Residency laws (NY & GA)

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ctdonath

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I have recently moved - temporarily for 1 year - from NY to GA, while keeping a home in NY & getting an apartment in GA. Lots of laws are based on "residency", but seem to vary significantly in what constitutes "residency", such as 1 month for car registration, 3 months for CCW registration, and 6 months for state university tuition rates. To complicate things, I may want to retain legal rights of residency in both states (NY CCW easy to lose & hard to get, etc.). Even more, I wish to buy a suppressor (integral Ruger MkII) in GA - so I must know the federal definition of state residency. I recognize that all these laws may be contradictory - which may or may not be OK depending on application.

Anyone understand legal "residency", especially for GA and NY, enough to tell me what I need to know about the subject & consequences?
 
FOR THE PEOPLE

BY THE PEOPLE




................Sounds nice, don't it?



If only it pertained today..................
 
I thought that .............


WE ...........TOLD.....................THEM..............

How this country would be run.

Isn't it OURS??


Welcome to your monarchy.

Now DO WHAT YOU ARE TOLD.


-Signed,

Es otro mono
 
JerGun,
There are plenty of threads to engage in "we the people" rants. This is not one of them. I am quite aware that the 2nd Amendment should make my question irrelevant; unfortunately there are comprehensive laws to the contrary and heavily armed men tasked with upholding them, so until I'm ready to take on an RKBA case before SCOTUS, I need to understand residency laws and their consequences. Please stay on topic or off the thread.
 
I'm semi familiar with residency as I have domiciles in 2 states (neither NY nor GA though). The bottom line is that it is set up state by state, so if you want to cover your bases you may want to talk to a tax attorney in both states. I say tax attorney because they tend to be familiar with residency requirements (since that's usually what determines what state you pay income tax in). Said att'y may be able to help you with Fed definitions or point you in the right direction (maybe the ATF has them on their website?)

You named some items that help establish residency (phone bills, etc). Here are some other general actions you can take:

* Register to vote (and actually vote)
* Get a driver's license/state ID in that state
* Set up bank account(s) in that state
* Get paid by your employer in your desired state of residence (i.e., pay stubs indicate your place of residence)

HTH
 
Sorry for the irrelevant posts.

Obviously, Our feelings do little to keep us in the right.

(I was kind of on a rant)

Anyway, I will settle down, and appreciate the knowledge I may gain through this thread.

After all, knowledge IS power, and WE need all the power we can get.


I wish you as smooth a transition as possible.
 
As far as the courts are concerned, you are a "resident" of only one state at a time. Residency, for jurisdictional purposes, means physical presence with the intent to remain. Thus, if you have lived in NY your entire life, and travel to Georgia to visit friends and family, you remain a resident of NY despite your physical presence in Georgia. You can stay in Georgia for quite a long time, in fact, so long as you intend your stay to be temporary, i.e., you intend and expect to return to NY at some point in the foreseeable future.

If you intend to remain in Georgia, however, then you become a "resident" of Georgia for jurisdictional purposes as soon as you cross the border into Georgia.

What this means is that you are subject to the laws of New York, and reachable by its courts, wherever you may be for as long as you remain a legal resident of New York. You are also subject to the laws of Georgia by virtue of your physical presence there, even though you may not be a legal "resident" for jurisdictional purposes.

If you have a right to something under the U.S. Constitution, however, a state cannot deny that right to you on the basis that you haven't been a resident for a set period of time. For example, laws that deny you the right to vote until you've been a resident for x number of months have been declared unconstitutional. The rationale is pretty simple. If you were a resident of New York, and move to Georgia on Tuesday, June 7, with the intent to stay, then as of June 7 you are no longer a resident of New York and are now a resident of Georgia. You can no longer vote in NY because you are no longer a resident of NY. If Georgia denied you the right to vote until you had lived there for six months, then you would not be able to vote anywhere during those six months. Hence, such laws are void. Similarly, States cannot deny things like driver's licenses to new residents.

That's the theory, anyway. In practice, the states impose difference restrictions and requirements for different things, some of which you mentioned. It has been held, for example, that States can impose minimum residency periods before granting in-state tuition benefits.

There is no single answer to your question. It all depends on what you want to do, what your intentions are, and whether there is sufficient evidence to support your claimed intention. I would caution you against trying to maintain "dual residency", however, for a number of reasons. First, if you are successful you subject yourselves to the laws and jurisdiction of two states. That means you are also liable to pay taxes (including income taxes) in both states. It's o.k. to switch your residency back and forth periodically (even once or twice a year), but you should officially be a resident of one or the other at any given time, not both.

Second, you may not pull it off. If you think you are a resident of say, Georgia, and claim rights under Georgia laws that protect Georgia residents, the courts may ultimately disagree and find that you're really a resident of NY who is temporarily staying in Georgia. Poof -- your Georgia protections have vanished and you are probably in violation of those laws.
 
As far as the courts are concerned, you are a "resident" of only one state at a time. Residency, for jurisdictional purposes, means physical presence with the intent to remain. Thus, if you have lived in NY your entire life, and travel to Georgia to visit friends and family, you remain a resident of NY despite your physical presence in Georgia. You can stay in Georgia for quite a long time, in fact, so long as you intend your stay to be temporary, i.e., you intend and expect to return to NY at some point in the foreseeable future.
Even that is not etched in granite. To some degree, it depends on what agency and what purpose.

You can only vote in one jurisdiction/location. You only pay FEDERAL income tax from one address. But ... there are circumstances under which you may owe state income tax in two states.

Motor vehcle registration is another grey area. My late grandparents owned a summer house in another state, and divided their time almost exactly evenly, 6 months at "home" and 6 months at the vacation home. Under that state's laws, at least, because they owned the property and paid taxes in that state, they were legally allowed to register motor vehicles there. Not certain, but I believe they were also allowed to vote in local and state elections, even though for federal elections the winter address was the place they were registered to vote.

So I believe it behooves anyone facing this situation to consult a real attorney. (I'm not even an imitation attorney.)
 
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