Upcoming PCS Move

[Aresye]

So I've got my new orders to report to my squadron in VA, but had some questions regarding my FL permit.

Apparently there is no difference between a FL Resident and Non-Resident permits. Given the fact my FL address technically makes me a resident, does this mean my permit effectively becomes a non-resident permit once I move out? Or would my permit then be null and void?

My FL address is listed on my permit, so would I just have to send a change of address notice once I establish a place in VA? Is my permit null and void during the time between the move, before I have a new address?

Sorry for the late notice, as I leave in 5 days. I just want to know if I'm legal to carry with my FL CCW while I'm transitioning, and the time spent in VA before I can acquire a VA permit.

[Griffworks]

My suggestion is to thoroughly check out Handgunlaw.us. There's a lot of great information contained there and you can look up specific states, such as:

Florida

or

Virginia

Also, if you've got an iPhone or Android, check out the following two apps: Gun Conceal and Legal Heat. Both are excellent resources for being on the road.

What Service are you with? I'm - currently - AD USAF, but set to retire soon. Regardless the Branch, thank you for your Service!

[Doc Mustang]

Residency works a little differently for military members. Under ordinary circumstances your residency reverts back to your Home of Record. (the place you joined the military from). If you are under military orders to a state not your home of record you are not considered a resident of that state.

It is possible to change your legal residence. This can be done in a nuber of ways. Including but not limited to:

1. Buying real estate in a state not your home of record. It does not need to be your primary residence for tax purposes but that helps to establish residency.

2. Registering to vote in a state other than your home of record.

3. Filing a state income tax return in a state other than your home of record. (not useful in states like FL or TX which have no state income tax)

4. Filing Federal income taxes with an address listed other than your home of record.

5. Registering an automobile in a state other than your home of record.

6. Obtaining a drivers license or other state ID from a state other than your home of record.

7. Obtaining employment in a state not your home of record.

8. Residing in a state not your home of record for an extended period. (normally 3 months to a year)

9. Establishing a primary residence (rental property) and disestablishing all previous residences in other states.

Any one of those things is not sufficient to establish residency. A preponderance of the evidence is required to establish a change in residency. Those items listed above are things a court will look at when residency issues are in question.

If you are pulled over or otherwise stopped by Law Enforcement and are carrying concealed using a Florida permit. It is a good idea to back that up with a Florida Driver's License or State ID along with your military ID.

Research your local firearms laws on Handgunlaw.US or contact an attorney, your local JAG legal service office should be able to provide one free of charge.

Here are the Addresses for the Pensacola, FL NLSO office and the Office in Norfolk, VA

NLSO Central HQ
161 Turner St., Suite B
Bldg. 624, Second Deck
NAS Pensacola, FL 32508-5526
Phone Numbers:
Comm: (850) 452-3730
DSN: 922-3730
Fax: (850) 452-5578
Email:
Mary.Armstrong@navy.mil
Hours:
0730 – 1600
Monday – Friday

NLSO Mid-Atlantic HQ
Mailing Address:
9620 Maryland Ave.
Suite 100
Norfolk, VA 23511
Phone Numbers:
Quarterdeck: (757) 341-4470
Admin: (757) 341-4472
Legal Assistance: (757) 341-4489
Defense: (757) 341-4469
Tax Assistance Center: (757) 445-0525
DSN Quarterdeck: 341-4470
Fax: (757) 341-4501
Hours:
0730 – 1600
Monday – Friday

[NavyLCDR]

27 CFR 478.11:
Electronic Code of Federal Regulations:

§ 478.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms “includes” and “including” do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof.

Act. 18 U.S.C. Chapter 44.

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located.

18 USC 921:
United States Code: Title 18,921. Definitions | LII / Legal Information Institute

(a) As used in this chapter—
(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

[Aresye]

Thanks for the replies. Definitely helped clear up the little confusion I had regarding active duty residency. With that the case, that effectively means my permit is regarded as a non-resident permit, and if I get pulled over, I should display my CCW, driver's license, military ID, and perhaps even my orders if needed.

Griffworks: I'm AD USN. Just got back from deployment to the Arabian Sea last December. I've been in for almost 5 years, with 1.5 left at my squadron, which is in the middle of transitioning to its new PDS in VA. Looking forward to 4 seasons. Not looking forward to the infamous traffic I've heard about.

and no...thank you for your service! You've been in a bit longer

[Doc Mustang]

NavyLT, Thanks for posting that link to Title 27 and Title 18. It should be noted that those definitions apply only to Title 27 and title 18 Chapter 44 and not to the laws of individual states except in cases where federal law superceeds state law either through statutory language such as § 478.38 Transportation of Firearms or through established case law precident.

The definition of "state of residence" in Title 27 does allow for active duty members to purchase pistols in the state of their permanant duty station (with a stamped original or notarized copy of your PCS orders) but as the licensing of concealed carry is a state matter the definition of state of residence would be up to the states involved in the particular case.

In Aresye's case it would be his home of record state (provided residency has not been established elsewhere), Florida, the state that issued the permit to carry and Virgina, the state of his new permanant duty station. Add to this Federal firearms law and the situation can get complex. This is why a consultation with an attorney can clear this up.

The Commmonwealth of Virginia does recognize Florida's Concealed Carry License and at present does not appear to make a distinction between resident and non resident permits. Therefore provided all of the laws of the Commonwealth of Virgina are followed with respect to Carrying Concealed, you should be fine. However, their are other states which do not recognize non resident permits. Obtaining a permit to carry from your home of record (if possible) is the best option. Another option would have been to establish residency in FL (No State Income Tax!) which would make you a permanant resident of FL rendering your license valid in all of the states that currently recognize it. Incidently I would not reccomend establishing residency in Virginia as their tax structure is not as beneficial as FL.

If you continue to be concerned about it or if it appears as though Virgina may no longer recognize non resident permits you should obtain a non resident Virginia permit.

[Aresye]

I've treated my FL CCW as a non-resident even when not 100% certain, because it's more restrictive, so I've always disarmed prior to entering SC whenever traveling north.