Texas to Florida recipocity--Military

[1Quik46]

Hello all. Im trying to obtain a CCL and have a few questions. Ill try to make this as simple as possible and I appreciate your help.

Im in the military currently stationed in New Mexico, so Im able to open carry. I recently received an assignment to Florida but they do not allow open carry so I will need to get a CCL.

My question is do I obtain a Texas CCL since I am a Texas resident? Or do I obtain a Florida Non-resident? Its unclear to me but I dont think Florida recognizes Texas CCL.

If I get a Florida CCL, since I am Military am I required to have a Florida address?

And finally, whats the easiest way to obtain a license in the situation Im in?

Again thanks for all the help and Im sure Ill have some more questions.

And yes Ive done research and searched this site, but still have these questions.

 

[1Quik46]

After looking a little more on different sites, it looks as though Texas and Florida are recipocity states.

Still curious on which would be the better CCL to get.

 

[NavyLCDR]

After looking a little more on different sites, it looks as though Texas and Florida are recipocity states.

Still curious on which would be the better CCL to get.

Federal law, 18 USC 922 (q)(2):

18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

(q)
(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;
<...or...>
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
<...or...>
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

If you want the legal exemption to the 1000' Federal School Zone prohibition, you need a license from the state the school zone is in. In Florida, that would be a Florida license. You can obtain the Florida permit by mail before you transfer to Florida.

Link Removed

In addition, for most purposes, especially firearms, you become a resident of a state the minute you step foot in that state on permanent active duty military orders.

 

[1Quik46]

Thanks for your input. Although Im not sure I agree with you 100%. Being military for 18 years I have lived all over the world, yet my residency has always been Texas. I believe being Military allows you to do that. I vote in Texas, have a Texas DL and have been told I can posess a Texas CCL and use it in Florida for up to 365 days after I retire from active duty. I admit Im no expert in this field, hence me putting this post up.

Again thanks for your input and any others that may follow.

 

[vt_shooter]

Thanks for your input. Although Im not sure I agree with you 100%. Being military for 18 years I have lived all over the world, yet my residency has always been Texas. I believe being Military allows you to do that. I vote in Texas, have a Texas DL and have been told I can posess a Texas CCL and use it in Florida for up to 365 days after I retire from active duty. I admit Im no expert in this field, hence me putting this post up.

Again thanks for your input and any others that may follow.

1Quik46, No one cares that you're in the military when it comes to CCW laws, except for perhaps satisfying a training requirement to get the license or permit.. Either state's CCW permit is legal for you, but as NavyLCDR pointed out, you will be in violation of a Federal law if you knowingly transit a school zone without a permit issued by the same state you're in. The penalty is up to 5 years in prison for every occurrence, so conceivably you could rack-up 20 years prison penalty for driving though 4 school zones as you cross town with a handgun tucked in your belt as you mind your own business. The Federal law makes reference to "knowingly" going through school zones; it might be hard to plead ignorance of a school being there as you drive past School Zone speed limit signs. Get the Florida permit. And apply for a Texas one too, if you might be living / traveling there.
You do not need a Florida address to apply for a FL license, list whatever your legal address is when you apply. If your address changes after you get the license you have to notify the state immediately what your new address is.

 

[S&W645]

You can have more than one state of residence. Military can keep both home state and state that you are currently based in. That kind of works in your favor as you can still buy guns in Texas and Florida as long as you have a copy of your orders for Florida. Dependents do not and must comply with the state laws such as getting the local DL if employed there. When you get to Florida, go to a Dept of Agriculture and Consumer Services office near you and you can get printed, pics taken, fill out the paperwork, pay the money, and in about 2 weeks you'll have the license for carrying. If you want to take a CCW class, they run from $75 - $100 and go over the Florida laws. Be sure to take your orders and ID with you if you go to the DACS office. Mailing the info in is running up to two months at times to get them back. Regional Office Locations / Regional Offices / Licensing / Divisions & Offices / Home - Florida Department of Agriculture & Consumer Services

 

[1Quik46]

You can have more than one state of residence. Military can keep both home state and state that you are currently based in. That kind of works in your favor as you can still buy guns in Texas and Florida as long as you have a copy of your orders for Florida. Dependents do not and must comply with the state laws such as getting the local DL if employed there. When you get to Florida, go to a Dept of Agriculture and Consumer Services office near you and you can get printed, pics taken, fill out the paperwork, pay the money, and in about 2 weeks you'll have the license for carrying. If you want to take a CCW class, they run from $75 - $100 and go over the Florida laws. Be sure to take your orders and ID with you if you go to the DACS office. Mailing the info in is running up to two months at times to get them back. Regional Office Locations / Regional Offices / Licensing / Divisions & Offices / Home - Florida Department of Agriculture & Consumer Services

Thank you very much! Thats the best response Ive seen yet. I beleive this is what Im going to do.

Ive already purchased my pistol so I just wont be able to conceal carry until I get to Florida and get an address.

My next question would be about traveling to Florida when we move. I would like to carry it and from what Ive read I can carry it on me in my truck while driving through the different states as long as its concealed. Does that sound accurate?

 

[NavyLCDR]

Thank you very much! Thats the best response Ive seen yet. I beleive this is what Im going to do.

Ive already purchased my pistol so I just wont be able to conceal carry until I get to Florida and get an address.

My next question would be about traveling to Florida when we move. I would like to carry it and from what Ive read I can carry it on me in my truck while driving through the different states as long as its concealed. Does that sound accurate?

You should research what the real regulations are before assuming what is posted on the internet is true. There is a very strict definition of state of residency regarding purchasing firearms and what S&W645 posted is not always true. In my own example, I have been in the military since 1984, and I have had a Wyoming driver's license since 1982. It has not been legal to purchase a handgun in Wyoming from anyone (FFL or not) and illegal for me to purchase any firearm from a private party in Wyoming since I went on Active Duty in 1988 because I no longer met the requirement to be a resident FOR THE PURPOSES OF FIREARMS TRANSACTIONS contained in Federal law. Where you are registered to vote, where your driver's license is from, where you pay taxes, and what your military home of record is have no bearing whatsoever on what your state of residence is FOR THE PURPOSE OF FIREARMS TRANSACTIONS.

Federal law contains two requirements for state of residency for firearms transactions: physical presence in a state with the intention of making a home there and/or active duty orders to a state. Since I left Wyoming on military orders in 1988, I have never been physically present in the state again with the intention of making a home there. I have returned on visits several times. It remains my military home of record. I am registered to vote there. My driver's license is there. But, for the purposes of firearms transactions, I have not been a resident of Wyoming for 25 years.

18 USC 921 (United States Code) contains this reference of state of residency for the purposes of firearms transactions:
18 USC § 921 - Definitions | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

18 USC § 921 - Definitions
(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.

27 CFR 478.11 (Code of Federal Regulations) contains the definition of state of residency for all persons, including active duty military, for the purposes of firearms transactions:
eCFR ? Code of Federal Regulations

Title 27: Alcohol, Tobacco and Firearms
PART 478—COMMERCE IN FIREARMS AND AMMUNITION
Subpart B—Definitions
§478.11 Meaning of terms.

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Do you see ANYTHING in the regulation concerning a driver's license, paying taxes, registered to vote or military home of record? NO. An active duty military member can only have two or more states of residence if they have orders to one state (like Maryland) and actual live in another state (like Virginia) and/or if they actually maintain a home in another state to actually live in for part of the year. I myself had orders to Connecticut and lived in Massachusetts, and during that time I was a resident of both states for the purposes of firearms transactions, but still NOT a resident of Wyoming where my driver's license was from and my military home of record is.

My next question would be about traveling to Florida when we move. I would like to carry it and from what Ive read I can carry it on me in my truck while driving through the different states as long as its concealed. Does that sound accurate?

That depends upon the state law of the state that you are physically present in at the given time. Every state is different. If you want protection offered by Federal law, regardless of state laws, then your gun must be unloaded and both any ammo and the gun locked in either an exterior compartment of the vehicle or locked in a case:

18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute

18 USC § 926A - Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.