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Possibly Moving
Posted: Sun May 06, 2007 4:19 pm
by gregthehand
Well I have been going back and forth with the uppers at my company about a possible transfer after my college graduation here in a few days. After many emails and phone calls, it looks like it's going to be a go, and the place in question looks like Harvey, LA. They have told me that I will be there 6-8 months and then who knows where to after that. Here are some questions. If I keep my primary address at my parents house (it already is since I'm a college student, and move often) do I have to change my state of residence, and therefore surrender my TX DL, and CHL, in exchange for a LA DL and CHL? If I do have to change state residency do I have to take the LA course, and apply then wait, or does it just switch over? Does anyone know of any special provisions I should know about in the state as far as where I can carry? By the way everyone I'm traveling there this next week to look at the store and make sure I like the move. Does a ghostbuster's keep me from carrying there or not? What are the rules for long weapons there? Any help would be appreciated here guys, I'm in the dark on how to even change my state of residence let-alone anything else.
Posted: Sun May 06, 2007 5:47 pm
by Crossfire
I don't know the answers to all your questions, but I have a few. For answers to questions about the LA laws, you might start here:
http://www.lsp.org/handguns.html#faqs . LA won't let you apply for a CHL until you have lived there for at least 6 months, so it doesn't look to me like you should even bother.
As far as your Texas CHL goes, you should be legal to carry in LA with it. If you give up your Texas DL, just change your address on your CHL and it will become a non-resident license, but still be valid.
My personal suggestion, and I am definitely NOT a lawyer... if you can receive mail at your parents' home, and you have maintained it as your permanent address while you have been in school, then I would just leave it at that.
Posted: Sun May 06, 2007 6:14 pm
by gregthehand
I've talked to a few folks on the phone about this one and the opinion I'm getting the most is just to not even worry about changing my state of residence. I guess if it comes up I will just say that I only commute to LA on Sunday night and drive back at noon on Friday. All my bills and yada yada go back to TX and that is my permanent address. I think it will be just fine if I do this.
Posted: Sun May 06, 2007 7:46 pm
by seamusTX
gregthehand wrote:I guess if it comes up I will just say that I only commute to LA on Sunday night and drive back at noon on Friday.
People often live out of state on extended assignment and do not change their residence address. Mr. George H.W. Bush did it for many years. I've never done it, so I don't know the legal aspects.
Anyway, making a false statement to law enforcement is a Real Bad Idea. It doesn't matter whether you're under arrest or under oath. You can be prosecuted for it.
- Jim
Re: Possibly Moving
Posted: Sun May 06, 2007 9:05 pm
by txinvestigator
gregthehand wrote:Well I have been going back and forth with the uppers at my company about a possible transfer after my college graduation here in a few days. After many emails and phone calls, it looks like it's going to be a go, and the place in question looks like Harvey, LA. They have told me that I will be there 6-8 months and then who knows where to after that. Here are some questions. If I keep my primary address at my parents house (it already is since I'm a college student, and move often) do I have to change my state of residence, and therefore surrender my TX DL, and CHL, in exchange for a LA DL and CHL? If I do have to change state residency do I have to take the LA course, and apply then wait, or does it just switch over? Does anyone know of any special provisions I should know about in the state as far as where I can carry? By the way everyone I'm traveling there this next week to look at the store and make sure I like the move. Does a ghostbuster's keep me from carrying there or not? What are the rules for long weapons there? Any help would be appreciated here guys, I'm in the dark on how to even change my state of residence let-alone anything else.
As far as your CHL ia concerned, your state of residency does not matter. A non-resident can have a Texas CHL. Just do an address change.
Posted: Sun May 06, 2007 10:27 pm
by srothstein
Just to help confuse you on this issue, I thought I would explain how residency works. In most states, including Texas, you are required to get a local DL and car registration within 30 days of your becoming a resident. There are clear exceptions written into the law for temporary residencies that are common, such as college students and military servicemen.
The problem is defining what is a resident. I know of no set law on this and several different things in case law. According to the feds (as I understand it and I could be wrong) your residence is the state you think of as home and plan to return to. You keep your driving records, voter registration, etc. there. Under this concept, you can stay a Texas resident while you are temporarily working in LA. Having a permanent address with your parents certainly helps in this case.
But, under some laws, you establish residency the minute you move in and plan on staying there. This is what happens when you rent property and who can legally kick you out of an apartment. Technically, the minute you move in, they would need an eviction order to get you back out. Under this concept, you are a LA resident and need to change your DL, even if planning on moving in 6 months.
In real life however, most people in similar situations leave their DL's, voter registrations, car registrations, etc., at their permanent home address and claim TX residency. No one really cares until they run afoul of the law and have to explain exactly what is going on.
The only thing I would advise you to look at before you make a decision is the tax laws. LA has an income tax (I think), and that may define whether or not you are a resident. It will have great implication there and most states take the tax laws much more seriously than the driver's license or CHL laws.
Posted: Mon May 07, 2007 8:39 am
by packina45
llwatson wrote:I don't know the answers to all your questions, but I have a few. For answers to questions about the LA laws, you might start here:
http://www.lsp.org/handguns.html#faqs . LA won't let you apply for a CHL until you have lived there for at least 6 months, so it doesn't look to me like you should even bother.
As far as your Texas CHL goes, you should be legal to carry in LA with it. If you give up your Texas DL, just change your address on your CHL and it will become a non-resident license, but still be valid.
My personal suggestion, and I am definitely NOT a lawyer... if you can receive mail at your parents' home, and you have maintained it as your permanent address while you have been in school, then I would just leave it at that.
The last thing you want to do is become a "Louisiana resident". Keep your address in Texas, pay your Louisiana income tax, and get back out of Louisiana as quick as you can! NOTE: you have to pay Louisiana income tax on income earned in Louisiana regardless of your official "state of residence".