana, Illinois, Michigan, Ohio, Virginia, West Virginia, and Wisconsin. These agreements provide that salaries and wages earned in Kentucky by residents of those states are exempt from Kentucky income tax. Kentucky residents are exempt from income tax, imposed by such states, on salaries and wages earned there. The Virginia Agreement, however, applies only to taxpayers who commute daily to their employment in the nonresident state.
(2) A Kentucky resident, working in one (1) of the states listed above, must file the required certificate of nonresidence with his employer. That certificate is the employer's authority to exempt the employee's income from withholding. A resident of a state listed above must file Revenue Form 41A809, Certificate of Nonresidence, with his Kentucky employer to exempt his income from Kentucky withholding. (II-1-1; 1 Ky.R. 328; eff. 2-5-75; Am. 10 Ky.R. 43; eff. 8-3-83.)

So you would retain Texas residency while serving unless you chose to do otherwise. So long as you are a Texas resident, your CHL is valid in every state that has reciprocity with Texas. Kentucky is one such state. You must, however, obey Kentucky's CHL laws while in Kentucky, just as you must obey every reciprocal state's CHL laws when in that state.

[nightmare]

This administrative regulation provides guidelines for determining whether a person qualifies as a resident or nonresident for Kentucky income tax purposes

Different rules apply when it comes to in-state tuition.

A member of the armed forces of the United States, or the spouse or dependent child of the member of the armed forces, stationed in Kentucky on active duty military orders shall be considered a Kentucky resident.

Maybe a third set of rules apply to concealed carry licenses. IANAL so a Kentucky gun forum might have a better answer than I can offer.

[baldeagle]

The critical issue is domicile. Kentucky defines domicile thus: " (6) "Domicile" means a person's true, fixed, and permanent home and is the place where the person intends to remain indefinitely, and to which the person expects to return if absent without intending to establish a new domicile elsewhere."

KRS 237.110(20) states in pertinent part that:

"(a) A person who is not a resident of Kentucky and who has a valid license issued by another state of the United States to carry a concealed deadly weapon in that state may, subject to provisions of Kentucky law, carry a concealed deadly weapon in Kentucky, and his or her license shall be considered as valid in Kentucky.

Since the military person's domicile remains their state of residence upon entering the service, they will remain domiciled in that state unless they choose otherwise. Kentucky law, in that case, considers their CHL to be valid in Kentucky. But again, one must follow the Kentucky laws for carrying in their state, even though one is not domiciled in Kentucky.

[b322da]

The critical issue is domicile....

So correct, baldeagle. Sometimes the language we use in either asking or answering a question can change their meaning without our really knowing or intending it.

"Domicile" is not the same as "residence," nor is "domiciliary" the same as "resident." Those in the military may be familiar with a third -- "permanent residence" -- which unintentionally further confuses the issue, since a military member's "permanent residence," or "legal residence," is not his "residence" at all, it is his "domicile."

Legislators and bureaucrats, both federal and state, are sometimes guilty of confusing these two words, which is not particularly helpful to those trying to figure out what the rules are.

Jim

[simianangel]

Be careful. If you buy a handgun in Kentucky you're either a Kentucky Resident or a Federal Felon.

[C-dub]

Be careful. If you buy a handgun in Kentucky you're either a Kentucky Resident or a Federal Felon.

That could be an interesting twist. As a non-resident, but stationed in another state, I wonder how one goes about purchasing a handgun where they are stationed.

[ScottDLS]

Be careful. If you buy a handgun in Kentucky you're either a Kentucky Resident or a Federal Felon.

For purposes of purchasing a firearm military personnel are considered "residents" of the state in which their permanent duty station is located. This has been so since GCA of 1968...yet for Texas CHL and Kentucky CWP purposes OP could still be a resident of Texas. Interplay between Federal and State laws is often different where military personnel are involved.

I bought a handgun in VA in 1987 while permanently stationed there though I was a legal resident of NC. I had to produce my military ID, permanent orders stationing me in Virginia, and fill out the 4473 "Yellow Form" for the FFL. They were quite familiar with this process as tons of military personnel stationed in the Norfolk, VA area.

[MeMelYup]

Be careful. If you buy a handgun in Kentucky you're either a Kentucky Resident or a Federal Felon.

That could be an interesting twist. As a non-resident, but stationed in another state, I wonder how one goes about purchasing a handgun where they are stationed.

They need to see a copy of your assignment orders, then it's proceed as resident.

[C-dub]

Be careful. If you buy a handgun in Kentucky you're either a Kentucky Resident or a Federal Felon.

That could be an interesting twist. As a non-resident, but stationed in another state, I wonder how one goes about purchasing a handgun where they are stationed.

They need to see a copy of your assignment orders, then it's proceed as resident.

Cool.

[simianangel]

Good to know.