Need help for Military Situation

[Manxdriver]

Thank you for the info, whats crazy is that my military pay is not taxable by PA as long as I am stationed out of the state, however, I own a house in FL which I rent out, and I have to claim that money on a PA state tax return. So the state has no problem saying I am a resident when they get tax money from me, but when I want to buy a gun, all of sudden I'm not a resident anymore.

That alone proves residency in my book.

[JenniferG]

I served aboard a ship that was homeported in Norfolk VA. I absentee voted for PA, I was granted PA Income Tax exempt from PA, my Drivers License was in PA and I bought at least two different shotguns in VA at retail stores without question and took them back to PA without question. The way it ought to be. Don't care if it's illegal now it wasn't back then in the 70's. We should return to freedom from government interference in the purchase of firearms, it's none of their damn business.

[tl_3237]

I've yet to see anything that disproves that the "Home of Record" in one's military jacket has no bearing on the residency requirement of the Federal firearms laws.

As a military member, if he has not changed his home of record (if he enlisted or was commissioned in PA when he was a PA resident this would be his home of record) in his personal file and maintains a PA drivers license, he is considered a PA resident AND a resident of the state where he is stationed.

I disagree as it applies to the Federal Firearms Law (18 USC CH 44)

His state of residence does not necessarily coincide with his "home of record" unless he maintains a home there. If so then, while he is actually residing in that home he is a resident of his "home of record" state for Federal Firearms Law purposes as shown in the 27 CFR 478.11 quote.

Otherwise his state of residence is pursuant to 18 USC 921(b):

(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.

My posting from another thread:

I presume that you are relying on the SERVICEMEMBERS CIVIL RELIEF ACT OCT. 17, 1940, CH. 888, 54 STAT. 1178 as underlying law for your assertion that active military may have a different state of residence other than the one they actually reside in at any moment. The only references I can find in that act dealing with defining the state of residence are very specific and limited to narrowing defined applications.

50 USC appendix §571 "Residence for Tax Purposes" which states the following:

§571. Residence for tax purposes
(a) Residence or domicile
(1) In general
A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders.
[emphasis mine]

and:

§595. Guarantee of residency for military personnel and spouses of military personnel
(a) In general
For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence-
(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
(2) be deemed to have acquired a residence or domicile in any other State; or
(3) be deemed to have become a resident in or a resident of any other State

Certainly these sections extend the reach of a servicemember's "home" state's taxing structure on personal income and personal property to the exclusion of the taxing structure of the state in residence/state of permanent duty orders as well as preserving the voting privileges in the "home" state.

A servicemember can take overt actions to adopt a differing state as his home state and memorializing same by following a DD 2058 form:

The formula for changing your State of legal residence/domicile is simply stated as follows: physical presence in the new State with
the simultaneous intent of making it your permanent home and abandonment of the old State of legal residence/domicile.
In most cases, you must actually reside in the new State at the time you form the intent to make it your permanent home. Such intent
must be clearly indicated. Your intent to make the new State your permanent home may be indicated by certain actions such as: (1)
registering to vote; (2) purchasing residential property or an unimproved residential lot; (3) titling and registering your
automobile(s); (4) notifying the State of your previous legal residence/domicile of the change in your State of legal
residence/domicile; and (5) preparing a new last will and testament which indicates your new State of legal residence/domicile.
Finally, you must comply with the applicable tax laws of the State which is your new legal residence/domicile.

In general I find nothing in the statute that extends "home" state citizenship, as opposed that of his state in residence, other than the taxing and voting sections above. Individual states may and do extend additional privileges but that is purely a function of state laws.If you are aware of any further extensions of the Act and can provide specific citation of statute, it would help to clarify the issue one way or the other.

I find nothing in the statutes which would proclaim that the OP was not a Virginia resident in the two-years he resided there nor that he would not be a Pennsylvania resident in the three years that he resides here - he was/is truly a bona-fide resident of those states by the fact that he resided/resides therein.

Further, as posted earlier, the Federal Firearm Code of 18 USC Chapter 44 specifically divests any "home' state residency claim of the servicemember but instead attribute residency to the state of duty station. This does not preclude establishing dual residency based upon maintaining and while residing in a home in a different state, not as a servicemember but as a citizen in their own right. If "home" state citizenship was a blanket extension to all areas then there would be an obvious conflict between Title 18 in Title 50 of the US Code.

[BobbySprankle]

I served aboard a ship that was homeported in Norfolk VA. I absentee voted for PA, I was granted PA Income Tax exempt from PA, my Drivers License was in PA and I bought at least two different shotguns in VA at retail stores without question and took them back to PA without question. The way it ought to be. Don't care if it's illegal now it wasn't back then in the 70's. We should return to freedom from government interference in the purchase of firearms, it's none of their damn business.

That is legal, I believe long guns are handled a little differently, but even with hand guns i have no problem buying in florida, they even accept my PA carry permit and let me take home same day, its just that I want to do the opposite and buy in the state that I am from and pay taxes too, not the one I am stationed in.

I've yet to see anything that disproves that the "Home of Record" in one's military jacket has no bearing on the residency requirement of the Federal firearms laws.

Thanks for all the info, basically what I'm reading is that, the state, for tax purposes has it written that I am a resident, but for firearms purposes I am not a resident. Is that correct?

[tl_3237]

That is legal, I believe long guns are handled a little differently, but even with hand guns i have no problem buying in florida, they even accept my PA carry permit and let me take home same day, its just that I want to do the opposite and buy in the state that I am from and pay taxes too, not the one I am stationed in.



Thanks for all the info, basically what I'm reading is that, the state, for tax purposes has it written that I am a resident, but for firearms purposes I am not a resident. Is that correct?

Refer back to the laws in post #2.

Your active duty orders make you a de-facto resident of FL for Federal firearm law purposes. In addition, you can be a 'resident' of other states when you are present in those states while making a home therein. If you maintain a home in Pa which you occasionally occupy then you would be a "Pa resident" during those periods of occupancy - otherwise you are not a "Pa resident" for Federal firearm law purposes, regardless of your "home of record" in your military jacket or your DL. If, for example, you maintain a home in another state from which you commute to your duty station then you would qualify as a resident of that state for Federal firearm law purposes.

As any other non-prohibited person, you can purchase longarms from an FFL in any state provided the transfer occurs in full accord with both the state/local laws of the FFL's business and your "state of residency". Transfer of a handgun's possession to you after purchase must be from an FFL of your home state (FL) or any other state that you qualify for residency pursuant to the definition supplied in 27 CFR 478.11 previously posted.

[Berks_Iraq_Vet]

When I was active duty always maintained my PA home of record and PADL paid PA Income taxes and voted absentee.

[ARay]

When I renewed my Drivers License on Active Duty, I maintained my PA address and it had no picture, just the words "Valid Without Photo" on the colored background. Buying in PA was no problem.