Residency

[stroo]

My daughter has decided to get a CHL but has an issue. She is married to a Marine based in North Carolina. I believe military personnel and their dependants can maintain residency in the state they came from. She believes both her Texas driver's license and they vote in Texas.

So is that sufficient to establish residency for Texas CHL purposes?

Or will she need to get a North Carolina CHL?

[apostate]

Fundamentally, it doesn't matter, because Texas issues non-resident licenses. Either way, she must take the class in Texas for a Texas CHL.

[stroo]

Taking the class here is not the issue. She will be here for a month in March. She wants to be able to carry in North Carolina as well. I don't think North Carolina recognizes our nonresident license although it isn't real clear from the sites I have looked at. Therefore it seems better to get a resident's license. The other alternative is to get a North Carolina license but then there is the question of whether that changes her residency to North Carolina, which she doesn't want to do.

[JustMe]

I think for military purposes-whatever DL you have is your state of residence. I know when I was in(long time ago!) I had an OK license and even though I wasn't anywhere near Oklahoma, I was an Oklahoma resident and had to pay Oklahoma state income tax etc. When I had the chance, I changed to a Fl DL (no state income tax) and no longer had to pay the Oklahoma taxes. When hubby & I got married, got a Texas license and have had one since. Wouldn't it work basically the same as a college student in anothr state--but their place of "residence" is legally Texas

[tomc]

According to Handgunlaw.us, North Carolina recognizes all state issued licences. Since she maintains her Tx license and residency, she should be good to go.

[Kythas]

Her legal residence is where she and her husband intend to reside after the end of his military service. Typically, the legal residence is the same as home of record, which is where they lived immediately prior to entering military service. The two are not the same, though.

Home of record cannot be changed unless there is a break in military service of at least 24 hours.

Legal residence can be changed by filling out DD Form 2058.

The two are the same upon entering military service and remain the same unless this form is filled out. People do this when they're stationed in a state and decide they like it so much there they want to live there after their service is complete.

Long story short, her legal residence is still Texas and will remain so unless her husband fills out DD Form 2058.

[cbunt1]

Maintaining a Texas Driver License is sufficient to establish residency for CHL purposes, as I understand the law. She should be good to go.

[stroo]

I saw the statement from handgunlaw.us. However the North Carolina AG has stated the law as follows: North Carolina also allows "out-of-state" concealed handgun permittees to carry concealed handguns, pursuant to such permits, in North Carolina.

Note the use of the phrase "out-of-state" rather than non residents. The North Carolina statute is broader than this but it looks like the NC AG interprets it that if you live in NC, your permit from another state doesn't count.

I probably need to find a North Carolina concealed carry forum to get help on this issue.

[Keith B]

I saw the statement from handgunlaw.us. However the North Carolina AG has stated the law as follows: North Carolina also allows "out-of-state" concealed handgun permittees to carry concealed handguns, pursuant to such permits, in North Carolina.

Note the use of the phrase "out-of-state" rather than non residents. The North Carolina statute is broader than this but it looks like the NC AG interprets it that if you live in NC, your permit from another state doesn't count.

I probably need to find a North Carolina concealed carry forum to get help on this issue.

In the military if she shows her legal residence as Texas, then she is a Texas resident. The fact that they are TDY and he is stationed NC does not make them a NC resident. If the CHL and the Texas DL match addresses, then she will be fine. If she changes the DL, then she will be required to follow suit with the CHL.

[bayouhazard]

Good point about making sure the address on the CHL matches the DL.

[stroo]

Thanks for all the responses.