Define "Residency"

[marklbucla]

I'm at the University of Alabama and since VT, the sheriff has added an additional requirement for CCW that students get approved by the University Police chief first. I'm thinking that this is either a delay tactic or a way for our liberal sheriff to deny people without having to do it himself.

Since I have a UT permit, I'd be able to carry again, but only if I were a non-resident of Alabama. So the question is, can I file the paperwork when I go back home to the PRK this winter to reestablish my PRK residency and "reactivate" my UT permit? Or is my presence in a state enough to make me a resident of a state, regardless of my Driver's License and voter registration?

ETA: I'm waiting on the University Police's approval and it's taking longer than they said it would.

 

[Art Eatman]

1. Sounds like the sheriff is making up a law, beyond what the legislature passed. Not being an Alabama-based lawyer, it's purely my opinion that his requirement is not legal.

2. In general, your residency is where you are registered to vote. You're only temporarily in Alabama, and (again, my opinion FWIW) and so you're not an Alabama resident.

Art

 

[legaleagle_45]

Art wrote:

Not being an Alabama-based lawyer, it's purely my opinion that his requirement is not legal.

But you did stay at a Holiday Inn, right?

The law of residency is associated with the common law concept of domicile... the place you consider home and will return to live there even when absent. Thus, a student who goes out of state to attend college will ordinarily retain their Parent's home as their domicile... unless, like my parents, they board up the homestead and move with no forwarding address.

 

[ServiceSoon]

AL accepts residential or non-residential UT permits. When you go back to UT to renew your ccw just ask them if you should apply for a residential or non-residential permit. Problem solved...right?

 

[wdlsguy]

Alabama does accept Utah licenses, as long as the licenseholder isn't a resident of Alabama, hence the OP's question:

Section 13A-11-85

Reciprocity for licenses issued in other states.

(a) A person licensed to carry a handgun in any state whose laws recognize and give effect in that state to a license issued under the laws of the State of Alabama shall be authorized to carry a handgun in this state. This section shall apply to a licenseholder from another state only while the licenseholder is not a resident of this state. A licenseholder from another state shall carry the handgun in compliance with the laws of this state.

(b) The Attorney General shall periodically publish a list of states which meet the requirements of subsection (a).

http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-85.htm

 

[SteveS]

You'll need to find someone that knows Alabama law in regards to residency.

FWIW, according to ATF Rul. 80-21, following the example given in 27 CFR 178.11 (about a person that owns a summer home in another state), during the time that the college student is at the college, they are a resident of that state. When they are home, they are a resident of that state.

Obviously, this isn't Alabama law, but it shows that there are different ways of viewing residency.

The law of residency is associated with the common law concept of domicile

Residency and domicile are not synonymous. Domicile is, as you say, the place you consider home and will return to live there even when absent. Residency is where you are living at a given time.

 

[Ken]

At least for purposes of resident vs. non-resident tuition, here is what the UA says on its website:

http://registrar.ua.edu/residency.html

 

[chipperi]

I remember a stink about that when I lived in MD. the state gestapo...I mean police under the MVA went to Towson State and removed all the tags from out of state cars because if you reside in the state more than 90 days you have to register you car in Murderland...I mean Maryland Because you are considered a resident.

 

[LAK]

There are plenty of very wealthy people that would be hard pressed to define, in absolute compliance with the states' laws concerned - as exercized - their legal state of residence.

And I'll bet the farm that Maryland police are not pulling the tags off their cars if they happen to be seen around town near their Maryland horse farm or Chesapeake Bay marina for more than 90 days.

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http://searchronpaul.com
http://ussliberty.org
http://ssunitedstates.org

 

[marklbucla]

Things fell into place yesterday. I got approved by UAPD and got my permit from the Tuscaloosa County Sheriff. I'm glad things weren't as they appeared to be and that I won't have to go through any further hassles...

I hope...