Resident, but no driver's license

Morgan321 · Sep 16, 2013

I am a legal PA resident(own property and pay state taxes) living out of the state. I don't have a Pa driver's license. Can I buy a gun in Pa?

Fox123 · Sep 16, 2013

You are living out of state, and have an out of state DL, would that not make the property in PA a second home and not your primary residence?

Bafflingbs · Sep 16, 2013

Get a Pa Drivers license.

truknbear · Sep 16, 2013

Real estate or income taxes ?

Morgan321 · Sep 16, 2013

Yeah, I will probably drive up to the border and just get a Pa license. Will the DMV give me any grief if I have ID, tax return, and a property deed? There is no mailbox at my house because it is so rural, will they mail it to an out of state address?

Zibner · Sep 16, 2013

They are really tough these days, you should have your birth certificate, current drivers license, use your pa residence and have utility bills. When I moved from Califorina to Maryland it took 4 trips to the MVA (DMV) before I had my license and registration.

Call and find out what they will want.

yournamehere · Sep 16, 2013

Zibner said:
They are really tough these days, you should have your birth certificate, current drivers license, use your pa residence and have utility bills. When I moved from Califorina to Maryland it took 4 trips to the MVA (DMV) before I had my license and registration.

Call and find out what they will want.

Shame your not a "New American". You could of brought a hand written note from your third cousin twice removed and been out in 20 minutes.

truknbear · Sep 16, 2013

In theory, as long as you are filing income taxes as a resident of PA, you may be good to go (hopefully your voter registration is also still there). The one troubling statement you made was drive, which would suggest you have a driver's license. If you have a Maryland DL, then that may be problematic, since that is supposed to be in your place of legal residence.

Before the Feds cracked down on the commercial driver's licenses, I used to keep 3-4 DL's (home,Mom's, etc) and would spread the safe driving awards across the licenses.

Jason21237 · Sep 16, 2013

I just moved to PA. You need your current drivers license,Birth certificate, Social Security card and 2 proofs of residency which would be utility bills and or lease/mortgage paperwork. It took me 10 minutes to walk out with a new license. I however think you cant claim PA residency because you don't actually live there. Owning property alone doesn't make you a resident.

Morgan321 · Sep 16, 2013

Did they give you the real license on the spot or a temporary one and mail the real one?

Maryland is most certainly not my legal residence thankfully! I feel for you guys though, I liked NY better than Maryland.

Inigoes · Sep 16, 2013

Get a PA carry permit

PA code 95.2 defines residency.

http://www.pacode.com/secure/data/004/chapter95/s95.2.html

A primary residence in PA is a home that bills have the address on them.

truknbear · Sep 16, 2013

Inigoes said:
Get a PA carry permit

PA code 98.2 defines residency.

A primary residence in PA is a home that bills have the address on them.

Then that would suggest I am a resident of both PA and MD and even NJ, but I file my tax returns in MD. Decisions, decisions, paying utility bills in all three. I would demure to where you file your taxes and vote.

Inigoes · Sep 16, 2013

truknbear said:
Then that would suggest I am a resident of both PA and MD and even NJ, but I file my tax returns in MD. Decisions, decisions, paying utility bills in all three. I would demure to where you file your taxes and vote.

You can demure all you want. PA law is PA law.

Do not use PA law to establish residency in NJ. They might have their own set of crazy laws

Morgan321 · Sep 16, 2013

Man internet lawyers all over, I guess thats what I get for asking on the interweb instead of picking up the phone myself!

Inigoes: chapter 95 governs appointments to a Pa state civil servant job. 95.2 establishes residency requirements for those jobs, not for anything else. At least read the stuff before you post it!

It's OK, I work for the government and I'm here to help. Uncle Sam moves me often for work, and just like military my location is not my legal residence by federal law. Do you guys want a DNA sample too? Damn!

So... Do they give you the permanent license on the spot or is it mailed later? That's really all I want to know!

truknbear · Sep 16, 2013

Inigoes said:
You can demure all you want. PA law is PA law.

Do not use PA law to establish residency in NJ. They might have their own set of crazy laws

But PA can say anything they want, but at that end of the day one can only have one State of residency. Having been there, done that, at the end of the day it boils down to where you file your taxes.

Ab_Normal · Sep 16, 2013

truknbear said:
But PA can say anything they want, but at that end of the day one can only have one State of residency. Having been there, done that, at the end of the day it boils down to where you file your taxes.

Uh, no it doesn't.

From the ATF FAQ:

Q: What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

truknbear · Sep 16, 2013

Morgan321 said:
Man internet lawyers all over, I guess thats what I get for asking on the interweb instead of picking up the phone myself!

Inigoes: chapter 95 governs appointments to a Pa state civil servant job. 95.2 establishes residency requirements for those jobs, not for anything else. At least read the stuff before you post it!

It's OK, I work for the government and I'm here to help. Uncle Sam moves me often for work, and just like military my location is not my legal residence by federal law. Do you guys want a DNA sample too? Damn!

So... Do they give you the permanent license on the spot or is it mailed later? That's really all I want to know!

Call the licensing folks (PennDOT). I would think that have provisions to handle folks in your situation.

Many moons ago I was in between a move from IN back to PA and had just bought a truck. They even let my Mom take care of the paperwork in PA, since they had a previous information.

truknbear · Sep 16, 2013

Ab_Normal said:
Uh, no it doesn't.

From the ATF FAQ:

Excellent point Ab_Normal. So that means we can all drive down to Texas, make a declaration that we intend to establish residency, purchase gobs of soon to be banned firearms, say sorry we really didn't mean it, and head back to Maryland. Brilliant !

Ab_Normal · Sep 16, 2013

truknbear said:
Excellent point Ab_Normal. So that means we can all drive down to Texas, make a declaration that we intend to establish residency, purchase gobs of soon to be banned firearms, say sorry we really didn't mean it, and head back to Maryland. Brilliant !

RCIF.

truknbear · Sep 16, 2013

Ab_Normal said:
RCIF.

Meets the parameters specified in the Interpretive Guidance you posted. Oops, those tend to be terribly flawed.

Resident, but no driver's license

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