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Thread: Non-Resident/Resident?
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April 7th, 2016, 07:18 PM #1
Non-Resident/Resident?
Why is a PA drivers license or PA non-driver ID required by some sheriff's before they issue a LTCF? Why won't they accept a deed with a HOUSE on the property in ones name, utility bill or your even your first born. Well I kinda get why they wouldn't want my first born...but seriously? Someone please school me.
Some background, wife and I both have Center county LTCF's, but now have a home in NEPA and still have a home in NYS. Need to keep DL in NY due to employment. In PA 3 or more days a week...
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April 7th, 2016, 08:52 PM #2
Re: Non-Resident/Resident?
There is no 'bright-line" definition of "resident" when interpreting the Uniform Firearms Act. As part of the LTCF issue a sheriff must act diligently to determine your proper state/county of residence which arguably could be reasonably interpreted as your state of domicile (if not Pa then you need a CCW from you 'home' state). Property deeds and utility are not good indicators; they just show you own and maintain property in the state.
You posted you have a NYS DL which would indicate your tacit declaration that NY is your state of domicile. Where are your vehicles titled/registered? Where do you vote? Where do you normally plan to return to after brief absences? Where does your children go to school? Where do you file resident state income taxes?IANAL
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April 7th, 2016, 09:21 PM #3
Re: Non-Resident/Resident?
All NY for now. I could change everything but my DL tomorrow. I would also need to keep one vehicle in NY. The Mrs will switch her DL and voter registration car and MC over to PA this summer.
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April 8th, 2016, 10:56 AM #4
Re: Non-Resident/Resident?
Keeping you DL/registration/title in NY for your convenience remains a practical impediment to claiming Pa as your primary residence for LTCF purposes.
After your wife's changeover, assuming that you cohabitate, what state will you both declare as your 'primary residence'?IANAL
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April 8th, 2016, 12:24 PM #5
Re: Non-Resident/Resident?
Sounds to me like you are a NY resident.
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April 8th, 2016, 12:30 PM #6Active Member
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Re: Non-Resident/Resident?
1911Operator, I'm guessing since you and your wife both have Centre County LTCF's, you at least had NYS pistol permits? If your home in NY is in a county where it's possible to get a concealed carry permit (if you don't already have one), why not hold onto that if you're required to maintain NY residence? I know the licensing process in NY is a huge pain in the ass, but the ability to have a handgun on both sides of the Delaware is worth it IMHO.
The instructor at my UT CFP class told me that the Centre Country Sheriff may start restricting issuance of non resident LTCF's only to applicants with unrestricted carry permits in their home states - which is the law in PA but I know for a fact he's made exceptions - but I haven't heard anything else about that claim. It's something to keep in mind when it comes time to renew.
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April 8th, 2016, 01:48 PM #7
Re: Non-Resident/Resident?
I guess I didn't read the original post well enough.
So the OP and his wife already have LTCFs issued through Centre County?
Unless they are expired, they are good throughout the state, so the DL question isn't really an issue at this moment. Right?
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April 8th, 2016, 02:17 PM #8
Re: Non-Resident/Resident?
If you created a primary residence within Pennsylvania, you can get a LTCF. You will need to have documentation stating such: Tax record(s), utility bills, etc...
The DL is the most common test, but is not the end all. The DL / LTCF is a chicken and egg argument.
A weapons permit is an acceptable form of ID to get a PA DL. See list "B" http://www.dot.state.pa.us/Public/DV...ub%20195us.pdf
Also check out PA Code § 95.2. Residence requirements: http://www.pacode.com/secure/data/00...r95/s95.2.htmlLast edited by Inigoes; April 8th, 2016 at 02:27 PM.
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April 8th, 2016, 02:36 PM #9
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April 8th, 2016, 02:40 PM #10
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