TN HCP in AL

[Guest ddemonbr]

Hey guys,

It is looking like I will be moving to Huntsville, AL, for a job at the Redstone Arsenal when I graduate from UT (this Friday!!)

My parents' house is in Murfreesboro. My driver's license and HCP are registered at their house. I would prefer to keep my carry permit with as a TN HCP because more states honor it (including AL). Is it possible/legal for me to "live" at my parents' house to accomplish this even though I will be staying in an apartment in Huntsville?

Thanks for any help you guys can provide!

Derek

[Oh Shoot]

This comes up now and then on TGO, and I don't know if there has ever been a crystal clear legal opinion emerge.

In TN, for example, you are required to get a TN DL and plates and HCP after a certain time of "establishing residency".

'Bama may have similar requirements, don't know.

Here is how TN determines residency, only thing I can find, and it's related to voting. There may be a more general topic area for residency, but I've never found it.

Tennessee Department of State: Elections

And Bama is likely somewhat similar.

Point being, if you don't change anything, who would ever necessarily know? Maybe. Except that if something unusual happened, like being in a shooting, or a wreck, or maybe even just a traffic stop, 'Bama might look deeper at your work and residency situation and I suppose there's outside chance of being charged with carrying without a valid permit or something related to driving credentials.

Whether that's a real concern or just being overly cautious, I don't know. The fact that you are in adjoining states might be a factor as far as reasonably claiming that you are still a TN resident, and are taking a job of "unknown duration", then again, maybe that's only my shading the issue.

You'll almost certainly need to be either/or, as a Bama DL/plates with a TN HCP is bound to raise some questions if ever stopped, for example.

There is also the possibility of sticking out in some database correlation, since I assume you'd keep your TN address for IRS purposes, but income derived from Bama. Also, Bama has state income tax. Whether this might raise a flag at some point is another unknown.

Anyway, guess some others will chime in. In the meantime, you might try to search Bama's state sites and see what's technically required, not just for packing, but DL and other stuff, and their definition of residency, just so you can decide better. And I'm sure you'll get more responses here, hopefully maybe even from one of our resident attorneys.

I trust I have made this now as clear as mud. You're welcome. :)

- OS

Edited May 9, 2011 by OhShoot

[Guest friesepferd]

if youre drivers license switches states, your carry permit must as well.

there are laws about how long you can live somewhere before switching drivers licenses. i think its usually 6 months but you will have to check with DOT in alabama to see what that length of time is.

If you plan on staying there for any period of time, just switch it. Most likely all you need to do is fill out some transer/renewal form, but you will have to ask about that- it depends on the state. I know know that going from MI to TN it took pretty much zero time and effort- less than that of switching drivers licesnse.

[bigwakes]

There are states that offer nonresident CCW, that might be an option. States like North Dakota offer nonresident permits to 18yo and up. I was in Alabama this week and researched the gun laws. They allow open carry with no permit, so they can't be too strict.

[Guest friesepferd]

There are states that offer nonresident CCW, that might be an option. States like North Dakota offer nonresident permits to 18yo and up. I was in Alabama this week and researched the gun laws. They allow open carry with no permit, so they can't be too strict.

well, there actually are plenty of states that allow open carry w/o a permit and are strict on other things.. but still.

you could get some nonresident ccw somewhere... but thats getting a new permit.. you might as well just get the AL one then.

[Erik88]

is this job in AL going to be temporary or permanent? If it's temp then I wouldn't worry about it. If you think you're going to be there for 5 years then just go ahead and get the AL permit. And you can also snag a non resident permit from another state such as Florida. That would probably allow you to carry in more states.

[mikegideon]

The Tennessee line is only 18 miles from the middle of Huntsville. You could always just stay in Tennessee

[Guest ddemonbr]

Thanks for all the quick responses so far!! This will be a permanent job (Lord willing), but my long-term plans will be to commute from Fayetteville (or somewhere around there--in TN) to Huntsville. In the meantime, I will be living in Huntsville. I am really leaning to keeping my residence, DL, HCP, and voter registration in M'boro until I can get the money to buy a house in TN. I feel that this may be the best choice for me in the long run.

With that said, I am still very open to suggestions/comments/advice!

[Patrick Henry]

if you go with your preferred course of action you may want to check to see what would happen if you were to be at fault in an auto accident in AL. The ins. co. may say you fraudulently claimed TN residency and therefore your insurance is null and void and you are 100% liable for all personal and property damages.

[hkusp40cal]

I had a similar situation. I am a TN resident but was working for over a year in MD. I had to pay MD taxes + a 1.5% non-resident penalty. As long as I did not get an apartment lease, buy a home etc, I could legally stay a TN resident. My address stayed as TN. The issue comes if you get a place and get utilities then it is harder to claim you are a non-resident. If you can find a extended stay hotel or some such you will be fine. If you do rent an apartment (unless it is a corporate long term stay one) you most likely will have to get the AL DL, Tags etc. if you are there over 6 months. Again, this is my experience with MD, I do not know if AL is as strict.

[Guest friesepferd]

yep, again... nobody is going to MAKE you switch drivers licenses, but legally if you are living there for over 6 months (you have an apartment, pay utilities, etc), then you have to. Not terribly likely to get caught or anything, but still.. id just switch it over.

[JayC]

yep, again... nobody is going to MAKE you switch drivers licenses, but legally if you are living there for over 6 months (you have an apartment, pay utilities, etc), then you have to. Not terribly likely to get caught or anything, but still.. id just switch it over.

IANAL, but it seems to me if you intend to live with your parents, but you need a place to stay while working in Huntsville, until you find a closer home, that doesn't mean you're becoming an AL resident. But, truth is, find a house to rent in TN if you plan on living in TN... and problem solved.

[Guest dthurston]

Find an apartment across the state line in Tn. Just beware the traffic going into Redstone... almost as bad as the Boro to Nashville.

Dave

[Guest ddemonbr]

That makes sense. Thanks for the advice guys. I just about wish AL would require a CCW class like TN... Maybe its carry permit would be a little more acceptable to a few more states then...

[Oh Shoot]

That makes sense. Thanks for the advice guys. I just about wish AL would require a CCW class like TN... Maybe its carry permit would be a little more acceptable to a few more states then...

'Bama is not a "shall" issue state. It's a "may" issue. Permits are handled by each county's sheriff. I guess it doesn't happen much, but a sheriff can deny a permit because he doesn't think a certain person should have one.

Law reads "may issue...if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."

Anyway, as you mention, lack of a training standardization is likely why fewer states honor it. Fee varies, too, but no more than $15 (good news). Only good for a year at a time (bad news).

- OS

[JC57]

Not sure about handgun permits but AL state law requires that you apply for an AL drivers license within 30 days after establishing residency. After that time, your out-of-state license is not valid to drive in AL.

If I were you I would ask, very specifically, if what you are planning on doing falls within their laws. I guarantee you can get away with claiming you are a TN resident just visiting, until something happens (traffic accident or DUI in the case of the DL), or some situation where you have to actually USE your firearm, or a law enforcement encounter while you happen to be armed (in the case of the HCP). That's when you'll find out what the laws are for sure. I'd personally not want to risk what appears to be a promising future by doing things that could get you in serious trouble if you happen to be wrong.

[JDM175]

Living in TN is definitely the way to go. Traffic gong to the Arsenal can be time consuming unless you go in early. Problem with carrying is that you cannot carry on the arsenal so you might want an alternate plan. I would live in TN anyway just due to coast and definitely buy in TN it is well worth the drive. If you do decide to live in Bama a carry permit is very easy to get. It does depend county by county with the Sheriff as the issuing authority. In Limestone county it is an instant background ceck and if all is good they print out a piece of paper right there on the spot and you are good to go. Madison county takes a little longer but you get a plastic permit instead of paper but I don't remember if it has your picture on it or not.

Still go with option 1 and stay in TN

[Guest ddemonbr]

is this job in AL going to be temporary or permanent? If it's temp then I wouldn't worry about it. If you think you're going to be there for 5 years then just go ahead and get the AL permit. And you can also snag a non resident permit from another state such as Florida. That would probably allow you to carry in more states.

Erik (or anyone else who wants to contribute, really),

I have been looking into this idea of a non resident permit either from FL or ND. Have any of you gone through the process to get the non resident permit from this state or any other? If so, how difficult is it to get this done?

Thanks again for all of the advice you have been providing me!

[Erik88]

Erik (or anyone else who wants to contribute, really),

I have been looking into this idea of a non resident permit either from FL or ND. Have any of you gone through the process to get the non resident permit from this state or any other? If so, how difficult is it to get this done?

Thanks again for all of the advice you have been providing me!

no I haven't gone through the trouble yet though I have considered it. I'm in the same boat as you. I graduate from UT in July, hopefully I will find a job in TN, but if I end up in a state where CCW laws are not as friendly then the non-resident permit might be a good idea. From what I understand, I really don't think it should be that hard to obtain one of those permits.

[Fallguy]

Erik (or anyone else who wants to contribute, really),

I have been looking into this idea of a non resident permit either from FL or ND. Have any of you gone through the process to get the non resident permit from this state or any other? If so, how difficult is it to get this done?

Thanks again for all of the advice you have been providing me!

Here is a list of states that issue non-resident permits and how to get them.

Remember CO, MI, SC, FL, NH and ME do not honor non-resident permits and more than likely you will have to have a permit from the state you reside in to carry in that state.