Moving, will my CC license be worthless?

[GUZ371]

Thanks for the replies guys! Right now I am currently paying under OK income tax, OK license, OK CC. If I change my HOR to OK, I will be alright to keep my OK CC? I always thought that HOR requires an address of sorts.


From an earlier post, I might just convert everything back to VA. License, Income Tax, and CC.
With my PCS orders I can still get an Idaho CC license as a non resident.

I can't believe that with VA and ID, CO and WA doesn't honor either of them.

 

[SMS]

Thanks for your service GUZ. Let's get some confusing terms clarified: HOR, or home of record is NOT the same as state of legal residence. Your HOR is where you initially entered service from and there are very strict guidelines for changing it, like if it was entered incorrectly at the time of enlistment or if you have a break in service and come back in with a new enlistment contract. Otherwise...HOR never changes.

What we are talking about here is State of Legal Residence. If you keep paying OK income tax, keep your OK license, stay registered to vote in OK etc...then yes, you can essentially say you are a legal resident of Oklahoma under most definitions of "Residency".

However, the SDA specifically defines "Residency" as the following:

For purposes of the Oklahoma Self-Defense Act, the term residency shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically maintains a residence in this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency;

So it won't be enough to keep an OK driver's license. You will have to maintian a physical address here in OK. Not sure if that's worth it if you have no intention of returning to OK someday.

 

[cody6766]

If you really want to nail it down, pop into the JAG office and speak to one of the lawyers. It's free and doesn't take long. When I changed my residency from OK to FL after a FL PCS, basically I was told that I just need to show some intent of returning to that state after leaving the military. A FL DL and voters registration is fine. Tagging your cars and getting an OK DL isn't enough to be considered a switch back to OK residency as long as I still have some tie to FL (voter's registration, tax filing, etc.). So, as long as you keep your OK stuff, you should be fine with your CCL. You won't pay OK state taxes out of state, so enjoy that break.

I woudl be a perfect example of someone who COULD NOT take their OK CCL on the next PCS as I plan to retain FL residency

To get the most solid advice, spend a little while and talk to the JAG office.

 

[SMS]

Always a good idea to get qualified legal advice for sure. But a military JAG is not really going to be able to speak to Oklahoma self-defense act residency requirements.

The SDA is pretty clear that you must physically maintain a residence in this state, which means you must have an address that can be tied to you. Keeping an OK driver's license isn't enough...what address would he put on it?

 

[cody6766]

Sorry, I meant their legal office in general. They have lawyers on hand that will do the research for you if they don't know the answer. Their purpose is to provide legal services for AD mil members and their families and they will track down the answer for you. This law is pretty clear, but it's a good idea to keep them in mind instead of trying to make sense of certain laws yourself.