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-   -   Need Some Legal Advice On Changing State Of Residence (http://www.firearmstalk.com/forums/f97/need-some-legal-advice-changing-state-residence-82188/)

ryevick 01-23-2013 01:41 AM

Need Some Legal Advice On Changing State Of Residence
 
I am an OTR truck driver. My state of residence is Ga where I also have a conceal carry permit and have paperwork in process for a suppressor. I stay on the road and live in my truck and have a storage unit that I will keep in Ga but will be changing my state of residence to Montana. Is this going to cause problems for me? Like I said the storage unit will be in Ga and my guns will be in storage or at a friend or relatives and will not be crossing state lines. Montana has no state tax and the company I work for is based out of MT and it will save me money to do this. Thanks.

John_Deer 01-23-2013 01:57 AM

I trained horses for a lot of years. You are probably aware that a racing meet only lasts a few months. Most of the time I had to hire more help each time I moved. You can have a residence in MT and maintain your status as a GA resident for quite a while. In fact, I am not sure you have to move your residence to MT to claim you have moved your business to MT. I had to pay payroll taxes in several states every year. But my business was located in LA. I only had to pay out of state payroll tax on the employees that were a resident of the state where we were racing. I paid LA tax on my full time employees no matter where we raced.

ryevick 01-23-2013 02:08 AM

Quote:

Originally Posted by John_Deer (Post 1106206)
I trained horses for a lot of years. You are probably aware that a racing meet only lasts a few months. Most of the time I had to hire more help each time I moved. You can have a residence in MT and maintain your status as a GA resident for quite a while. In fact, I am not sure you have to move your residence to MT to claim you have moved your business to MT. I had to pay payroll taxes in several states every year. But my business was located in LA. I only had to pay out of state payroll tax on the employees that were a resident of the state where we were racing. I paid LA tax on my full time employees no matter where we raced.

Well, I'm a company driver and I travel all of the lower 48 states. I'm only required to pay taxes from the state I live in. If I live on the road I may as well change my residence to my company terminal where they have rooms for us in MT and pay no state tax. I haven't officially done it yet but I assume I will have to get a CDL driver's license that shows MT... I just don't want to cause any problems with my carry permit or silencer paperwork.

Axxe55 01-23-2013 02:19 AM

Quote:

Originally Posted by ryevick (Post 1106230)
Well, I'm a company driver and I travel all of the lower 48 states. I'm only required to pay taxes from the state I live in. If I live on the road I may as well change my residence to my company terminal where they have rooms for us in MT and pay no state tax. I haven't officially done it yet but I assume I will have to get a CDL driver's license that shows MT... I just don't want to cause any problems with my carry permit or silencer paperwork.

this might be a very good question for an attorney to answer for you. an attorney could walk you through the proper steps on this and keep you legal. another thing is the reciprocity laws. does one state that you want to move to honor the other state you officially reside in? this is purely a guess, but from the ATF standpoint on the suppressor, i am going to guess they really don't care what state you reside in as long as it's legal for you to own it in that state. the CC permit is another issue as that's at the state level and not federal.

ryevick 01-23-2013 02:37 AM

Quote:

Originally Posted by axxe55 (Post 1106252)
this might be a very good question for an attorney to answer for you. an attorney could walk you through the proper steps on this and keep you legal. another thing is the reciprocity laws. does one state that you want to move to honor the other state you officially reside in? this is purely a guess, but from the ATF standpoint on the suppressor, i am going to guess they really don't care what state you reside in as long as it's legal for you to own it in that state. the CC permit is another issue as that's at the state level and not federal.


yeah, may have to talk to an attorney... even though i have a conceal carry permit i don't use it because it is unclear whether truck drivers can legally carry a gun in their truck so i don't (which is bs)... that's a whole nother HUGE can of worms that people can't seem to come to a decision on including law officials but my weapons and silencer will remain in ga.

c3shooter 01-23-2013 03:30 AM

1, See a lawyer about establishing legal residence.
2. Talk to the ATF about the suppressor. You most notify them when taking an NFA item to another state.
3. Nothing in the Federal Motor carrier Safety Regs prohibits having a firearm in a commercial vehicle. You may go some places it is illegal to take one (ports that are secured by MARSEC, etc)

locutus 01-23-2013 03:40 AM

A recent court case had interesting results. Factors to consider in establishing legal residency.

The court ruled that if you pay income tax to the state.(If applicable), if you are on the roll of a church in that state, make donations to charities, belong to local civic organizations, purchase a resident hunting/fishing license in that state and no other, own residential property and pay property tax, rent a dwelling place and a few others I can't remember, these are all factors that establish residency..

And of course ya don't need all of them.

Vikingdad 01-23-2013 04:01 AM

You might try getting onto a full-time RVers forum and asking there. I know a couple of full-timers who list their state of residence (IIRC South Dakota is one of the states that is commonly used for this purpose, but I think Montana is another one) but the very rarely ever go there and own no property there as they are constantly moving. I know of one guy who set it all up with a PO box and everything yet he had never once set foot in SD! They just have their mail forwarded to them wherever they are.

As othere said, as far as the supressor and CCW are concerned you need to check with an attorney and/or BATF and state laws.

When I was RVing I would carry in the "coach" (behind the driver's seat) as that was considered to be my domicile. It is a grey area for sure. I imagine that your sleeper would be considered the same. You can have a gun in your domicile.

ryevick 01-23-2013 04:13 AM

Quote:

Originally Posted by c3shooter (Post 1106397)
1, See a lawyer about establishing legal residence.
2. Talk to the ATF about the suppressor. You most notify them when taking an NFA item to another state.
3. Nothing in the Federal Motor carrier Safety Regs prohibits having a firearm in a commercial vehicle. You may go some places it is illegal to take one (ports that are secured by MARSEC, etc)

IF I did take a firearm in my truck I wouldn't even think about taking the suppressor... there are so many things to consider not to mention different view points... DOT in wyoming told me I can't (could have just been that guys view though)... I've read the firearm has to be unloaded and locked up (bs imo)... not to mention my company has a policy of no firearms but can they really over-ride my 2nd amendment??? would the feds consider their policy... state laws change depending on where you are... it's very confusing and total bs in my opinion... i should be able to carry in my truck as an extension of my home anywhere in the USA....

nitestalker 01-23-2013 05:23 AM

You can not bring a Class 3 weapon into any state in which they are not legal. The suppressor is considered a class 3 weapon. If you have to transport the suppressor every state you cross, it must be legal.:)


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