got pulled over today - Page 2
Page 2 of 2 FirstFirst 12
Results 11 to 14 of 14

Thread: got pulled over today

  1. Quote Originally Posted by Doc Mustang View Post
    I usually do the same sir(congratulations by the way), but not to validate an out of state driver's license. Drivers licenses are required to be recognized across state lines by federal law.
    Thank you Doc, for the congratulations.

    Respectfully, you are mistaken about out-of-state driver's license required to be recognized accross state lines once a military member is ordered to a state.

    The Soldiers and Sailors Civil Relief Act (SSCRA)

    Motor vehicle operator permits. The SSCRA does not preclude states from requiring persons who live within their borders to acquire a driver's license. Many states, however, allow service members to retain their license if issued from their domicile.
    In Washington state, for example, the difinition of resident for Driver's Licensing is:

    RCW 46.20.021
    New residents.

    (1) New Washington residents must obtain a valid Washington driver's license within thirty days from the date they become residents.

    (3) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

    (a) Becoming a registered voter in this state; or
    (b) Receiving benefits under one of the Washington public assistance programs; or
    (c) Declaring residency for the purpose of obtaining a state license or tuition fees at resident rates.
    There is no exception for military members. When I execute orders to Washington state, and move my household goods to Washington state, I am manifesting an intent to live or be located in this state on more than a temporary or transient basis. My orders specifically state "Permanent Change of Station."

    So, according to RCW 46.20.021, I would be required to obtain a Washington state driver's license within 30 days of moving here. There is no Federal law that says otherwise. Driver's licenses must only be recognized across state lines by the US Constitution for non-resident travellers.

    The exemption to the RCW requiring me to obtain a Washington state driver's license is in Washington Administrative Code:

    WAC 308-104-008
    Persons exempt from driver's license requirement.

    In addition to persons exempt from driver license requirement pursuant to RCW 46.20.025, the following persons are exempt from the requirement to obtain a valid driver's license issued to Washington residents under chapter 46.20 RCW:

    (2) Military personnel who are at least sixteen years of age who have in their immediate possession a valid driver's license issued by the jurisdiction designated as their home of record. A spouse or dependent of a person who meets the criteria of this subsection is also exempt from the driver's license requirement, provided that the spouse or dependent has in his or her immediate possession a valid driver's license issued by the jurisdiction designated as his or her home of record.
    Since, I have lived in Washington state for more than 30 days as a resident defined by RCW, my military ID card IS required to cause my Wyoming driver's license to be valid in Washington state.

    On a side note, I possess a Wyoming driver's license which has my Washington address on it. I also posses a Washington state ID card which makes the process of buying handguns from some Washington FFLs easier. I simply show my Washington state ID card as proof of residency, rather than military ID card and orders.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  2.   
  3. NavyLCDR,
    I see, I misunderstood your context. You were referring to changes in residency, as opposed to traveling through a state. It is my understanding that military members on active duty, stationed in a state not their home of record are rarely considered "residents" for legal purposes. I have always understood that active duty members would have to do something to "declare" residency, PCS orders in and of themselves are usually not sufficient.
    "Get this through your head! We're not fighting to have everybody think the way we do, we're fighting so that people can think whatever they want! Even if they don't agree with us!"--Stalker, GI JOE #39

  4. Quote Originally Posted by Doc Mustang View Post
    NavyLCDR,
    I see, I misunderstood your context. You were referring to changes in residency, as opposed to traveling through a state. It is my understanding that military members on active duty, stationed in a state not their home of record are rarely considered "residents" for legal purposes. I have always understood that active duty members would have to do something to "declare" residency, PCS orders in and of themselves are usually not sufficient.
    Normally residency in a state is legally accomplished in accordance with that particular state's laws by having either a domicile in that state or a permanent job in that state for a certain length of time regardless of if that domicile or job is created by military orders. Residency in a state and military home of record are two completely different and largely unrelated situations.

    Federal law prohibits states from collecting certain taxes from military members because their residency in that state is due only to military orders.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  5. #14
    Without going into the philosophical "right or wrong" of it, in NC, if you are stoped by the Police, it is your DUTY to inform the nice LEO that you are armed. (Someone pointed out to me a while back on this forum that one's DL and CCP have the same number. THAT tells me that they might be flagged/paired at the DMV data base.... thus NOT informing the nice LEO would be a violation of the Law.... and the LEO might know, after he "calls it in".)

    My only incident while carrying was being pulled over by a motor cycle cop for a seat belt violation hassel. He kind of went into a semi panic reaction when I informed him of my weapon and he called for a back up. He called it in as a "gun situation". I told him not to make it sound like that, his back up would be coming in loaded for bear. He called in that it was a routine check. Better.

    Long story short, he called in my lisence and permit, unloaded my Beretta Tomcat and put it back in the counsol while I was BS'ing with the "back up" and chatting about carry guns and BUGs. Went on my way, with an unexpected 160 bill to pay. (Ain't it interesting how the fine is only 35 and the court costs are 125? Worse, the only court time I wasted was the time it took some clerk to file my paperwork and deposit my Money Order.) (Nothing more than County fund raising if you ask me.)

    All this and but a mile and a half from home.

    GG
    Fanatics of any sort are dangerous! -GG-
    Which part of "... shall NOT be infringed..." confuses you?
    Well now, aren't WE a pair, Raggedy Man? (Thunderdome)

Page 2 of 2 FirstFirst 12

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast