Concealed Carrying While In The Military


Thank you everyone for the responses. I called the program director for thr TN concealed carry program. She said that i do not have to get a TN license. She said as long as i am active duty that that 6 month clause does not affect me and that i am still a Ohio resident.

Im going to do more research and try to read the code law on it.
 

screename116 said:
I have been looking for the specific code that states that military is exempt...and I cannot find any..
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You won't find it in the concealed carry statutes because they aren't exempt from those. What they're exempt from is residency because they're still considered residents of their home states while they're on active duty. Therefore, the requirement to obtain a TN license within six months of becoming a resident doesn't apply to them. They aren't TN residents, so their out of state licenses remain valid as long as they're on active duty, unless they decide to claim TN residency, which I think is the smart route since there is no state income tax in TN.
 
Rhino said:
unless they decide to claim TN residency, which I think is the smart route since there is no state income tax in TN.
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Enlisted military members cannot change their home of record state for tax purposes whenever they want to. They can only change their home of record state when they reenlist.
 
NavyLCDR said:
Enlisted military members cannot change their home of record state for tax purposes whenever they want to. They can only change their home of record state when they reenlist.
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So how did my wife and I both do it? Actually I did it twice.
 
Okay, I see what you did. You said "cannot change their home of record state for tax purposes". That's true. That isn't possible because your home of record doesn't determine your state taxes. Your state of legal residence determines your state taxes. Your state of legal residence can be changed at any time provided you meet certain requirements, and living in the state in question is one of them. Yes, I changed mine twice. Your home of record determines mainly where you and your household goods will be sent when you separate. You can look this up in numerous places on the web.
 
Rhino said:
Okay, I see what you did. You said "cannot change their home of record state for tax purposes". That's true. That isn't possible because your home of record doesn't determine your state taxes. Your state of legal residence determines your state taxes. Your state of legal residence can be changed at any time provided you meet certain requirements, and living in the state in question is one of them. Yes, I changed mine twice. Your home of record determines mainly where you and your household goods will be sent when you separate. You can look this up in numerous places on the web.
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EDITED:

I found out "Home of Record" and "Legal Residency" are indeed separate. Legal Residency is where state taxes are paid to. Legal Residency is not supposed to be changed for tax purposes only, however:
http://usmilitary.about.com/cs/militarylaw1/a/homeofrecord.htm

"Home of Record" is used to determine travel entitlements when one separates from the military. It has nothing to do with voting or paying taxes, registering vehicles, nor any of the other priviledges of state residency. "Home of Record" can only be changed if there is a break in service of more than one day, or to correct an error.

"Legal Residency," or "domicile", on the other hand refers to the place where a military member intends to return to and live after discharge or retirement, and which they consider their "permanent home." Legal residency determines what local (state) tax laws a military member is subject to, and in which local (city, county, state) elections they may vote in.

Does that mean a military member can change their "legal residence" anytime they want, and therefore avoid paying state taxes? Not quite. Under the law, "legal residence" is the place that the military member intends to live after they separate or retire from the military. It's the place that they consider their "permanent home."

However, the military is required by regulation to ensure that military members are not changing their "legal residence" for the sole purpose of obtaining a tax advantage. Therefore, when changing your "legal residence," military officials at the legal office (or finance office) may require some degree of proof that you consider the new state to be your "permanent home."
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The first sentence in the next paragraph details what I was saying.
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The easist proof is "physical presence in the state." If you are currently stationed in a state, and wish to make it your permament home, it's generally pretty easy.
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So you can change it at any time if you are stationed there, which is what I was saying, and is what I did twice in my career. There are other ways to do it in states where you don't actually reside, but those get a little bit more complicated.
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P.S. The spelling errors were theirs.
 
Rhino said:
The first sentence in the next paragraph details what I was saying.
.
So you can change it at any time if you are stationed there, which is what I was saying, and is what I did twice in my career. There are other ways to do it in states where you don't actually reside, but those get a little bit more complicated.
.
P.S. The spelling errors were theirs.
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Well, hopefully you decide where you are going to settle down and live when you retire/discharged since that is what the legal definition of "Legal Residency" is in this situation.
 
Of the military members I knew during my career that stayed in for more than one enlistment, I'd say about half went back to their original home state. Around 25% just stuck around their last duty station (true for me right now), and the rest departed for a home state they found at one of their duty stations during their career. I actually retired in Omaha, NE and got work there because my wife was still active duty. Then she got assigned to a base in Dayton, OH and we've been here since she retired in '05. We're moving to Tennessee in the next couple of years though. We've already bought some land to build a house on and raise our herd of Labrador Retrievers. All two of them.
 
Thanks, Rhino, for giving me the opportunity to look up the right answers, I admit, I was mistaken about the subject in the past :)
 
I have just been sitting on the sidelines watching this running gun battle. It has been more than interesting, it is also informative and beneficial to young troops caught up in the legal quagmire of state laws. One good source of information on here would be nosreme, a USAF attorney for 32+ years. He has had some very good responses to a variety of subjects. Just sayin'.......
 
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